Resolution-PC 2012-097RESOLUTION NO. PC2012 -097
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY
COUNCIL AMEND TABLE 20 -D (DEVELOPMENT
INTENSITIES: PLATINUM TRIANGLE MIXED USE (PTMU)
OVERLAY ZONE) OF SECTION 18.20.040 (DEVELOPMENT
DISTRICTS) OF CHAPTER 18.20 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE AND MAKING FINDINGS IN
CONNECTION THEREWITH (ZONING CODE AMENDMENT
NO. 2012 - 00107).
(DEV2012- 00059)
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 of
Anaheim, County of Orange, State of California, 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 Anaheim
Amtrak/Metrolink Station, and surrounding residential and mixed use development, light
industrial buildings, industrial parks, distribution facilities, offices, hotels, restaurants, and retail
development; and
WHEREAS, since 1996, the City Council of the City of Anaheim (the "City Council ")
has approved several actions relating to the area encompassed by the Platinum Triangle; and
WHEREAS, on May 30, 1996, the Planning Commission of the City of Anaheim
(hereinafter referred to as the "Planning Commission ") certified Final Environmental Impact
Report No. 320 and adopted Area Development Plan No. 120 for that portion of the Angel
Stadium property associated with the Sportstown Development. Area Development Plan No.
120 entitled a total of 119,543 seats for new and/or renovated stadiums, 750,000 square feet of
urban entertainment/retail uses, a 500 -room hotel (550,000 square feet), a 150,000 - square -foot
exhibition center, 250,000 square feet of office development and 15,570 on -site parking spaces.
The Grove of Anaheim, the renovated Angel Stadium and the Stadium Gateway Office Building
were developed/renovated under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan ( "MLUP "). The boundaries of the MLUP were generally the same as
those for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to
the Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part
of the approval process for the MLUP, the City Council also certified Final Environmental
Impact Report No. 321 and adopted Mitigation Monitoring Program No. 106. Development
within the boundaries of the MLUP was implemented through the Sports Entertainment Overlay
Zone ( "SE Overlay Zone "), which permitted current uses to continue or expand within the
provisions of the existing zoning, while providing those who may want to develop sports,
entertainment, retail, and office uses with standards appropriate to those uses, including
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increased land use intensity. Implementation of the SE Overlay Zone was projected to result in a
net loss of 491,303 square feet of industrial space and increases of 1,871,285 square feet of new
office space, 452,026 square feet of new retail space, and 991,603 square feet of new hotel space.
Projects that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena
Corporate Center, and the Westwood School of Technology; and
WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide
General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle.
The General Plan Update changed the General Plan designations within the project area from
Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed -Use, Office -High,
Office -Low, Industrial, Open Space and Institutional to provide opportunities for existing uses to
transition to mixed -use, residential, office, and commercial uses. The General Plan Update also
established the overall maximum development intensities for the Platinum Triangle, which
permitted up to 9,175 dwelling units, 5,000,000 square feet of office space, 2,044,300 square feet
of commercial uses, industrial development at a maximum floor area ratio (FAR) of 0.50, and
institutional development at a maximum FAR of 3.0. In addition, the square footage /seats
allocated to the existing Honda Center and all of the development intensity entitled by Area
Development Plan No. 120 was incorporated into the Platinum Triangle Mixed -Use land use
designation. Final Environmental Impact Report No. 330, which was prepared for the General
Plan and Zoning Code Update and associated actions, analyzed the above development
intensities on a citywide impact level and adopted mitigation monitoring programs, including an
Updated and Modified Mitigation Monitoring Plan No. 106 for the Platinum Triangle
(collectively referred to herein as "FEIR No. 330 "); and
WHEREAS, in order to provide the implementation tools necessary to realize the City's
new vision for the Platinum Triangle, on August 17, 2004, the City Council replaced the MLUP
with the Platinum Triangle Master Land Use Plan (the "PTMLUP "), replaced the SE Overlay
Zone with the Platinum Triangle Mixed Use Overlay Zone ( "PTMU Overlay Zone "), approved
the form of the Standardized Platinum Triangle Development Agreement, and approved
associated zoning reclassifications. Under these updated zoning regulations, property owners
desiring to develop under the PTMU Overlay Zone provisions were thereafter required to enter
into a standardized Development Agreement with the City of Anaheim; and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent
Environmental Impact Report No. 332, adopting a Statement of Findings of Fact, a Statement of
Overriding Considerations and the updated and modified Mitigation Monitoring Program No.
