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: JULY 16, 2024
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: ANNUAL REVIEW OF DEVELOPMENT AGREEMENT
NO. 2020-00004 FOR THE ocV!BE PROJECT
ATTACHMENT (Y/N): YES ITEM # 05
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion, determine on the basis of the evidence submitted by Anaheim Real Estate Partners, LLC, TS Anaheim, LLC, and FCD, LLC (Property Owners), that the Property Owners have complied in good faith with the terms and conditions of Development Agreement No. 2020-00004 for the 2023-2024 review period for the ocV!BE 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 2022, the City of Anaheim and the Property Owners executed a Development Agreement to govern development of the ocV!BE project. The Development Agreement was subsequently recorded in the office of the County Recorder on July 27, 2023. The City is required annually to review the extent of good faith compliance by the Property Owners from the date of recordation with the office of the County Recorder. This is the first annual review.
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 ocV!BE project includes over 3.1 million square feet of commercial, office, and institutional uses, 1,500 residential units (including a minimum of 195 affordable units), public and private parks, and a network of public and private streets. This project is generally bounded by State Route 57 (SR-57) to the west, the Santa Ana Annual Review of Development Agreement No. 2020-00004 For the ocV!BE Project July 16, 2024
River and City of Orange to the east, the confluence of the SR-57 and Santa Ana River to the south, and the Southern California Edison easement area to the north.
The following milestones have been completed as of July 2024:
Final Map and Subdivision Agreement have been recorded. Bonds have been posted for all improvements associated with the Final Map. Construction has commenced on the following roadway infrastructure:
o Katella Avenue (Douglass to River Road)
o River Road (Katella to Stanley Cup Way)
o Stanley Cup Way (River Road to Douglass)
o Douglass (Stanley Cup Way to Cerritos)
Building permits have been issued and construction has commenced on the following site improvements:
o Parking Structure Deck B (2,968 parking spaces)
o Parking Structure Deck C (1,566 parking spaces)
o Security Hub (12,500 square foot security building)
o Market Hall (260,000 square foot office and commercial building) Grading has commenced on Parking Structure Deck D (1,791 parking spaces).
Construction plans have been submitted and are currently under review.
The Property Owners have submitted the attached letter (Attachment No. 1), dated June 10, 2024, requesting a determination of good faith compliance with the Development Agreement.
The letter outlines each obligation, including timelines for performance and current status. Staff confirmed that the Property Owners have complied in good faith with the terms and conditions of the Development Agreement and continue to make progress towards completion of the future terms of the Development Agreement. Therefore, staff recommends that the City Council determine that the Property Owners have complied in good faith with the terms and conditions of the Development Agreement for this review period.
An application was submitted by the Property Owners in October of 2023 to modify future phases of the ocV!BE Master Site Plan (Amendment No. 1). The requested modification proposes removal of the existing Arena Corporate Center, construction of new residential units and office space, removal of the pedestrian bridge from Parking Deck C, removal of Meadow Amphitheater, and dedication of additional park space. Amendment No. 1 is currently under review by staff, with public hearings expected before the Planning Commission and City Council later this year.
IMPACT ON BUDGET:
There is no budgetary impact. The Property Owners have paid the cost of this annual review.
Annual Review of Development Agreement No. 2020-00004 For the ocV!BE Project July 16, 2024
Respectfully submitted,
Ted White
Deputy City Manager / Director of Planning and Building Attachments:
1. Annual Review Letter
2. Vicinity Map
3. Development Agreement No. 2020-00004