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6019ORDINANCE NO. - 6019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2004-00002 BY AND BETWEEN THE CITY OF ANAHEIM AND CREA/NEXUS ANAHEIM CORNERS, LLC, (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 FOR AND ON BEHALF OF THE CITY. WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code of the State of California (hereinafter "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance") on November 23, 1982, making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter "Procedures Resolution") establishing procedures and requirements for consideration of development agreements upon receipt of an application by the City; and WHEREAS, pursuant to Section 65864, et seq. of the Statute, the City of Anaheim and CREA/Nexus Anaheim Corners, LLC heretofore entered into that certain Development Agreement No. 2004-00002, dated November 15, 2004, and recorded in the Official Records of Orange County California on February 16, 2005 as Instrument No. 2005000121211 (the "Development Agreement") with respect to that certain real property as legally described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Development Agreement provides for the development of a mixed use project consisting of 390 apartments, 2,820 square feet of retail, 7,839 square feet of restaurant, 6,297 square feet of clubhouse/leasing, and an 845 space parking structure, as more particularly set forth in Final Site Plan No. 2004-00005 and Conditional Use Permit No. 2004- 04906; and WHEREAS, on December 18, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), CREA/Nexus Anaheim Corners, LLC (hereinafter "Applicant"), submitted an application to the Planning Department requesting (i) that Amendment No. 1 to the Development Agreement, attached hereto as Exhibit `B" and incorporated herein by this reference, be approved, and (ii) that Tentative Tract Map No. 16618 be approved to establish a 1 -lot, 393 unit airspace attached residential mixed use condominium subdivision (hereinafter the "Proposed Project Actions"); and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement, as amended, by developing a mixed use project consisting of 390 residential dwelling units, 2,820 square feet of retail, 7,839 square feet of restaurant, 6,297 squarefeet of clubhouselleasing and an 845 space parking structure, as more particularly set forth in Final Site Plan No. 2004-00005 and Conditional Use Permit No. 2004- 04906; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Proposed Project Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City Planning Commission, by its Resolution No. PC2006-15, has found and determined that the Proposed Project Actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts and no supplemental or subsequent environmental review is required; and WHEREAS, the City Planning Commission, by its Resolution No. PC2006-15, which is incorporated herein by this reference, made certain findings that the Applicant has demonstrated eligibility to enter into Amendment No. 1 to the Development Agreement and that Amendment No. 1 to the Development Agreement meets the criteria set forth in the Procedures Resolution and recommended to the City Council the approval of Amendment No. 1 to the Development Agreement; and WHEREAS, the City Council did hold a public hearing upon Amendment No. 1 to the Development Agreement, notice of said public hearing having been duly given as required by law; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, as lead agency for Amendment No. 1 to the Development Agreement, by motion, did find and determine, based upon its independent review, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FOR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and the Mitigated Negative Declaration and Mitigation Monitoring Program No. 125 previously approved by the City Council in connection with the Development Agreement and Conditional Use Permit No. 2004-04906, are adequate to serve as the required environmental documentation for Amendment No. 1 to the Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for Amendment No. 1 to the Development Agreement. WHEREAS, the Applicant has demonstrated that the Proposed Project Actions meet the eligibility requirements of the Procedures Resolution to enter into Amendment No. 1 to the Development Agreement by showing that, upon completion, the project will result in the development of a mixed use project consisting of 390 residential dwelling units, 2,820 square feet of retail, 7,839 square feet of restaurant, 6,297 square feet of clubhouse/leasing and an 845 space parking structure; and WHEREAS, the City Council of the City of Anaheim, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, including the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC2006-15, does find upon review of the land use aspects of Amendment No. 1 to the Development Agreement: 1. That Amendment No. 1 to the Development Agreement is consistent with the City's existing General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan. 2. That Amendment No. 1 to the Development Agreement is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements as set forth in Final Site Plan No. 2004-00005, which has been approved by the Planning Director, and Conditional Use Permit No. 2004-0496, which has been approved by the City Council. 3. That Amendment No. 1 to the Development Agreement is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements; and. 4. That Amendment No. 1 to the Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That Amendment No. 1 to the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That Amendment No. 1 to the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Amendment No. 1 to Development Agreement No. 2004-00002 be, and the same is hereby, approved. SECTION 2. That the Mayor be, and is hereby, authorized to execute Amendment No. 1 to Development Agreement No. 2004-00002 for and on behalf of the City. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 28th day of March , 2006, and thereafter passed and adopted at a regular meeting of the City Council held on the 11th day of April , 2006, by the following roll call vote: AYES: Mayor Pingle, Council Members Sidhu, Hernandez NOES: Council Members Galloway, Chavez ABSENT: None ABSTAIN: None CITY ANAHEIM, MAYOR OF THE F ANAHEIM ATTEST: CIT CLERK F THIf CITY OF ANAHEIM 60837.v1/mgordon/02.27.06 Exhibit A LEGAL DESCRIPTION OF THE PROPERTY PARCEL A: PARCEL 1 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED IN BOOK 208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDEROF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCEL 2 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED IN BOOK 208, PAGES l 1 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: PARCEL I AS SHOWN ON A MAP IN BOOK 57, PAGE 1 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY. PARCEL C-1: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITY PURPOSES OVER THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 28.00 FEET WIDE, THE EASTERLY LINE OF WHICH BEING THE WESTERLY LINE OF PARCELS 1 AND 4, AS SHOWN ON A MAP FILED IN BOOK 57, PAGE 1 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. THE SIDE LINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF KATELLA AVENUE, AND SO AS TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF WRIGHT CIRCLE, BOTH AS SHOWN AND SAID PARCEL MAP. AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: April 20, 2006 