ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING DEVELOPMENT AGREEMENT NO.
2020-00004 BY AND BETWEEN THE CITY OF ANAHEIM AND
ANAHEIM REAL ESTATE PARTNERS , LLC , AND
AUTHORIZING THE MAYOR PRO TEM TO EXECUTE SAID
AGREEMENT FOR AND ON BEHALF OF THE CITY
(DEV2020-00125)
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 (herein referred to as 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 Council of the City of Anaheim (herein referred to as the “City Council”), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred to as the “Enabling Ordinance”), making the City subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council adopted Resolution No. 82R -565 on November 23, 1982 (herein referred to as the “Procedures Resolution”), establishing procedures and requirements for consideration of development agreements by the City upon receipt of an application therefor; and
WHEREAS, in accordance with the Statute, the Enabling Ordinance and the Procedures Resolution (herein referred to collectively as the “Development Agreement Law”), the City of Anaheim received a verified petition from Anaheim Real Estate Partners, LLC (the "Developer"), Requesting that the City consider and approve a development agreement (Development Agreement No. 2020-00004), in the form presented at the meeting at which this Ordinance was in troduced and thereafter adopted, to provide for the development of the “Project” described in Development Agreement No. 2020-00004 and certain vested development rights in connection therewith on that certain real propert y generally bounded by State Route 57 (SR -57) to the west, (excluding the parcel at the southwest corner of Katella Avenue and Douglass Road), the Santa Ana River to the east, the confluence of the SR -57 and Santa Ana River to the south, and the Southern California Edison easement to the north in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and more particularly described in Exhibit B attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is located within the Platinum Triangle area, and is currently improved with an approximately 19,000 seat arena known as the “Anaheim Arena” (“Honda Center”), the Anaheim Regional Transportation Intermodal Center (ARTIC), the Arena Corporate Center (ACC), Katella Avenue between SR-57 and the Santa Ana River, Douglass Road north and south of Katella Avenue and Phoenix Club Drive south of Ball Road, and associated surface parking lots; and
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WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 and State Route 57 ("SR -57 Freeway") freeways in the C ity, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and the SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit.
The Platinum Triangle encompasses the Angel Stadium, the Honda Center, the City National Grove of Anaheim, the ARTIC, and surrounding residential and mixed use development, light industrial buildings, industrial parks, distribution facilities, offices, hotels, restaurants, and retail development; and
WHEREAS, Zoning Code Section 18.20.200.020 requires that the City and the Developer to enter into a development agreement for development projects in the Platinum Triangle; and
WHEREAS, Development Agreement No. 2020 -00004 is proposed to provide for the development of the Project , as defined in Development Agreement No. 2020- 00004, and certain vested development rights for the term of the Development Agreement, and in return the developer would extensive public benefits; and
WHEREAS, Development Agreement No. 2020-00004 is proposed in conjunction with a request to construct 1,922,776 square feet (s.f.) of commercial uses including enter tainment and commercial indoor and outdoor recreation venues (including new indoor and outdoor live performance theaters, bars and nightclubs, bowling lanes, dancing venues, an amphitheater and outdoor seasonal events), retail, and restaurant uses including the existing Honda Center; 961,055 s.f. of office uses including the existing Arena Corporate Center; 250,000 s.f. of institutional uses including the existing ARTIC; 1,500 residential dwelling units including 195 affordable dwelling units proposed in connection with a Density Bonus request; parks and open space including a new public park (Meadow Park) and a new privately -owned park, with perpetual public access (Wellness Park); parking areas; pedestrian bridges crossing Katella Avenue and Douglass Road; and, changes to the roadway network (including a new public street between Katella Avenue and Ball Road proposed to be named River Road, the abandonment of Douglass Road between Katella Avenue and Cerritos Avenue and new private streets). To that end, the Owner has requested the following entitlements:
1. To amend the General Plan Land Use, Circulation and Green Elements to change the designation of parcels located north of Katella Avenue from Office -Low (approximately 31 acres) and Open Space (approximately 8 acres) to Mixed -Use Urban Core; modify the total amount of development permitted in the Platinum Triangle to increase the amount of residential development to 17,840 dwelling units, increase the amount of commercial development to 6,195,019 s.f., decrease the amount of office development to 11,659,338 s.f. and decrease the amount of institutional development to 250,000 s.f.; remove a portion of Douglass Road between Katella Avenue and Cerritos Avenue; add a new street named River Road between Katella Avenue and Ball Road (this includes Phoenix Club Drive south of Ball Road which is proposed to be renamed River Road); add a new approximately 4 -acre Public Park (Meadow Park); amend the Bicycle Master Plan to reflect bicycle facility changes as sociated with the proposed removal and addition of streets; and, revise maps, figures, text, and tables throughout the General Plan to reflect these changes ("General Plan Amendment No. 2020-00532"). -3-
2. An amendment to the PTMLUP to rename the ARTIC District to the Transit District; expand the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone by approximately 8 acres, change boundaries of the ARTIC (Transit), Katella Sub-Area D, Office and Arena Districts; modify the permitted amount of development within the PTMU Overlay Zone to up to 17,840 residential dwelling units, 6,195,019 s.f. of commercial development, 11,659,338 s.f. of office development and 250,000 s.f. of institutional development; add a new appendix for the ocVIBE Sign and Identity Program; and, revise figures, text, and tables throughout the PTMLUP associated with this request (“Miscellaneous Case No. 2020-00739”).
