6063ORDINANCE NO. 6063
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (i) APPROVING DEVELOPMENT
AGREEMENT NO. 2006-00003 BY AND BETWEEN THE
CITY OF ANAHEIM AND ORANGEWOOD PLATINUM
INVESTORS, LLC (ii) MAKING CERTAIN FINDINGS
RELATED THERETO, AND (iii) AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT FOR AND
ON BEHALF OF THE CITY.
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with
Section 65864) 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 the "Procedures
Resolution") establishing procedures and requirements for consideration of development
agreements upon receipt of an application by the City; and
WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of
Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No.
330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated
Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and
approval of the General Plan Amendment, amendment of the City's zoning code, and a series of
related actions; and
WHEREAS, the General Plan sets forth a vision for development of Mixed Uses,
Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre
area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south,
the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company
Easement on the north ("The Platinum Triangle"); and
WHEREAS, in order to carry out the goals and policies of the General Plan for
The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177,
approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The
Platinum Triangle; and
WHEREAS, to further implement the goals and policies of the General Plan for
The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim
Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending
Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the
Platinum Triangle Mixed -Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and
Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and
seventy-five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in The
Platinum Triangle Master Land Use Plan to provide opportunities for high quality, well-designed
development projects that could be stand-alone projects, or combined residential and non-
residential uses including office, retail, business services, personal services, public spaces and
uses, and other community amenities within the area; and
WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a
Development Agreement between the property owner and the City of Anaheim to implement all
development in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone,
except as otherwise exempt under the Code; and
WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004-
179, approving the form of the Standard Development Agreement for the PTMU Overlay Zone;
and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent
Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified
Mitigation Monitoring Program No. 106A in connection with its consideration of General Plan
Amendment No. 2004-00420, Zoning Code Amendment No. 2004-000036, Miscellaneous Case
No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case
No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement,
Miscellaneous Case No. 2005-00115 to rescind, in part, the Resolution of Intent pertaining to
reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134;
and
WHEREAS, on March 3, 2007, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development
Agreement Law"), Orangewood Platinum Investors, LLC, (hereinafter "Applicant"), submitted
an application to the Planning Department for approval of Development Agreement No. 2006-
00003 (hereinafter the "Application"), which included a proposed development agreement
(hereinafter the "Development Agreement") prepared in conformance with the Standard
Development Agreement for The Platinum Triangle to vest certain project entitlements and
address the implementation of the Orangewood Condominiums Project; and
WHEREAS, the Development Agreement pertains to approximately 3.81 acres of
real property in the City of Anaheim, owned by the Applicant, commonly known as 2211 East
Orangewood Avenue, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (hereinafter the "Property"), which is located in The
Platinum Triangle and zoned PTMU Overlay (Gateway District); and
WHEREAS, the Applicant desires to develop the Property in accordance with the
provisions of the Development Agreement by developing a 341 -unit residential condominium
project, as more particularly set forth in Final Site Plan No. 2006-00008, Conditional Use Permit
2
No. 2005-05138, and Tentative Tract Map No. 16908 (hereinafter collectively referred to as the
"Orangewood Condominiums Project"); and
WHEREAS, on April 23, 2007, the Planning Director approved Final Site Plan
No. 2006-00008 to provide for the development of the Orangewood Condominiums Project,
contingent upon the approval of General Plan Amendment No. 2006-00449, Amendment to the
Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2007-00187), Zoning Code
Amendment No. 2007-00057, Conditional Use Permit No. 2006-05138, Tentative Tract Map No.
TTM 16908 (hereinafter referred to collectively as the "Discretionary Actions") and
Development Agreement No. 2006-00003; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 30, 2007, 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 Development
Agreement and said Discretionary Actions, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the City Planning Commission, by its Resolution No. PC2007-43,
which is incorporated herein by this reference, made certain findings that the Applicant has
demonstrated eligibility to enter into Development Agreement No. 2006-00003 and that the
Agreement meets the criteria set forth in the Procedures Resolution and has recommended to the
City Council that said Development Agreement be approved; and
WHEREAS, the City Council did hold a public hearing upon 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 the Development Agreement, by motion, did
find and determine, based upon its independent review and consideration of an Initial
Study/Addendum conducted pursuant to CEQA for Development Agreement No. 2006-00003
and said Discretionary Actions, 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 previously -certified FSEIR No. 332 together with its Second
Addendum and Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No.
