ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AND ADOPTING
THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT NO. 2020-00004 BY AND BETWEEN
THE CITY OF ANAHEIM AND ANAHEIM REAL
ESTATE PARTNERS, LLC AND MAKING CERTAIN
FINDINGS RELATED THERETO
(DEV2023-00050)
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, the City Council adopted Ordinance No. 6539 on October 4, 2022, approving Development Agreement No. 2020-00004 by and between the City of Anaheim and Anaheim Real Estate Partners, LLC (“Owner”), to vest certain project entitlements and further address the implementation of the OCVIBE project within the Platinum Triangle Mixed Use Overlay Zone; and
WHEREAS, Development Agreement No. 2020-00004 dated as of October 4, 2022 was recorded in the Official Records of Orange County California on July 27, 2023 as Instrument No. 2023000180674 (the “Development Agreement”). A copy of the Development Agreement is on file in the Office of the City Clerk of the City of Anaheim; and WHEREAS, in accordance with the Statute and the Procedures Resolution (herein referred to collectively as the “Development Agreement Law”), the City Council did receive a verified application from Anaheim Real Estate Partners, LLC for the proposed Amended and Restated Development Agreement No. 2020-00004 and the OCVIBE Master Site Plan Amendment and related land use entitlement amendments (the “Proposed Project”) on that certain real property, 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 - 2 -
north, located in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A 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
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 City, 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, the Property is approximately 100 acres in size. The development standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project. The Property is designated in the Land Use Element of the General Plan for Mixed-Use Urban Core land uses; 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, on September 27, 2022, and October 4, 2022, the City Council approved Addendum No. 11 associated with the OCVIBE Mixed Use Project, including General Plan Amendment No. 2020-00532; Miscellaneous Case No. 2020-00739; Reclassification No. 2020-00333; Zoning Code Amendment No. 2020-00174; Development Agreement No. 2020- 00004 including Master Site Plan (Miscellaneous Case No. 2020-00751), a request for Density Bonus and Development Incentives, and Deviation from Engineering Standard Details; 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 Amendment; Conditional Use Permit; Minor Conditional Use Permit; and Tentative Tract Map No. 19153, including Street Name Change; and
WHEREAS, attached to Amended and Restated Development Agreement No. 2020- 00004 is Exhibit B, Amendment No. 1 to the OCVIBE Master Site Plan (DEV2020-00125), which reflects the demolition of the Arena Corporate Center office buildings and construction of up to 750 additional residential units including affordable units with a density bonus and up to 325,000 square feet (s.f.) of office space; potential removal of the previously-approved pedestrian bridge from Parking Deck C across Douglass Road; removal of the previously-approved Meadow Amphitheater; and dedication of additional public park space area. Collectively, the OCVIBE - 3 -
Master Site Plan (DEV2020-00125) and Amendment No. 1 to the OCVIBE Master Site Plan shall be herein referred to as the “OCVIBE Master Site Plan.” In furtherance of the Amended and Restated Development Agreement No. 2020-00004 and the OCVIBE Master Site Plan, Owner has requested the following land use entitlements, collectively herein referred to as the “Proposed Project”:
1. An amendment to the General Plan Land Use and Green Elements to modify the total amount of development permitted in the Platinum Triangle to increase the amount of residential development to 18,476 dwelling units, decrease the amount of office development to a range of 7,182,427 s.f. to 7,407,427 s.f.; increase the size of the Public Park (Meadow Park) from 4-acres to 4.85-acres; update the Bicycle Master Plan to reflect bicycle facility changes associated with the previously-approved removal and addition of streets; and, revise maps, figures, text, and tables throughout the General Plan to conform to the proposed changes.
2. An amendment to the PTMLUP to modify the permitted amount of development within the Platinum Triangle Mixed Use (PTMU) Overlay Zone to up to 18,476 residential dwelling units, decrease the amount of office development to a range of 7,182,427 s.f. to 7,407,427 s.f.; modify appendices for the OCVIBE Sign and Identity Program and PTMU Overlay Zone District Sub-Area Development Intensities; and, revise figures, text, and tables throughout the PTMLUP to conform to the proposed changes.
3. Amendments to Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) and Chapter 18.38 (Supplemental Use Regulations) of the Anaheim Municipal Code. The proposed amendments would amend definitions, development intensities, development standards, and procedures to regulate development within the PTMU Overlay Zone, including within the Arena and Transit Districts.
