6074ORDINANCE NO. 6074
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (i) APPROVING DEVELOPMENT
AGREEMENT NO. 2006-00004 BY AND BETWEEN THE
CITY OF ANAHEIM AND AMB PROPERTY, L.P., (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 April 25, 2007, pursuant to the Statute, the Enabling Ordinance,
and the Procedures Resolution (hereinafter collectively referred to as the "Development
Agreement Law"), AMB Property, L.P., (hereinafter "Applicant"), submitted an application to
the Planning Department for approval of Development Agreement No. 2006-00004 (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 Gene Autry Experience Project; and
WHEREAS, the Development Agreement pertains to approximately 17.5 acres of
real property in the City of Anaheim, owned by the Applicant, commonly known as 1969 South
State College Boulevard, 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 within the Industrial (1) zone and the Gene Autry District of the PTMU
Overlay; and
WHEREAS, the Applicant desires to develop the property with a mixed-use
development consisting of up to 1,208 dwelling units, 50,000 square feet of commercial uses and
100,000 square feet of office uses, as more particularly set forth in Exhibit `B" of the
Development Agreement (the "Master Site Plan"), Conditional Use Permit No. 2006-05134, and
Tentative Tract Map No. 17089 (hereinafter collectively referred to as the "Gene Autry
Experience Project")
WHEREAS, in conjunction with the Development Agreement, the Applicant also
requested approval of General Plan Amendment No. 2006-00446, Miscellaneous Case No. 2006-
00162 (Amendment to the Platinum Triangle Master Land Use Plan), Zoning Code Amendment
No. 2007-00054, Conditional Use Permit No. 2006-05134, and Tentative Tract Map No. 17089;
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on July 9, 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 Anaheim City Planning Commission, by its Resolution No.
PC2007-72, which is incorporated herein by this reference, made certain findings that the
Applicant has demonstrated eligibility to enter into Development Agreement No. 2006-00004
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 Development Agreement No. 2006-00004,
by its Resolution, did find and determine, based upon its independent review and consideration
of an Initial Study conducted pursuant to CEQA for said Development Agreement, and the
requirements of CEQA, including Section 21166 of the California Public Resources Code and
Section 15162 of the CEQA Guidelines, and the recommendations of the Anaheim City Planning
Commission and the evidence received at the public hearing, that Final Environmental Impact
Report No. 2006-00335, including the Findings of Fact and Statement of Overriding
Considerations and Mitigation Monitoring Program No. 143 for The Platinum Triangle, are
adequate to serve as the required environmental documentation for Development Agreement No.
2006-00004 and satisfy all of the requirements of CEQA, and that no further environmental
documentation need be prepared said Development Agreement; and
WHEREAS, the Applicant has demonstrated that the Gene Autry Experience
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 a mixed-use development consisting of up to 1,208 dwelling units, 50,000 square
3
feet of commercial uses and 100,000 square feet of office uses within a period of not more than
fifteen (15) years, consisting of one (1) initial five (5) year period and two (2) five (5) year
extension periods that shall be granted pursuant to the attainment of certain milestones contained
in Exhibit "E" of the Development Agreement ("Development Milestones"); 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. PC2007-72, 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. 2006-00446, 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 as amended.
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 the Master Site Plan
and General Plan Amendment No. 2006-00446, Miscellaneous Permit No. 2006-
00162 (Amendment to The Platinum Triangle Master Land Use Plan), Zoning
Code Amendment No. 2007-00054, Conditional Use Permit 2006-05134 and
Tentative Tract Map No. 17089.
3. That the Gene Autry Experience Project is not otherwise detrimental to the health
and safety of the citizens of the City of Anaheim.
4. 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.
5. 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. 2006-00004 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 21St day of August, 2007, and thereafter passed
and adopted at a regular meeting of said City Council held on the I It" day of September, 2007,
by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
66325.v1/MGordon
:1
CITY OF ANAHEIM
By:1. LOOP p-:540,
M OF THE VITY IF ANAHEIM
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 4, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGE 32 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL 4 AS GRANTED TO STATE OF
CALIFORNIA BY DEED RECORDED FEBRUARY 22, 1999 AS INSTRUMENT NO.
19990124177.
