PC 2005/08/22Anaheim Planning
Commission Agenda
Monday, August 22, 2005
Council Chamber, City Hall
200 South Anaheim Boulevard. Anaheim. California
Chairman: Gail Eastman
Chairman Pro - Tempore: Cecilia Flores
Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez,
Panky Romero, Pat Velasquez
. Call To Order
Preliminary Plan Review 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the August 22, 2005 agenda
Recess To Afternoon Public Hearing Session
• Reconvene To Public Hearing 2:30 P.M.
For record keeping purposes, if you wish to make a statement regarding any
item on the agenda, please complete a speaker card in advance and submit it to
the secretary.
. Pledge Of Allegiance
. Public Comments
. Consent Calendar
. Public Hearing Items
. Adjournment
You may leave a message for the Planning Commission using the following
e -mail address: plan ningcommission (caanaheim.net
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Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed and /or removed from the Consent
Calendar for separate action.
Reports and Recommendations
1A.(a) Environmental Impact Report No. 189 — Addendum to Koll
Anaheim Center (Previously - Certified)
(b) Final Plan Review No. 2005.00009 - Request for Review and
Approval of Final Plans for Construction of a Planned Mixed Use
Development on Parcels Al — A3, B, and D within the Downtown
Mixed Use Overlay Zone
(c) Review and Recommendation of Final Plans for Parcels A1-3, B,
and D
City Initiated: Anaheim Redevelopment Agency, Elisa Stipkovich,
201 South Anaheim Boulevard, Anaheim, CA 92805
Location: Downtown Anaheim: Properties are located east of
Harbor Boulevard, south of Lincoln Avenue, west of
Anaheim Boulevard and north of Broadway.
Project Planner:
Requests review and recommendation to the Anaheim (dsee @anaheim.net)
Redevelopment Agency of final building colors and materials for the
construction of a new Planned Mixed Use Development (Parcels Al — Q S. 83
A3, B and D) in Downtown Anaheim.
1B. Receiving and approving the Minutes from the Planning Commission Request for
Meeting of July 25, 2005 (Motion) continuance to
September 7, 2005
7C. Receiving and approving the Minutes from the Planning Commission Request for
Meeting of July 27, 2005 (Motion) continuance to
September 7, 2005
7D. Receiving and approving the Minutes from the Planning Commission Request for
Meeting of August 8, 2005 continuance to
September 7, 2005
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2a. CEQA Categorical Exemption - Class 7
2b. Conditional Use Permit No. 2004 -04852 (READVERTISED)
(Tracking No. CUP2005- 05003)
2c. Determination Of Public Convenience Or Necessity No. 2005 -00021
Request for
continuance to
September 7, 2005
Owner: Cedar Mountain, LLC, 110 East Walnut Avenue, Fullerton,
CA 92835
Agent: Leon Alexander, Briggs and Alexander, 558 South Harbor
Boulevard, Anaheim, CA 92805
Location: 2916 West Lincoln Avenue. Property is approximately
0.7 -acre, having a frontage of 89 feet on the south side of
Lincoln Avenue and is located 315 feet east of the
centerline of Laxore Street (El Calor Nightclub).
Conditional Use Permit No. 2004 -04852 - Request for reinstatement of
this permit by the modification or deletion of a condition of approval
pertaining to a time limitation (approved on July 26, 2004 to expire July
26, 2005) ), hours of operation and the outdoor patio for a previously -
approved nightclub.
Determination of Public Convenience or Necessity No. 2005 -00021 -
To permit sales of alcoholic beverages for on- premises consumption
within a previously- approved nightclub.
Continued from the August 8, 2005 Planning Commission meeting.
Conditional Use Permit Resolution No.
Project Planner:
(avazquez @anaheim.net)
Determination of Public Convenience or Necessity
Resolution No.
Q.S. 13
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3a. SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332
AND UPDATED AND MODIFIED MITIGATION MONITORING
PROGRAM NO. 106A
3b. GENERAL PLAN AMENDMENT NO. 2004 -00420
(TRACKING NO. GPA 2005- 00432)
3c. AMENDMENT TO THE PLATINUM TRIANGLE
MASTER LAND USE PLAN
(MISCELLANEOUS CASE NO. 2004 - 00089)
3d. ZONING CODE AMENDMENT NO. 2004 -00036
3e. AMENDMENT TO THE PLATINUM TRIANGLE
STANDARDIZED DEVELOPMENT AGREEMENT
(MISCELLANEOUS CASE NO. 2005- 00114)
3f. RESCISSION IN -PART OF THE RESOLUTION OF
INTENT PERTAINING TO THE RECLASSIFICATION
OF THE NORTH NET FIRE TRAINING CENTER
(MISCELLANEOUS CASE NO. 2005- 00115)
3g. RECLASSIFICATION NO. 2004 -00134
3h. REQUEST FOR CITY COUNCIL REVIEW OF ITEM NO. G
Agent: City Initiated, Planning Department, 200 South Anaheim
Boulevard, Suite 162, Anaheim, CA 92805
Location: The Platinum Triangle. The "Project Area" encompasses
approximately 820 acres located at the confluence of the
Interstate 5 Freeway and the SR -57 Freeway, in the City of
Anaheim in Orange County, California. The Project Area is
located generally east of the Interstate 5 Freeway, west of
the Santa Ana River channel and SR -57 Freeway, south of
the Southern California Edison easement, and north of the
Anaheim City limit.