3. A Reclassification to reclassify parcels to apply the Platinum Triangle Mixed Use (PTMU) Overlay Zone to the existi ng C-G (General Commercial) Zone on approximately 8 acres, within the proposed Arena District north of Katella Avenue. (“Reclassification No. 2020-00333”).
4. A Zoning Code Amendment to modify Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); Chapter 18.38 (Supplemental Use Regulations); Chapter 18.40 (General Development Standards); Chapter 18.60 (Procedures) and, Chapter
18.62 (Administrative Reviews). The proposed amendments are to amend use classifications, District names, development inten sities, development standards, and procedures to allow development within the Arena and Transit Districts in the Platinum Triangle Mixed Use Overlay Zone ("Zoning Code Amendment No. 2020-00174").
5. A Development Agreement between the City of Anaheim and Ana heim Real Estate Partners, LLC , TS Anaheim, LLC and FCD, LLC , which includes a Master Site Plan (M iscellaneous Case No. 2020- 00751) and a request for Density Bonus and Development Incentives pursuant to Chapter 18.52 (Housing Incentives) of the Anaheim Municipal Code (“Development Agreement No. 2020-00004”).
6. A Final Site Plan which encompasses approximately 10.23 acres north of Katella Avenue in the Arena District, Sub -Area B, to construct two six -level parking structures (Parking Decks B and C) with 4,538 parking spaces and a 12,885 s.f., three-story security hub for police and security office space (“Final Site Plan No. 2020-00004”).
7. A Final Site Plan which encompasses approximately 5.93 acres north of Katella Avenue in the Arena District, Sub -Area B, to construct 221,413 sf of commercial uses including an indoor live performance theater and outdoor entertainment areas; office, retail, and indoor and outdoor restaurant space; a private Urban Park (plaza); and, an outdoor Paseo (pedestrian corridor) adjacent to the Urban Park and Honda Center (“Final Site Plan No. 2020-00005”).
8. A Final Site Plan which encompasses approximately 1.64 acres north of Katella Avenue in the Arena District, Sub -Area C, to construct 33,830 s.f. of commercial uses including a new lobby entrance to the west side of the Honda Center, retail shops, and, restaurants with indoor and outdoor dining areas (“Final Site Plan No. 2020-00006”). -4-
9. A Final Site Plan which encompasses approximately 2.93 acres north of Katella Avenue, east of the Honda Center, and adjacent to the new public road (River Road) in the Arena District, Sub-Area C, to construct a five-level parking structure (Parking Deck D) with 1,190 parking spaces (“Final Site Plan No. 2020-00007”).
10. A Final Site Plan which encompas ses approximately 7.77 acres within the Southern California Edison easement, adjacent to Phoenix Club Drive (to be renamed River Road) in the Arena District, Sub- Area A, to construct a surface parking lot with approximately 938 employee parking spaces (“Final Site Plan No. 2020-00008”).
11. An amendment to the conditional use permit relating to parking and circulation for the Anaheim Regional Transportation Intermodal Center (“ ARTIC”) (Conditional Use Permit No. 2010-05492”).
12. A conditional use permit to permit the following conditionally permitted uses within the Property including Alcoholic Beverage Manufacturing, Alcoholic Beverage Sales -Off-Sale and On -Sale, Bars and Nightclubs, Entertainment Venues, Recreation Commercial -Outdoor and -Indoor, Retail Sa les-Outdoor, and Wine Bar (“Conditional Use Permit”).
13. A minor conditional use permit to permit the ocV IBE Coordinated Sign Program, Murals, and Valet Parking (“Minor Conditional Use Permit”).