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: April 20, 2006 C Signature ri�aheim Bulletin _ 62N. Grand Ave. Sana Ana, CA 92701 00., t (714) 796-2209 J%OOF OF PUBLICATION ORDINANCE NO. 6019 .AN ORDINANCE OF THE COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMEN 1 ANO. 2004-00002 BY AND BETWEEN THE CITY OF ANAHEIM AND CREA/NEXUS ANAHEIM CORNERS, LLC, (s MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO.1 FOR AND ON BEHALF OF THE CITY. WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 of the Government Code of the State of California (hereinafter "Statute") authorizes a city to enter into a contract which is called a development agreement in order to estab- lish with certainty what regulations will govern the construction of a development; and WHEREAS, the Cof Anaheim (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter "Enabling Ordinance") on November 23,1982, making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter "Procedures Resolution") establishing procedures and requirements for consideration of development agreements upon receipt of an application by the City; and WHEREAS, pursuant to Section 65864, at seq. of the Statute, the City of Anaheim and CREA/Nexus Anaheim Cor-, ners, LLC heretofore entered into that certain Development Agreement No. 2004-00002, dated November 15, 2004, and I recorded in the Official Records of Orange County California on February 16, 2005 as Instrument No. 2005000121211 (the' "Development Agreement") with respect to that certain real property as legally described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Development Agreement provides for the development of a mixed use project consisting of 390 apart- ments, 2,820 square feet of retail, 7;839 square feet of restaurant, 6,297 square feet of clubhouse/leasing, and an 845 space parking structure, as more particularly set forth in Final Site Plan No. 2004-00005 and Conditional Use Permit No. 200404906; and WHEREAS, on December 18, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the, "Development Agreement Law"), CREA/Nexus Anaheim Corners, LLC (hereinafter "Applicant"), submitted an application to the Planning Department requesting (i) that Amendment No. 1 to the Development Agreement, attached hereto as Exhibit "B" and incorporated herein by this reference, be approved, and (ii) that Tentative Tract Map No. 16618 be approved to establish a 1 -lot, 393 unit airspace attached residential mixed use con- dominium subdivision hereinafter the "Proposed Project Actions"); and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement, as amended, by developing a mixed use project consisting of 390 residential dwelling units, 2,820 square feet of retail, 7,839 square feet of restaurant, 6,297 square feet of clubhouse/leasing and an 845 space parking structure, as more particularly set forth in Final Site Plan No. 2004-00005 and Conditional Use Permit No. 2004-04906; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Jan- uary 23, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Proposed Project Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City Planning Commission, by its Resolution No. PC2006-15, has found and determined that the Pro- posed Project Actions will not result in new significant impacts or substantial increases in the severity of previously identi- fied significant impacts and no supplemental or subsequent environmental review is required; and WHEREAS, the City Planning Commission, by its Resolution No. PC2006-15, which is incorporated herein by this refer- ence, made certain findings that the Applicant has demonstrated eligibility to enter into Amendment No. 1 to the Develop- ment Agreement and that Amendment No. 1 to the Development Agreement meets the criteria set forth in the Procedures Resolution and recommended to the City Council the approval of Amendment No.1 to the Development Agreement; and WHEREAS, the City Council did hold a public hearing upon Amendment No. 1 to the Development Agreement, notice of said public hearing having been duly given as required by law; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, as lead agency for Amendment No. 1 to the Development Agreement, by motion, did find and determine, based upon its inde- pendent review, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Sec- tion 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FOR No. 330 Previously certified by the City Council for the Amended General Plan and related pre, s, together with the Updated and Modified Mitigation Monitoringg Program No. 106 for The Platinum Triangle, and the Mitigated Negative Declaration and Mitigation Monitoring Program No. 125 previously approved by the City Council in connection with the Development Agreement and Conditional Use Perm t No. 2004-04906, are adequate to serve as the required environmental documentation for Amendment No. 1 to the Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documenta- tion need be prepared for Amendment No.1 to the Development Agreement. WHEREAS, the Applicant has demonstrated that the Proposed Project Actions meet the eligibility requirements of the Procedures Resolution to enter into Amendment No. 1 to the Development Agreement by showing that, upon completion, the project will result in the development of a mixed use project consisting of 390 residential dwelling units, 2,820 square feet of retail, 7,839 square feet of restaurant, 6,297 square feet of clubhouse/leasing and an 845 space parking structure; and I WHEREAS, the City Council of the City of Anaheim, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearingg including the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC2006-15, does find upon review of the land use aspects of Amendment No.1 to the Development Agreement: 1. That Amendment No. 1 to the Development Agreement is consistent with the City's existing General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan. 2. That Amendment No. 1 to the Development Agreement is compatible with the uses authorized in and the regula- tions prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone require- ments asset forth in Final Site Plan No. 2004-00005, which has been approved by the Planning Director, and Conditional Use Permit No. 2004-0496, which has been approved by the City Council. 3.That Amendment No. 1 to the Development Agreement is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements; and. 4. That Amendment No. 1 to the Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That Amendment No. 1 to the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6.That Amendment No. 1 to the -Development Agreement is entered into pursuant to and in compliance with its char- ter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Amendment No.1 to Development Agreement No. 2004-00002 be, and the same is hereby, approved. li SECTION 2. That the Mayor be, and is hereby, authorized to execute Amendment No. 1 to Development Agreement No. 2004- 00002 00400002 for and on behalf of the City. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 28th day of March, 2006, and thereafter passed and adopted at a regular meeting of the City Council held on the 11th day of April, 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez NOES: Council Members Galloway, Chavez ABSENT: None ABSTAIN: None CITY OF ANAHEIM, /s/Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: /s/ Sheryl] Schroeder CITY CLERK OF THE CITY OF ANAHEIM Publish Anaheim Bulletin AD6120 2006 25-328 8005020