136 are adequate to serve as the required environmental documentation for the Development
Agreement and said Discretionary Actions and satisfy all of the requirements of CEQA, and that
no further environmental documentation need be prepared for this Development Agreement or
said Discretionary Actions.
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility
requirements of the Procedures Resolution to enter into the Development Agreement by showing
that, upon completion, the Project will result in the construction of 341 dwelling units within a
period of not more than five (5) years; and
3
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. PC2007-39, does
find upon review of the land use aspects of the Development Agreement:
1. That the Project is consistent with the City's General Plan, as amended by
General Plan Amendment No. 2006-00449, 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 the Project 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.
2006-00008, which has been approved by the Planning Director, and Conditional
Use Permit No. 2006-00449 and Tentative Tract Map No. 16908, which were
approved by the City Planning Commission on April 30, 2007.
3. That the Project 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, as
proposed for amendment per Amendment to the Platinum Triangle Master Land
Use Plan (Miscellaneous Case No. 2007-00187) and Zoning Code Amendment
No. 2007-00057.
4. That the Project is not otherwise detrimental to the health and safety of the
citizens of the City of Anaheim.
5. That 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 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:
approved.
SECTION 1.
That Development Agreement No. 2006-00003 be, and the same is hereby,
4
SECTION 2.
That the Mayor be, and is hereby, authorized to execute said Development
Agreement 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 51h day of ,j„n'a , 2007, and
thereafter passed and adopted at a regular meeting of said City Council held on the 19thday of
June , 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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CITY CLERK OF THE CITY IM
65564.v1 /MGordon
61
CITY OF AHEIM
By: A,
MAYOR Of THE CWY ANAHEIM
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
The easterly 272.67 feet of the westerly 1304.60 feet of the south 667.79 feet of Lot 3 of Tract No. 71, in
the city of Anaheim, County of Orange, state of California, as per map recorded in book 10, page 22 of
Parcel Maps, in the Office of the County Recorder of Orange County, California.
APN: 083-270-48
A
JUN -22-2007 10:57 OCR 714
ATTN: Ann Edmond 714)765-4105
Pub Dates: 028/07 gross $59.94 3x341ineage
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6063
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHI?IM (i) APPROVING DEVELOPMENT
AGREE MENT NO. 2006-00003 BY AND BETWEEN THE CITY
OF ANAHEIM AND ORANGEWOOD PLATINUM
INVES"ORS, LLC (ii) MAKING CERTAIN FINDINGS
RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT FOR AND ON
BEHAI F OF THE CITY.
This ordinana -. approves Development Agreement No. 2006-00003 by and
between the C ity of Anaheim and Orangewood Platinum Investors LLC to
provide for th.; development of a 341 -unit residential condominium project,
as more part cularly set forth in Final Site Plan No. 2006-00008, on
approximately 3.81 acres of real property in the City of Anaheim, commonly
known as 221:. East Orangewood Avenue.
I, Linda Nguyen, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is a summary of Ordinance No. 6063 which ordinance was
introduced ata regular meeting of the City Council of the City of Anaheim
on the 5th day of June, 2007 and was duly passed and adopted at a regular
meeting of said Council on the 19th day of June, 2007 by the following roll
call vote of the members thereof:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu,
Galloway, Kri ag
NOES: NONE
ABSENT: NONE
The above summary is a brief description of the subject matter contained in
the text of Orc inane No. 6063, which has been prepared pursuant to Section
512 of the Ch inter of the City of Anaheim. This summary does not include
JUN -22-2007 10:57 OCR
7147963692 P.02
or describe ev .-ry provision of the ordinance and should not be relied on as a
substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office
of the City Clark, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday
through Friday. There is no charge for the copy.
Anaheim Bull ;tin 25-482) 8394680 1
TOTAL P.02