14. A tentative tract map which encompasses approximately 70.7 acres north of Katella Avenue in the Arena District, to subdivide existing lots into 16 numbered lots (including two air -space lots) for the purpose of commercial development and seven lettered lots for private streets (Douglass Road, Stanley Cup Way, and Cerritos Avenue) including landscape areas, and to dedicate public streets right-of-way (Katella Avenue and River Road) (“Tentative Tract Map No. 19153”); and
WHEREAS, General Plan Amendment No. 2020- 00532, Miscellaneous Case No. 2020- 00739, Reclassifica tion No. 2020-00333, Zoning Code Amendment No. 2020- 00174, Miscellaneous Case No. 2020-00751, Development Agreement No. 2020-00004, Master Site Plan (Miscellaneous Case No. 2020-00751), Final Site Plan No. 2020-00004, Final Site Plan No. 2020- 00005, Final Site Plan No. 2020-00006, Final Site Plan No. 2020-00007, Final Site Plan No. 2020- 00008, Conditional Use Permit No. 2010-05492, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19153 shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, as set forth in the Master Site Plan, the Proposed Project includes an exchange of land between the City of Anaheim and Anaheim Real Estate Partners, LLC to adjust boundaries and reconfigure parcels to facilitate development pursuant to the Master Site Plan; and
WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as -5-
“CEQA”), the State of Californi a Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedure s, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on August 29, 2022, 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 Chapter 18.60 (Procedures) of the Code, to hear evidence for Addendum No. 11 to Final Subsequent Environmental Impact Report (FSEIR No. 339), Mitigation Monitoring Program No. 106C (MMP 106C) adopted for FSEIR No. 339, and Mitigation Monitoring Plan No. 383 (MMP No. 383), together with the previously approved environmental documents for development in the Platinum Triangle and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, by its adoption of its Resolution N o. PC2022-079, considered and approved by the Planning Commission, the Planning Commission found and recommended that the City Council determine that (i) Addendum No. 11 was prepared for the Proposed Project in compliance with the requirements of the California Environmental Quality Act ( CEQA), the CEQA Guidelines, and the City's CEQA Procedures; (ii) Addendum No. 11 to Final Subsequent Environmental Impact Report (FSEIR No. 339), Mitigation Monitoring Program No. 106C (MMP 106C) adopted for FSEIR No. 339, and Mitigation Monitoring Plan No. 383 (MMP No. 383), together with the previously approved environmental documents for development in the Platinum Triangle is the appropriate environmental documentation for the Proposed Project; (iii) none of the conditions described in Section 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration ha ve occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA for this resolution; and
WHEREAS, after due inspection, investigation and study made by itself, and in its behalf, and after due considera tion of, and based upon, all evidence and reports offered at said hearing relating to Proposed Project , the Planning Commission, adopted Resolution PC2022- 081, recommending that the City Council approve Development Agreement No. 2020- 00004 in the form presented at the meeting, contingent upon and subject to the adoption by the City Council of (1) a resolution approving General Plan Amendment No. 2021- 00532, Tentative Tract Map No. 19153; and, (2) an ordinance approving and adopting Reclassification No. 2020-00333; and,
WHEREAS, upon receipt of the Planning Commission’s recommendation, made by Resolution Nos. PC2022-079 and PC2022-081 and motion, the City Council did fix the 27 th day
of September, 2022, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering evidence for and against the Proposed Project , and did give notice thereof in the manner and as pr ovided by law; and
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WHEREAS, this City Council, after due inspection, investigation and study by itself, and in consideration of Planning Commission Resolution No. PC2022-079, the City Council finds and determines that (i) Addendum No. 11 was prepared for the Proposed Project in compliance with the requirements of the CEQA , the CEQA Guidelines, and the City's CEQA Procedures; (ii) Addendum No. 11 to Final Subsequent Environmental Impact Report (FSEIR No. 339), Mitigation Monitoring Program No. 106C (MMP 106C) adopted for FSEIR No. 339, and Mitigation Monitoring Plan No. 383 (MMP No. 383), together with the previously approved environmental documents for development in the Platinum Triangle is the appropriate environmental documentation for the Proposed Project; (iii) none of the conditions described in Section 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA for this resolution; and
WHEREAS, this City Council, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing, does find and determine that proposed Development Agreement No. 2020-00004, in the form presented at this meeting, meets all of the standards and requirements set forth in Resolution No. 82R-565 (the “Procedures Resolution”), which was adopted by the City Council on November 23, 1982, that is:
1. The proposed Development Agreement No. 2020-00004 is consistent with the General Plan and with the goals, policies, programs, and objectives specified in the General Plan, as the Proposed Project is a mixed -use development with residenti al, commercial (including hotels), office, and entertainment uses. With the proposed General Plan amendment, the General Plan designates the project site for Mixed -Use Urban Core land uses, which provides for mix of residential, commercial, services, hotel , and professional offices uses in a high- quality environment. The Proposed Project also supports the following General Plan goals:
o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs.
o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations.
o Goal 3.2: Maximize development opportunities along transportation routes.
o Goal 5.1: Create and enhance dynamic, identifiable places for the benefit of Anaheim residents, employees, and visitors.
o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development.
o Goal 7.1: Address the jobs-housing relationship by developing housing near job centers and transportation facilities.