APN: 083-290-88
[01
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:
September 20, 2007
"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
October 30, 2007
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
�) ORDINANCE NO. 6074
P. (ii) MAKING CERTAIN FINDINGS RELATED THERETO, AND (iii) AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM i APPROVING DEVELOPMENT AGREEMENT NO. 2006 00004 BY AND BETWEEN THE CITY OF ANAHEIM A
AMB PROPERTY, , ( )
CITY.
h State of California (hereinafter "Statute") authorizes a city o
opment; anci
fEREAS, Article 2.5 of Chapter 4 of Division 1 of Title i (commencing with Section 6h cert in the Government Code oft r
making the
ter into a contract which is called a development Com) a chartersment in dciy, Fieretoer to lfore enacted lord ordinance No. 4377 (hereinaftert"Enabl ng Ordnance") on he construction of a l November 23, 1982, 9
ty subj c the City a Anaheim (hereinafter
h subject to the Statute; and
hie procedures and requirements for consideration of development agreements upon receipt
settingn application forth the City's vision for development of the City of Anaheim ("Gen-
HEREAS, ppursuant to subdivision (c) of Section 6586.5 of the Statute, the City heretofore on November 23, 1982, adopted Resolthe City; and
ution No. 82R-565 (hereinafter the "Procedures Reso-
65
establis 9 P
HEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 20084 00
FEI 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 ac-
al Plan Amendment"), and certified Final Environmental Impact Report No. 330, ado ting Findin sof Fact and a Statement of Overriding Considerations, and associated Mitigation
oni[oring Plans (" R p
)ns; and and the Southern California Edison Company
IHEREAS, limits on the south, the Santa Ana Freeway (Interstate 5) on the west,
the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an a proximately 820 -acre area -
rally bounded by the Santa Ana River on the east, the Anaheim City
asement on the north ("The Platinum Triangle"); and
VHEREAS, in order to carry out the goats and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving
ci-
'he Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and g
NHEREAS, g to reclassify approximately three hundred and
a Zone") and Ordinance No. 5936, amending the zonin map
B.76
the C Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zonin and development standards for the
to further implement the goals and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 1velo of the Anaheim unihe
gal Code, on August 24, 2004, city public
Dlatinum Triangle Mixed -Use (PTMU) Overlay Zone (the "tTfMU Overt y
projects that could be stand-alone projects,nd combined residential and non-residential uses including office, retail, business services, personal services, p
;evenyfive acres within The latinum Triangle into the PTMU Overlay one as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality, well -
or
designed developmentp 1
spaces and uses, and other community amenities within the area,
Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exemptStandard he Code; and
Agreement for the PTMU Overlay Zone; and
WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a Development Agreement between the property owner and the Ciy of Anaheim to implement a eve-
opment in the Katella, approving the form of the
WHEREAS, on August 17, 2004, the city Council adopted Resolution No. 2004-179, n g Miscellaneous ase No. 2004-
WHEREAS
Code Amendment No. 2004-000036,
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report ZonNo.ing
332 (FSEIR No. 332) and the Updated and Modified Mitigation on ne-
ing program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, 9 C
0008910 amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Misce ane-
ous Case meNo. d The 115n rescind, le part, the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134; and
-00004 hereinafter the "Ap-
WHEREAS, on April 25, 2007, p, prepared in conformance with the Standard Development Agreement for
submitted an application to the Planning Department for approval of Development Agreement No. and Development
pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement
Law"), AMB Propery, L.P., (hereinafter "Applicant"),
pand
lication"), which included a proposed development agreement (hereinafter the "Development Agreement" P p Applicant, commonly known as 1969 South State
The Platinum Triangle to vest certain protect entitlements and address the implementation of the Gene Autry Experience
ownledt,by the App i only k is located in The Platinum
WHEREAS, the Development Agreement pertains to approximately 17.5 acres of real Property in the City y Anaheim,
h District of the PTMU Overlay; and
College Boulevard, as more particularly described in Ex ibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Property' ,
Triangle and within the Industrial (1) zone and the Gene Autry to Conditional Use Permit No. commercial
and Tentative
WHEREAS, the Applicant d100,000
as i�feo develop t property
t forth n Exhibit with a ix of the development
consist DevelopmeAgreement (tof he ,Masher Site liPlan' units, 50, do square feet of commercial uses and Tentative
square feet of office uses, p
Tract Map No. 17089 (hereinafter collectively refereed to as the "Gene Autry Experience Project")royal of General Plan Amendment No. 2006-00446, Miscellaneous Case No. 2008-0016
in conjunction with the Development A reement, the Applicant also requested app Conditional Use Permit No. 2006-05134, and Tentative Tract Map No. 17089;
WHEREAS, 1 Zoning Code Amendment No. 2007-00054,
(Amendment to the Platinum Triangle Master Land Use Plan), g 2007, at 2:30 p.m., no
a public hearing at the Civic Center in Code
tice of said ublic hearing having been
and
to hear and consider evidence for an against said Development
WHEREAS, the City Planning Commission did hold the City of Anaheim on July therewith;
duly given as required by law and in accordance with the provisions of the Anaheim Municipal , Chapter 18.60, made certain findings that the Applicant has dem-
Agreement and said Discretionary Actions, and to ion
investigate and make findings and rewh ch es incorporated herein by this reference, in
the Anaheim City Planntn Commission, by its Resolution No. PC2007-72,
WHEREAS, g 4 and that the Agreement meets the criteria set forth in the Procedures Resolution and has recommends to
ment No.