Certification Of Subsequent Environmental Impact Report No. 332 And
Updated And Modified Mitigation Monitoring Program No. 106A — Request
for Planning Commission to recommend to the City Council certification of
Subsequent Environmental Impact Report No. 332, including adoption of a
Statement of Findings of Fact, a Statement of Overriding Considerations and
the Updated and Modified Mitigation Monitoring Program No. 106A for The
Platinum Triangle. SEIR No. 332 has been prepared to serve as the primary
environmental document for subsequent actions within the Project Area related
to the adopted Platinum Triangle Master Land Use Plan, The Platinum Triangle
Mixed -Use (PTMU) Overlay Zone and The Platinum Triangle Standardized
Development Agreement. Implementation is intended to include, but not be
limited to, the approval of subdivision maps, grading permits, street
improvement plans, final site plans, development agreements and other related
actions for properties located within The Platinum Triangle. Future
developments that require additional discretionary review will utilize this
document for CEQA purposes to the extent possible, consistent with Section
15162 of the CEQA Guidelines. This SEIR is also intended to provide the
additional environmental documentation for proposed city- initiated amendments
to the General Plan, The Platinum Triangle Master Land Use Plan, the PTMU
Overlay Zone and the Standardized Platinum Triangle Development Agreement
described below.
General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005- 00432)
— Request for Planning Commission to recommend to the City Council adoption
of an amendment to the City of Anaheim General Plan Land Use and
Circulation Elements to provide for the following:
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Land Use Element: To (A) redesignate a 321 -acre property located at the
southeast corner of Orangewood Avenue and Rampart Street and further
identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center')
from the Office -High to the Mixed -Use land use designation and (B) to provide
for an additional 325 dwelling units and up to 210,100 square feet of additional
commercial square footage in The Platinum Triangle Mixed -Use land use
designation. This amendment would increase the maximum overall residential
density from 9,175 to 9,500 dwelling units and the maximum overall commercial
density from 2,044,300 to 2,254,400 square feet.
Circulation Element: To (A) redesignate a portion of Cerritos Avenue between
State College Boulevard and Douglass Road from a Primary Arterial Highway
(six lanes divided with no parking or four lanes divided with left turn pockets and
two parking lanes with a typical right -of -way width of 106 feet) to a Secondary
Arterial Highway (four undivided lanes with parking on either side with a typical
right -of -way width of 90 feet) to be consistent with the Orange County Master
Plan of Arterial Highways and respective lane configurations; and (B) to provide
for Gene Autry Way between Betmor Lane and State College Boulevard to be
up to 170 feet in width to provide for the construction of the "Grand Parkway"
(this segment of Gene Autry Way is designated as a Primary Arterial with a
current typical width of up to 106 feet).
Amendment to The Platinum Triangle Master Land Use Plan
(Miscellaneous Case No. 2004 - 00089) — Request for Planning Commission to
recommend to the City Council adoption of an amendment to The Platinum
Triangle Master Land Use Plan to incorporate the following: an adjustment to
the boundaries of the mixed -use districts to include the North Net Fire Training
Center in the PTMU Overlay Zone Gateway District and add 325 units to said
district (321 of said units would be designated for the North Net Fire Training
Center); a modification to the PTMU Overlay Zone commercial density to add
210,100 square feet of additional commercial square footage (190,100 square
feet of this square footage would be designated for future required ground floor
commercial uses on Market Street and Gene Autry Way in the Katella and
Gene Autry Districts and 20,000 square feet for other commercial uses in the
Katella District); and, additional technical refinements and clarifications,
including, but not limited to, refinements to street cross - sections and density
descriptions to reflect the above -noted changes.
Zoning Code Amendment No. 2004 -00036 — Request for Planning
Commission to recommend to the City Council adoption of an amendment to
the PTMU Overlay Zone to incorporate the following: an adjustment to the
boundaries of the mixed -use districts to include the North Net Fire Training
Center in the PTMU Overlay Zone Gateway District and add 325 units to said
district (321 of said units would be designated for the North Net Fire Training
Center); a modification to the PTMU Overlay Zone commercial density to add
210,100 square feet of additional commercial square footage (190,100 square
feet of this square footage would be designated for future required ground floor
commercial uses on Market Street and Gene Autry Way in the Katella and
Gene Autry Districts and 20,000 square feet for other commercial uses in the
Katella District); and, additional technical refinements and clarifications,
including, but not limited to, refinements to density descriptions to reflect the
above -noted changes and other City Code requirements (the proposed changes
are set forth in Appendix C to Subsequent EIR No. 332).
