6216ORDINANCE NO. 6216
AN ORDINANCE OF THE CITY OF ANAHEIM (i)
APPROVING DEVELOPMENT AGREEMENT NO. 2010 -00005
BY AND BETWEEN THE CITY OF ANAHEIM AND RRM
PROPERTIES, LTD., (ii) MAKING CERTAIN FINDINGS
RELATED THERETO, AND (iii) AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON
BEHALF OF THE CITY.
(DEV2010- 00182)
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 the "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 the "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 the 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 low - medium
density land uses within the approximately 15.7 -acre area that is located immediately east of the
Mountain Park Specific Plan area, and as more particularly described below; and
WHEREAS, on March 30, 2009, the Anaheim City Planning Commission (the
"Planning Commission ") approved (i) Reclassification No 2008 -00221 to reclassify the property
from the RM -3 (Multiple - Family Residential) Zone to the RS -4 (SC) (Single - Family Residential;
Scenic Corridor Overlay) Zone; (ii) Tentative Tract Map No. 17289 and Conditional Use Permit
No. 2008 -05362 to establish a 56 -lot subdivision to permit the construction of 56 single- family
residences, including lettered lots for non - residential purposes (the "Project "); and (iii) certified a
Mitigated Negative Declaration as the appropriate environmental documentation for the
proposed Project (referred to collectively herein as the "Project Actions "); and
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WHEREAS, on or about December 6, 2010, pursuant to the Statute, the Enabling
Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the
"Development Agreement Law "), RRM Properties, Ltd., (hereinafter referred to as the
"Applicant "), submitted an application to the Planning Department for approval of Development
Agreement No. 2010 -00005 (hereinafter the "Application "), which included a proposed
development agreement (hereinafter the "Development Agreement ") to vest certain project
entitlements as approved by the Planning Commission on March 30, 2009; and
WHEREAS, the Development Agreement pertains to approximately 15.7 acres of
real property in the City of Anaheim, owned by the Applicant, as more particularly described in
Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the
"Property "), which is located in the Hill and Canyon area and is classified RS -4 (SC) (Single -
Family Residential; Scenic Corridor Overlay) Zone; and
WHEREAS, the Applicant desires to develop the Property in conjunction with the
Mountain Park development project; a partially gated residential community with a maximum of
2,500 residential units, public facilities, private and public infrastructure improvements, a fire
station, trails, a trail staging area, concession store, public school site, private and public parks,
and open space areas; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on May 9, 2011, at 5:00 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 to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, the Planning Commission, by its Resolution No. PC2011 -037, which
is incorporated herein by this reference, made certain findings that the Applicant has
demonstrated eligibility to enter into Development Agreement No. 2010 -00005 and that the
Development 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 detennine, based upon its independent review and consideration of an Initial Study
conducted pursuant to CEQA for Development Agreement No. 2010 - 00005, and the
requirements of CEQA, that the previously- approved Mitigated Negative Declaration, approved
in conjunction with the Project Actions, is adequate to serve as the required environmental
documentation for the Development Agreement and satisfy all of the requirements of CEQA, and
that no further environmental documentation need be prepared for this Development Agreement;
and
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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 up to 56 single - family
residential dwelling units within a period of not more than twenty (20) years; 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. PC2011 -037, 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 in that it is in
conformance with the General Plan low- medium density residential land use designations and
with the goals, policies and objectives for the Hill and Canyon area as set forth in the General
Plan.
2. That the Project is compatible with the orderly development of property in the
surrounding area, i.e., it is in conformance with and complements the Mountain Park Specific
Plan, and has been coordinated and designed to be compatible with the adjacent existing planned
residential communities.
3. That the 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:
SECTION 1
approved.
That Development Agreement No. 2010 -00005 be, and the same is hereby,
SECTION 2
That the Mayor be, and is hereby, authorized to execute said Development
Agreement for and on behalf of the City.
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THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 7th day of June , 2011, and thereafter
passed and adopted at a regular meeting of said City Council held on the 14th day of
June , 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AN
By:
M YOR OF THE C TY OF ANAHEIM
ATTES :
CITY CLERK OF THE CITY OA ANAHEIM
83262.v1 /MGordon
IN
Exhibit "A"
Legal Description of the Property
That certain real property situated in the City of Anaheim, County of Orange, State
of California, described as follows:
PARCEL 1 OF PARCEL MAP NO. 94 -205, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED IN BOOK 290, PAGES 27 AND 28 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
APN's: 085- 071 -42 & 45
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