106A (collectively referred to as " FSEIR No. 332 ") to provide for the implementation of the
Platinum Triangle Master Land Use Plan, and in conjunction with its consideration and approval
of General Plan Amendment No. 2004 - 00420, Miscellaneous Case No. 2005 - 00089, Zoning
Code Amendment No. 2004 -00036 and a series of related actions that, collectively, allowed for
an increase in the allowable development intensities within the Platinum Triangle to 9,500
residential units, 5,000,000 square feet of office uses, and 2,254,400 square feet of commercial
uses; and
WHEREAS, following the certification of FSEIR No. 332, the City Council approved
two addendums to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle
intensity by 67 residential units, 55,550 square feet of office development, and 10,000 square
feet of commercial uses. A project Environmental Impact Report was also approved to increase
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the allowable development intensities by an additional 699 residential units to bring the total
allowable development intensity within the Platinum Triangle to up to 10,266 residential units,
5,055,550 square feet of office uses, and 2,264,400 square feet of commercial uses; and
WHEREAS, on February 13, 2007, the City embarked upon a process to amend the
General Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized
Development Agreement, and related zoning reclassifications to increase the allowable
development intensities within the Platinum Triangle to up to 18,363 residential units, 5,657,847
square feet of commercial uses,16,819,015 square feet of office uses, and 1,500,000 square feet
of institutional uses (the 'Platinum Triangle Expansion Project "); and
WHEREAS, on December 11, 2007, the City Council certified Final Subsequent
Environmental Impact Report No. 334, adopting a Statement of Findings of Fact, a Statement of
Overriding Considerations, and the Updated and Modified Mitigation Monitoring Program No.
106A (collectively referred to as "FSEIR No. 334 ") in conjunction with its consideration and
approval of General Plan Amendment No. 2004 - 00420, Miscellaneous Case No. 2005- 00089,
Zoning Code Amendment No. 2004 - 00036, and a series of other related actions in order to
provide for the implementation of the Platinum Triangle Master Land Use Plan and approval of
the Platinum Triangle Expansion Project; and
WHEREAS, in response to the application of K/L Anaheim Properties I LLC and K/L
Anaheim Properties II LLC (collectively referred to herein as "K/L') for entitlements allowing
for the development of a master planned mixed -use project comprised of, among other uses, a
320 -unit residential condominium project, a 209,419 square foot twelve -story office building,
including a 5,586 square foot full- service restaurant, 4,381 square feet of retail space, and a
104,604 square foot 138 -room hotel (the "Original Project ") on real property consisting of
approximately 7.01 acres commonly known as 905 through 917 East Katella Avenue in the City
of Anaheim (the 'Property "), the City Council determined on June 10, 2008 that FSEIR No. 334,
including Updated and Modified Mitigation Monitoring Plan No. 106B for the PTMLUP and
Mitigation Monitoring Plan No. 153, served as the appropriate environmental documentation for
the Original Project, including Conditional Use Permit No. 2008 -05304 and Development
Agreement No. 2008 -00002 (the 'Development Agreement "); and
WHEREAS, on June 24, 2008, the City Council adopted Ordinance No. 6106 approving
the Development Agreement; and
WHEREAS, subsequent to the approval of Conditional Use Permit No. 2008 -05304 and
the Development Agreement, a lawsuit was filed challenging the adequacy of FSEIR No. 334.
In consideration of the City's exemplary historical record in avoiding litigation under the
California Environmental Quality Act ( "CEQA ") and its commitment to proper environmental
review, the City Council repealed the approval of the Platinum Triangle Expansion Project,
including FSEIR No. 334 and various related actions, and directed staff to prepare a new
Subsequent Environmental Impact Report for the Platinum Triangle Expansion Project; and
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WHEREAS, on October 26, 2010, the City Council approved amendments to the General
Plan ( "General Plan Amendment No. 2008 - 00471 "), the PTMLUP ( "Miscellaneous Case No.
