Resolution-PC 2012-098RESOLUTION NO. PC2012 -098
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY
COUNCIL AMEND THE PLATINUM TRIANGLE MASTER
LAND USE PLAN AND MAKING FINDINGS IN CONNECTION
THEREWITH (MISCELLANEOUS CASE NO. 2012-00559).
(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 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
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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 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
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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 11 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
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
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WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 17, 2012 ( "Addendum No.
I"), was prepared and considered by the City Council in connection with the Katella Avenue /I -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 2,
Figure 4 (Platinum Triangle Urban Design Plan), (iii) Chapter 3, Table 3 (General
Plan Designations), (iv) Chapter 4, Figure 20 (Landscape Concept Plan) and (v)
Appendix G, PTMU Overlay Zone District Sub -Area Development Intensity Maps,
Katella District Sub -Area A Map 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.
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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, the proposed PTMLUP Amendments propose to amend (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 Districts), and (v) Chapter 4, Figure 20 (Landscape Concept Plan) of the Platinum
Triangle Master Land Use Plan, as shown in Exhibit A attached to this Resolution and incorporated
herein by this reference; 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, this Planning Commission, after due consideration, inspection, investigation
and study made by itself, and after due consideration of all evidence and reports offered at said
hearing, does hereby find and determine as follows:
1. That the proposed PTMLUP Amendments are consistent with the goals and policies
established for the development of the Platinum Triangle as set forth in the City of Anaheim
General Plan.
2. That the proposed PTMLUP Amendments are consistent with the goals and policies
established for the PTMLUP.
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3. That the proposed PTMLUP Amendments will result in development of desirable
character that will be compatible with existing and proposed development in the surrounding area.
4. That the proposed PTMLUP Amendments respect environmental, aesthetic and
historic resources consistent with economic realities.
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 the proposed PTMLUP Amendments (i.e., Miscellaneous Case No. 2012 - 00559) in the form
attached hereto as Exhibit A .
BE IT FURTHER RESOLVED that the proposed PTMLUP Amendments (i.e.,
Miscellaneous Case No. 2012 - 00559) are granted contingent upon the approval of the other
Entitlements, specifically, the First Amended and Restated Development Agreement No. 2008-
00002 (Development Agreement No. 2008- 00002D), General Plan Amendment No. 2012- 00486,
Zoning Code Amendment No. 2012- 00107, and Tentative Tract Map No. 17494, now pending.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon compliance with each and
all of the conditions set forth in the resolution of this Planning Commission adopted substantially
concurrently with this Resolution relating to the proposed Amended and Restated Development
Agreement. Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
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 PL INNING COMMISSION
ATTEST: J\
SENIOR SEeRETARY, 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
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"
PTMLUP Amendment
Chapter 1
Table 1- General Plan Development Intensities
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Table 1:
General Plan Development Intensities
Land Use Designation
Maximum
Amount of
Development Permitted
Mixed -Use
• Residential
18,988
Dwelling Units
• Commercial
4,795,111
Square Feet
• Office
9,652,747
Square Feet
• Institutional
1,500,000
Square Feel
Office -High and Office -Low
4,478,356
Square Feet'
Institutional
3.0
Floor Area Ratio
(FAR)
Industrial
0.5
FAR
Open Space
0.1
FAR
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EXHIBIT "B"
PTMLUP Amendment
Chapter 3
Table 3 - General Plan Designations
PTMU Overlay Zone Development Intensities*
District
Acres
Housing
Units
Office
Square Feet
Commercial
Square Feet
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
1,921,666
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
1 0
0
Total PTMU Overlay Zone
591
1 18,988
14,131,103
795,111
1,500,000
*Development intensities are further described in Appendix G.
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EXHIBIT "C"
PTMLUP Amendment
Chapter 2
Figure 4 - Platinum Triangle Urban Design Plan
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Figure 4: The Platinum Triangle Urban Design Plan
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LEGEND
Mixed Use General Plan Designation
Approved Mini-Park Location
The Platinum Triangle
Potential Mini -Park Location
•••••
Conceptual Connector Street Location
Lewis Street Realignment
Potential City Park Location
® Conceptual
Street Location
(Required Ground Floor Commercial)
Existing Amtrak /Metrolink Station Location
Required Ground Floor Commercial
O
Potential Signalized Intersection
Conceptual ARTIC Station Location
L andmark
1 L
Architecture
Figure 4: The Platinum Triangle Urban Design Plan
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EXHIBIT "D"
PTMLUP Amendment
Chapter 4
Figure 20 - Landscape Concept Plan
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Figure 20: Landscape Concept Plan
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LEGEND
Date Palm
Mixed Use General Plan Designation
Approved Mini -Park Location
Mexican Fan Palm
�
""
The Platinum Triangle
�
Potential Mini -Park Location
•••••
Conceptual Connector Street Location stn
Green Canopy Tree
(Variety of Tree Species Permitted)
Potential City Park Location
Flowering Canopy Tree
- - --
Lewis Street Realignment LN
®
Conceptual Market Street Location v
Existing Amtrak /Metrolink Station Loc
Citrus Tree
(Required Ground Floor Commercial)
IIIIIIIIIIIIII111l
Required Ground Floor Commercial
Conceptual ARTIC Station Location
O
Potential Signalized Intersection
Figure 20: Landscape Concept Plan
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EXHIBIT "E"
PTMLUP Amendment
APPENDIX G
PTMU Overlay Zone District Sub -Area Development Intensity Maps
Katella District
Sub -Area A Map
M nI G I1� M In InI �y M /� 'n1
��1 j T F le a II � H UY1 11VI1 V R� A I Q L E CITY OF ANAHEIM
Plenn
Nil lnp al3
City of Anaheim, CA '.o @Mn.r. 7,2012
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