4. An amendment to Development Agreement No. 2020-00004 between the City and Owner (the “Amended and Restated Development Agreement”), which removes the previously- approved Meadow Amphitheater; dedicates additional park space in Transit District Sub-Area B in the area of the formerly proposed amphitheater; modifies the request for Density Bonus and Development Incentives pursuant to Chapter 18.52 (Housing Incentives) of the Anaheim Municipal Code; increases the number of allowed residential units and the number of required affordable units; modifies terms related to CFD 08-1 including annexing parcels into CFD 08-1 and providing partial funds for a new fire station and the proposed River Road; and, includes as an attachment, Amendment No. 1 to the OCVIBE Master Site Plan, which is an amendment to Master Site Plan (MIS2020-00751) to amend the boundaries of Arena District Sub-Areas D1 and D2; amend the development intensities associated with residential and office development within Sub-Areas D1 and D2; and provide a process for the potential removal of the previously-approved pedestrian bridge from Parking Deck C across Douglass Road.
5. An amendment to previously approved Conditional Use Permit (DEV2020-00125) to add a banquet facility to the list of conditionally permitted uses within the OCVIBE project, which currently allows Alcoholic Beverage Manufacturing, Alcoholic Beverage Sales – Off-Sale and On-Sale, Bars and Nightclubs, Entertainment Venues, Farmer’s Market, Recreation Commercial-Outdoor and -Indoor, Retail Sales-Outdoor, and Wine Bar. - 4 -
6. A modification to the OCVIBE Coordinated Sign Program and Mural Plan previously approved under minor conditional use permit; and WHEREAS, as set forth in the OCVIBE 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, the Amended and Restated Development Agreement is proposed to provide for development consistent with the OCVIBE Master Site Plan and certain vested development rights for the term of the Amended and Restated Development Agreement, and in return the developer would provide extensive public benefits; and WHEREAS, the Amended and Restated Development Agreement No. 2020-00004 pertains to certain properties within The Platinum Triangle Mixed Use Overlay (PTMU) owned or leased by Anaheim Real Estate Partners, LLC, its successors or assigns, as more particularly described in the Amended and Restated Development Agreement No. 2020-00004 on file with the City of Anaheim Planning and Building Department and incorporated herein by this reference as if set forth in full; and
WHEREAS, the Amended and Restated Development Agreement No. 2020-00004 is proposed to provide for the development of the Project, and certain vested development rights for the term of the Development Agreement, and in return Anaheim Real Estate Partners, LLC would provide specified public benefits; and
WHEREAS, Anaheim Real Estate Partners, LLC has demonstrated that it meets the eligibility requirements of Section 1.3 of the Procedures Resolution to enter into the Amended and Restated Development Agreement No. 2020-00004 by showing the following:
1. That the Project occupies at least fifty acres – The property owned or leased by Anaheim Real Estate Partners, LLC encompasses approximately 94 acres.
2. That upon completion, the Project will result in the construction of at least 250,000 square feet of commercial/office space – The project will result in the construction of over one million square feet of entertainment, retail, restaurant, and hotels.
3. That the Project will be constructed in phases over an anticipated period of not less than 5 years – The OCVIBE Project will be implemented in several phases and is expected to occur over ten years, but in the longest construction scenario would be completed by the following: the first will be completed by 2028; the second by 2033; the third by 2038; and the fourth and fifth (full buildout) is projected to be completed by 2042. It is anticipated that ongoing internal modifications and construction would continue during this time period.
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 California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Project; and
WHEREAS, pursuant to Section 65867 of the Statute and Section 2.1 of the Procedures Resolution, the Planning and Building Director gave public notice of the Planning Commission’s intention to consider a recommendation to the City Council regarding adoption of the Amended and Restated Development Agreement 2020-00004; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 23, 2024, at 5:00 p.m., and 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 and consider evidence and testimony concerning the contents and sufficiency of Addendum No. 13 to the previously-certified Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339) and its Addenda, including Addendum No. 11 and Mitigation Monitoring Plan No. 383 (MMP No. 383); Mitigation Monitoring and Reporting Program No. 106C (MMP No. 106C), and
WHEREAS, by Resolution No. PC2024-028, considered and approved by the Planning Commission, the Planning Commission found and recommends that the City Council determine that (i) Addendum No. 13 was prepared for the Proposed Project in compliance with the requirements of CEQA and the State CEQA Guidelines; (ii) Addendum No. 13 to the previously- certified Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339) and its Addenda, including Addendum No. 11 and Mitigation Monitoring Plan No. 383 (MMP No. 383); Mitigation Monitoring and Reporting Program No. 106C (MMP No. 106C); and other previously- approved environmental documents for development in the Platinum Triangle area are the appropriate environmental documentation for the Proposed Project; (iii) MMP No. 383 remains valid for the OCVIBE mixed use project (DEV2020-00125) inclusive of Amendment No. 1 to the OCVIBE Master Site Plan (DEV2023-00050); (iv) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; and (v) no further documentation is required by CEQA for the Proposed Project.