the tr City eligibility
it tto enter said Development DevePmen 9 eemen t be approved; ander
the Cit Council, as lead agency for Development Agreement No. 2006-00004, by its Reso-
WHEREAS, the City Council did hold public hearing upon the Development Agreement, notice of said public hearing having been duly given as required by law; an
WHEREAS, pursuant to the provisions of the California Environmental Qonsuali Act ("CEQA" ), .. Y
JR'onmental documentation for Development Agreement No.
p pp Final Environmental Impact Report No. 2006-00335, including the Findings of Fact and statement of Overriding Con -
din Section 21186 of the Cal'rfomia Public Resources Code and Section 15162 of the CEQA Guidelines, and the recommendations of the Anaheim erre Planning
lotion, did find and determine, based u on its Inde endent review and consideration of an Initial Study conducted pursuant to CEQA for said Development A reement, an a req
merits of CEQA, Inc g
Commission and the evidence received at the public hearin , tha
I of the requirements of CEQA, andgthat no further environmental documentation need be prepared said Development Agreement; an
siderations and Mitigation Monitoring Program No. 143 for The Platinum Triangle, are adequate to serve as the required
is Development
2006.00004 and satisfy
n to enter into th
erience Project meets the eligibility requirements of the ProcedureessResoiond two (2) five (5) year extension
WHEREAS, the Applicant has demonstrated that the Gene Autry Exp consisting
meet Agreement ("Development Milestones"); and
S1
upo feet of office uses within a period of not s re than fifteen
ExhibiieEsof the fisting of (1) initial five (5) y period
Agreement by showing that, upon completion, the Project will result in the construction of a mixed-use development consisting of up to 1,208 dwelling units, 50,0 five
square re o co -
mercial uses and 100,000 q does
ll of
periods that shall be granted pursuant to the attainment of certain m
WHEREAS, offered at said hearing;including the evidence presented at the Planning Commission meeting and Planning Commission Resolution No. PC2007-72,
the C Council of the City of Anaheim, after due inspection, investigation and study made by itself and a its behalf, and after due consideration of and based upon a
the evidence and reports
find upon review of the land use aspects of thevelopment Agreement:
1. That the Project is consistent with the City s General Plan, as amended by General Plan Amendment No. 2006-00446, in that it is in conformance with the General Plan Mixed Use
land use a Project
is and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan as amended.
se Permit 2006-05134 and Tentative Tract Map No. 17089.
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
Code Amendment No. 2007-00054, Conditional U
Zone requirements as set forth in the Master Srte Plan and General Plan Amendment prescribed
2C -05134
the 6, Miscellaneous Permit No. 2006-00162 (Amendment to The Platinum Triangle as-
ter Land Use Plan), Zoning
3. That the Gene Autry Experience Project is not otherwise detrimental to the health and 's policepowerand authority under ity of athe Statute, the Enabling Ordinance and the Procedures
4.That the Development Agreement constitutes a lawful, present exercise of the City's p P
Resolution.
5. That the Development Agronment 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 Resoluta
THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS
NOW, THEREFORE, THE CITY COUNCIL OF
SECTION I. roved.
That Development Agreement No. 2006-00004 be, and the same is hereby, app
SECTION 2.
That the Mayor be, and is hereby, authorized to execute said Development Agreement for and on behalf of the City.
Council held on the 11th day of September, 2007, by the following roll call vote:
THE FOREGOING ORDINANCE was introduced at a regular meetin of the City Council of the City of Anaheim held on the 21st day of August, 2007, and thereafter passed an
adopted at a regular meeting of six City
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Krieg
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By: /s/ CurtPringle
MAYOR OF THE CITY OF ANAHEIM
IATTEST:
/s/Linda Nguyen
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT "A"
IN THE CITY OF
LEGAL DESCRIPTION OF THE PROPERTY RECORDS OF ORANGE COUN-
_...r ,CnQh1IA_ AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
nF nRANGE COUNTY, CALIFORNIA.
o TinN nF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON MAPS, SANTA ___ ORANGE