2007 - 00188 "), the PTMU Overlay Zone, and related zoning reclassifications to increase the
allowable development intensities within the PTMU Overlay Zone to up to 18,909 residential
units, 14,340,522 square feet of office uses, 4,909,682 square feet of commercial uses, and
1,500,000 square feet of institutional uses. Before approving said amendments and zoning
reclassifications, the City Council approved and certified the 'Revised Platinum Triangle
Expansion Subsequent Environmental Impact Report No. 339" for the Platinum Triangle
Expansion Project and Updated and Modified Mitigation Monitoring Plan No. 106C
(collectively referred to herein as "FSEIR No. 339 ") ; and
WHEREAS, Addendum No. 1 to FSEIl2 No. 339, dated April 17, 2012 ( "Addendum No.
V), was prepared and considered by the City Council in connection with the Katella Avenue/1 -5
Undercrossing Improvements project because none of the conditions described in Section 15162
of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact
report had occurred; and
WHEREAS, Shopoff Advisors, L.P., a Delaware limited partnership ( "Shopoff "), has
entered into an agreement with K/L to purchase the Property; and
WHEREAS, pursuant to the authority conferred upon Shopoff by K/L and in accordance
with Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal
Code (the "Code "), Shopoff submitted to the City a request to modify the site design and product
type of the Original Project, consisting of an increase in the number of dwelling units from 320
to 399 residential apartment units, a reduction in the amount of office and commercial
development, the addition of a public park (the "Platinum Gateway Project "). To that end,
Shopoff has requested the following entitlements:
(a) that the Development Agreement be amended and restated in the form of the
proposed First Amended and Restated Development Agreement No. 2008 -00002
(Development Agreement No. 2008- 00002D) (the "Amended and Restated
Development Agreement ") presented at the meeting at which this Resolution was
adopted;
(b) that the General Plan be amended to modify "Table LU-4: General Plan
Density Provisions for Specific Areas of the City" to increase the number of
dwelling units and reduce the amount of office and commercial development
allowed within the Mixed -Use land use designation of the Platinum Triangle Area
and to amend various Elements of the General Plan to include the addition of a
public park ( "General Plan Amendment No. 2012- 00486 ");
(c) that the Zoning Code be amended to make the Zoning Code consistent with
General Plan Amendment No. 2012 - 00486, as adopted ( "Zoning Code
Amendment No. 2012 - 00107 ");
(d) that (i) Chapter 1, Table 1- General Plan Development Intensities, (ii) Chapter
1, Figure 3 (General Plan Designations), (iii) Chapter 2, Figure 4 (Platinum
Triangle Urban Design Plan), (iv) Chapter 3, Figure 5 (Mixed Use and Office
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Districts), and (v) Chapter 4, Figure 20 (Landscape Concept Plan) of the Platinum
Triangle Master Land Use Plan be amended (herein referred to interchangeably as
"Miscellaneous Case No. 2012 - 00559" or the "PTMLUP Amendments "); and
(e) that Tentative Tract Map No. 17494 be approved.