WHEREAS, upon receipt of said Resolution Nos. PC2024-028 and PC 2024-030, summary of evidence, and report of findings and recommendations of the Planning Commission, the City Council did fix the 29th day of October, 2024, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on the Project, including the Amended and Restated Development Agreement No. 2020-00004, and for the purpose of considering Addendum No. 13 to the previously-certified Final Subsequent Environmental Impact Report No. 339 and the Project, and did give notice thereof in the manner and as provided by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the Project; and
WHEREAS, on October 29, 2024, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive - 6 -
evidence and reports and did consider the Project, including recommendations of the Planning Commission; and
WHEREAS, by Resolution No. 2024-***, considered and approved by the City Council on October 29, 2024 concurrently with but prior in time to consideration of this Ordinance, the City Council found that (i) Addendum No. 13 was prepared for the Proposed Project in compliance with the requirements of CEQA and the State CEQA Guidelines; (ii) Addendum No. 13 to the previously-certified Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339) and its Addenda, including Addendum No. 11 and Mitigation Monitoring Plan No. 383 (MMP No. 383); Mitigation Monitoring and Reporting Program No. 106C (MMP No. 106C); and other previously-approved environmental documents for development in the Platinum Triangle area are the appropriate environmental documentation for the Proposed Project; (iii) MMP No. 383 remains valid for the OCVIBE mixed use project (DEV2020-00125) inclusive of Amendment No. 1 to the OCVIBE Master Site Plan (DEV2023-00050); (iv) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; and (v) no further documentation is required by CEQA for the Proposed Project.
WHEREAS, the City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for the Project, does hereby find and determine that the proposed Amended and Restated Development Agreement No. 2020-00004 meets all of the standards and requirements set forth in the Procedures Resolution, which was adopted by the City Council on November 23, 1982; and
WHEREAS, on the basis of the data and analysis set forth in the staff report and associated documents presented to it, testimony for and against the Project and comments by members of the City Council, and after due consideration, inspection, investigation and study made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing with respect to the request for the Project, the City Council does hereby find and determine that:
1. The proposed Amended and Restated Development Agreement 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 residential, commercial (including hotels), office, and entertainment uses. The General Plan designates the project site for Mixed-Use Urban Core land uses, which provides for a 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. - 7 -
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.
2. The proposed Amended and Restated Development Agreement No. 2020-00004 is compatible with the uses authorized in, and the regulations prescribed for, the zoning district(s) applicable to the Property as a mixed-use development within the PTMU Overlay Zone.
3. The proposed Amended and Restated Development Agreement No. 2020-00004 is compatible with the orderly development of property in the surrounding area as the Proposed 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 Amended and Restated 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) Developer’s agreement to perform ongoing maintenance obligations of public and private facilities; (v) a $6,750,000 off-site 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 4.85-acre park, Meadow Park and approximately 4.7-acre Neighborhood Park; (vii) payment of approximately $100 Million in Development Impact Fees; and (viii) generation of economic impact revenues due to the development, construction and operation of the Proposed Project.
5. The proposed Amended and Restated 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; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this ordinance, that the facts stated in this ordinance are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, that negate the findings made in this ordinance.
The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
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SECTION 1.
That Amended and Restated Development Agreement No. 2020-00004 by and between the City of Anaheim and Anaheim Real Estate Partners, LLC, attached hereto as Exhibit B (the “Amended and Restated Development Agreement No. 2020-00004”) be, and the same is hereby, approved.
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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 29th day of October, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the 13th day of November, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT “A”
“PROPERTY”
(DEV2023-00050)
- 11 -
EXHIBIT “B”
Amended and Restated Development Agreement No. 2020-00004 [Behind this sheet.]
(DEV2023-00050)