200 S. Anaheim Blvd.
Suite 162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 1, 2022
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: ANNUAL REVIEW OF AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 2005-00008
FOR THE A-TOWN PROJECT
ATTACHMENT (Y/N): YES ITEM # 07
RECOMMENDATION:
That the City Council, by Motion, determine on the basis of the evidence submitted by PT Metro, LLC, that the property owner has complied in good faith with the terms and conditions of Amended and Restated Development Agreement No. 2005- 00008 for the 2022 review period for the A-Town mixed-use project located in the Platinum Triangle.
DISCUSSION:
A Development Agreement is a contract between the City and property owner that provides certainty to the property owner that the approved project will be exempt from future changes to zoning laws and requires the property owner to provide benefits to the City in exchange for that certainty. In October 2005, the City of Anaheim and Lennar Platinum Triangle, LLC executed a Development Agreement to govern development of the A-Town Metro project. This project included 2,681 residential units, 150,000 square feet of commercial area, and two public parks on a
41.4-acre site located at 1404 East Katella Avenue.
In December 2009, Lennar Platinum Triangle, LLC amended the Development Agreement to reflect the transfer of ownership of the property to Platinum Triangle Partners, LLC and to extend the initial term of the Development Agreement from five years to ten years. Subsequently, Platinum Triangle Partners, LLC conveyed and transferred the property to PT Metro, LLC.
In October 2015, the City Council approved an Amended and Restated Development Agreement in conjunction with a request to revise the size of the A-Town Metro project. This revision allowed the development of between 1,400 and 1,746 residential units, a range of commercial area between 38,000 and 50,000 square feet, and a revision to the size and locations of the public parks.
A-Town Metro Development Agreement (Annual Review)
November 1, 2022
In May 2018, the City Council approved the first amendment to the Amended and Restated Development Agreement. The applicant requested this amendment to modify certain performance milestones within the incremental periods that comprise the overall term of the Development Agreement. The changes to the term milestones did not change the overall term of the Development Agreement but provided additional flexibility for the benefit of the City and applicant.
The public benefits provided by the Development Agreement include the property owner constructing and maintaining two public parks within the A-Town project that the property owner will dedicate to the city. The public benefits also include the accelerated construction of on-site and area-wide public improvements in the Platinum Triangle.
Pursuant to the Development Agreement, the City Council is required to determine annually if the property owner has complied in good faith with the terms and conditions of the Development Agreement. Demonstration of good faith compliance includes conformance with all terms and schedules set forth in the Development Agreement. If the Council finds that the property owner has demonstrated good faith compliance, the review for that period is complete. The next milestone in the Development Agreement requires completion of an additional 150 residential units (550 total residential units completed) within 7.5 years from the anniversary of the agreement approved in 2015.
The following milestones in the Development Agreement were completed by October 20, 2022, the seventh anniversary of the Development Agreement approved in 2015. Dedication of ultimate right-of-way for Gene Autry Way, Market Street, and internal connector streets
Completion of all Phase 1 and Phase 2 Public Facilities/Infrastructure Completion of the Aloe Greens Public Park
A full Final Site Plan for 150 residential units
Completion of 595 residential units
The Public Works and Public Utilities Departments have confirmed that the property owner has completed all the required milestones associated with streets, public facilities, and infrastructure. In addition, the property owner has completed and dedicated to the City the 1.2-acre Aloe Greens Park. This is a public park owned by the City and maintained by the A-Town Master Homeowners Association. Final Site Plans for Development Area B (270 units and 21,669 square feet of ground floor commercial space), Development Area E (257 units), and Development Area F (73 units) were approved by the Planning Commission in 2022. Completion of these milestones granted a 2.5-year time extension of the Development Agreement to October 20, 2025.
The property owner has submitted the attached letter (Attachment No. 1), dated October 10, 2022, requesting a determination of good faith compliance with the A-Town Metro Development Agreement (Annual Review)
November 1, 2022
Development Agreement. Staff confirmed that the property owner has completed all the milestones required for the second term of the Development Agreement.
Therefore, staff recommends that the City Council determine that the property owner has complied in good faith with the terms and conditions of the Development Agreement for this review period.
IMPACT ON BUDGET:
There is no budgetary impact. The property owner has paid the cost of this annual review.
Respectfully submitted,
Ted White
Planning and Building Director
Attachments:
1. Annual Review Letter
2. Vicinity Map
3. Amended and Restated Development Agreement & First Amendment