WHEREAS, the Amended and Restated Development Agreement, General Plan
Amendment No. 2012 - 00486, Zoning Code Amendment No. 2012 - 00107, Miscellaneous Case
No. 2012 -00559 and Tentative Tract Map No. 17494 shall be referred to herein collectively as
the "Entitlements "; and
WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2012-
00008 ( "Final Site Plan") to provide for the development of the Platinum Gateway Project,
contingent upon the approval of the proposed Entitlements; and
WHEREAS, proposed Zoning Code Amendment No. 2012 -00107 would make the
Zoning Code consistent with General Plan Amendment No. 2012 - 00486, as adopted, by
amending and restating Table 20 -D (Development Intensities:
Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.040 (Development
Districts) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of
the Anaheim Municipal Code; and
WHEREAS, on December 3, 2012, this Planning Commission conducted a public
hearing for the proposed Platinum Gateway Project and the Entitlements at the Civic Center in
the City of Anaheim, notice of said public hearing having been duly given as required by law
and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, and
considered information presented by City staff and evidence for and against the proposed
Platinum Gateway Project and the Entitlements; and
WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to
this Resolution, this Planning Commission has heretofore found and determined and has
recommended that the City Council so find and determine that FSEIR No. 339, together with
Mitigation Monitoring Program No. 307, Addendum No. 1, and a subsequent Addendum to FSEIR
No. 339, which has been prepared in connection with the proposed Platinum Gateway Project
( "Addendum No. 2 "), serve as the appropriate environmental documentation for the proposed
Platinum Gateway Project and the Entitlements and satisfy all of the requirements of CEQA; (ii)
none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent environmental impact report have occurred in connection with the
proposed Platinum Gateway Project and/or the Entitlements; and (iii) no further environmental
documentation needs to be prepared under CEQA for the proposed Platinum Gateway Project
and/or the Entitlements and all other actions authorized by this Resolution; and
WHEREAS, after due consideration, inspection, investigation and study made by itself,
and after due consideration of all evidence and reports offered at said hearing, this Planning
Commission has heretofore adopted its Resolution recommending that the City Council amend
the General Plan by approving and adopting General Plan Amendment No. 2012- 00486; and
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WHEREAS, in order to make the Zoning Code consistent with General Plan Amendment
No. 2012- 00486, as adopted, this Planning Commission desires to recommend that the City
Council approve and adopt proposed Zoning Code Amendment No. 2012 -00107 in the form
attached hereto as Exhibit A .
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby recommend that the City Council approve
and adopt proposed Zoning Code Amendment No. 2012 -00107 in the form attached hereto as
Exhibit A , contingent upon and subject to the approval of General Plan Amendment No. 2012-
00486..
BE IT FURTHER RESOLVED that Shopoff is responsible for paying all charges related
to the processing of this discretionary case application within fifteen (15) days of the issuance of
the final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 3, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures.
CHAIR, ANAHEIM CITY ZrG COMMISSION
ATTEST:
SENIORS CRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Secretary for the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on December 3, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 3` day of December, 2012.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
PROPOSED ORDINANCE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TABLE 20 -D (DEVELOPMENT INTENSITIES:
PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY
ZONE) OF SECTION 18.20.040 (DEVELOPMENT
DISTRICTS) OF CHAPTER 18.20 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS
FOLLOWS:
SECTION 1
That Table 20 -D (DEVELOPMENT INTENSITIES:
PLATINUM TRIANGLE MIXED USE (PTMU); OVERLAY ZONE) of Section 18.20.040
(DEVELOPMENT DISTRICTS) of Chapter 18.20 (PLATINUM TRIANGLE MIXED USE
(PTMU) OVERLAY ZONE) of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended and restated to read as follows:
Table 20 -D
DEVELOPMENT INTENSITIES:
PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
District
Acres
Maximum
Housing Units
Maximum Office
Square Feet
Maximum
Commercial Square
Feet
Maximum
Institutional
Square Feet
Arena
41
425°
100,000
100,000
0
ARTIC
17
520
2,202,803
358,000
1,500,000
Gateway
50
2,949
562,250
64,000
0
Gene Autry
33
2;362
338,200
304,700
0
Katella
141
5,786
1,921,639
694,643
0
Orangewood
35
1,771
1,402,855
130,000
0
Stadium
153
5,175
3,125,000
3,120,368
0
Total Mixed
Use
470
18,988
9,652,747
4,795,111
1,500,000
Office
121
0
4.478,356
0
0
Total PTMU
Overlay
591
18,988
14,131,103
4,795,111
1,500,000
SECTION 2 . SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for
any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of
the City Council that it would have adopted all other portions of this ordinance independent of
the elimination herefrom of any such portion as may be declared invalid.
SECTION 3 . SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the rel
City shall in any manner affect the prosecution for violations
were committed prior to the effective date hereof, nor be consti
penalty or the penal provisions applicable to any violation
ordinance, insofar as they are substantially the same as ordinar
by the City relating to the same subject matter'=; shall be
continuations, and not as new enactments.
al of any other ordinance of this
of ordinances which violations
ed as a waiver of any license or
ereof. The provisions of this
s previously adopted
as restatements and
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the day-of 2012, and
thereafter passed and adopted at a regular meeting of said City Council held on the _ day of
, 201_, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN::
M
ATTEST:
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
92509.2