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2. The proposed Development Agreement No. 2020- 00004 is compatible with the uses authorized in, and the regulations prescribed for, the zoning di strict(s) applicable to the Property as a mixed-use development is a permitted use within the PTMU Overlay Zone.
3. The proposed Development Agreement No. 2020-00004 is compatible with the orderly development of property in the surrounding area as the P roposed Project consists of a mixed- use development at a density that is consistent with the maximum density allowed for the Project Site and is compatible with the surrounding commercial, light industrial, and residential land uses in the vicinity.
4. The proposed Development Agreement No. 2020-00004 is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim as it provides (i) parks improvements; (ii) affordable housing; (iii) public infrastructure improvements; (iv) De veloper’s agreement to perform ongoing maintenance obligations of public and private facilities; (v) a $5 million Offsite Park Contribution Fee with the proceeds to be used to pay for park improvements in another part of the City; (vi) construction and maintenance of an approximately 4-acre park, Meadow Park and approximately 5-acre Wellness Park; (vii) payment of approximately $80 Million in Development Impact Fees; (viii) generation of economic impact revenues due to the development, construction and operation of the Proposed Project; (ix) maintenance of landscaped areas adjacent to River Road; and, (x) production of both affordable and market rate housing, to assist the City in its efforts to comply with its Regional Housing Needs Assessment allocation.
5. The proposed Development Agreement No. 2020- 00004 constitutes a lawful, present exercise of the City’s police power and authority under, is entered into pursuant to, and is in compliance with the City’s charter powers, the requirements of Section 65867 of California Government Code and the Procedures Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Development Agreement No. 2020-00004 by and between the City of Anaheim an d Anaheim Real Estate Partners, LLC, TS Anaheim, LLC and FCD, LLC, attached hereto as Exhibit C be, and the same is hereby, approved.
SECTION 2.
That the Mayor Pro Tem be, and is hereby, authorized to execute Development Agreement No. 2020-00004 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 27th day of September, 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the ______ day of _______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR PRO TEM OF THE CITY OF
ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
146585.4
EXHIBIT “A”
MAP
I
U-STORE
PUBLIC STORAGE
I
INDUSTRIAL
T (MHP)
SUNKIST GARDENS
MOBILEHOME PARK
I
INDUSTRIAL
I
INDUSTRIAL
I
INDUSTRIAL
I
INDUSTRIAL
I
INDUSTRIAL
I
RELIGIOUS USE
I
INDUSTRIAL
C-G
RELIGIOUS USE C-G
PHOENIX CLUB T
WATER
I
INDUSTRIAL
I
INDUSTRIAL
I
INDUSTRIAL
I
INDUSTRIAL
I
INDUSTRIAL
I (PTMU)
Katella Sub-Area D
AYRES HOTEL
O-H (PTMU)
Office
OFFICES
O-L (PTMU)
Katella Sub-Area C
STADIUM TOWER PLAZA
OFFICE BLDG.
C-G (PTMU)
Katella Sub-Area C
BUSINESS PARK
C-G (PTMU)
Katella Sub-Area C
HOOTER'S
PR (PTMU)
Stadium
ANGEL STADIUM
OF ANAHEIM
PTMU
DEV2020-00125
OC VIBE
57 FREEW
AY
57 FREEW
AY
E KATELLA AVE
S DOUGLASS RD
S SUNKIST ST
E CERRITOS AVE
E CERRITOS AVE
E. KATELLA AVE
S.SUNKIST
ST
57 FW
Y
Project Location: ocV!BE
DEV No. 2020-00125
Subject Property APN: 386-521-14, 386-521-17, 253-631-27, 253-631-29, 253-631-28, 253-521-30,
253-601-04, 253-591-01, 253-521-32,
253-521-34, 386-521-16, 386-521-20,
232-072-09, 232-072-07, 232-071-03,
232-072-06, 375-311-27, 253-521-36,
253-521-35, 253-521-37, 253-521-33,
253-521-31, 253-521-17, 253-601-03,
253-601-02
°
0 250 500
Feet
Aerial Photo:
May 2021
City Boundary
City of Anaheim
Orange
“EXHIBIT B”
LEGAL DESCRIPTION
“EXHIBIT C”
DEVELOPMENT AGREEMENT