Amendment to The Platinum Triangle Standardized Development
Agreement (Miscellaneous Case No. 2005 - 00114) — Request for Planning
Commission to recommend to the City Council adoption of refinements to The
Platinum Triangle Standard Development Agreement to reflect mitigation
measure requirements set forth in the Updated and Modified Mitigation
Monitoring Program No. 106A, editorial refinements and updated fees.
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Miscellaneous Case No. 2005 -00115 — Request for Planning Commission to
rescind in part Resolution No. PC2004 -83 and recommend that the City Council
rescind in part Resolution No. 2004 -180 pertaining to Reclassification No. 2004-
00127 in order to rescind resolutions of intent pertaining to the reclassification of
a 321 -acre property located at the southeast corner of Orangewood Avenue
and Rampart Street and further identified as 2400 East Orangewood Avenue
( "North Net Fire Training Center") from the PR (Public Recreational) Zone to the
O -H (High Intensity Office) Zone.
Reclassification No. 2004 -00134 — Request for Planning Commission to
reclassify a 321 -acre property located at the southeast corner of Orangewood
Avenue and Rampart Street and further identified as 2400 East Orangewood
Avenue ( "North Net Fire Training Center') from the PR (Public Recreational)
Zone to the PR (PTMU) (Public Recreation — Platinum Triangle Mixed -Use
Overlay) Zone.
Continued from the July 25, 2005 Planning Commission meeting.
Environmental Impact Report Resolution No.
General Plan Amendment Resolution No.
Miscellaneous Case No. 2004.00089 Resolution No.
Zoning Code Amendment Resolution No.
Miscellaneous Case No. 2005.00115 Resolution No.
Reclassification Resolution No.
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Project Planner:
(vnorwood@anaheim. net)
(08/22/05)
Page 6
4a. SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332
Request for
continuance to
September 7, 2005
AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 138
4b. GENERAL PLAN AMENDMENT NO. 2006.00434
4c. AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND
USE PLAN MISCELLANEOUS CASE NO. 2005.00111
4d. RESCISSION IN -PART OF THE RESOLUTION OF INTENT
PERTAINING TO THE RECLASSIFICATION OF SITE 2
( MISCELLANEOUS CASE NO. 2005. 00116)
4e. RECLASSIFICATION NO. 2005.00164
4f. ZONING CODE AMENDMENT NO. 2005.00042
4g. CONDITIONAL USE PERMIT NO. 2006.04999
4h. DEVELOPMENT AGREEMENT NO. 2005.00008
Agent: Lennar Platinum Triangle LLC, 25 Enterprise, Aliso Viejo, CA
92656
Location: The Platinum Triangle. The " Lennar Project' encompasses
approximate 41.4 -acre project site is generally located
between Katella Avenue and Gene Autry Way, extending
from State College Boulevard to just west of South Betmor
Lane in an area of the City of Anaheim known as The
Platinum Triangle. The project site is further identified as
Sites 1 and 2 on the map below. Site 1 encompasses 31
acres located at 1200 -1558, 1700, and 1800 East Katella
Avenue; 1301 -1395 and 1551 Gene Autry Way; 1870, 1871,
1880, 1881, 1890, 1891, 1900, and 1901 South Chris Lane;
1833 and 1841 South State College Boulevard; 1800 and
1801 East Talbot Way. Site ? encompasses 10.4 acres
located at 1871, 1881, 1891, 1901, 1870, 1880, 1890, 1900
and 1910 South Betmor Lane and 1100 East Katella Avenue.
The project site also encompasses portions of South Chris
Lane and South Betmor Lane.
SUBSEQUENT EIR NO. 332 AND ADDENDUM AND MITIGATION
MONITORING PLAN NO. 138 — Determination that Subsequent (SEIR) EIR No.
332 and its Addendum and Mitigation Monitoring Plan No. 138 are adequate to
serve as the required environmental documentation for the proposed actions.
[The Subsequent EIR has been circulated for a 45 -day public review and is
currently scheduled to be considered by the Planning Commission on August
22, 2005, followed by City Council consideration in September. This SEIR
would need to be certified by the City Council prior to the City Council approving
SEIR No. 332 and its Addendum for the proposed project actions described in
this notice.]
GPA2005 -00434 — Request to amend the Land Use Element of the City of
Anaheim General Plan to redesignate Site 2 from the Office High land use
designation to the Mixed Use land use designation. This request would not
change the permitted overall intensity for these uses as set forth in the General
Plan.
MIS2005 -00111 — Request to amend The Platinum Triangle Master Land Use
Plan to incorporate Site 2 into the Platinum Triangle Mixed Use (PTMU) Overlay
Zone, Katella District.
MIS2005 -00116 - Request for Planning Commission to rescind in part
Resolution No. PC2004 -83 and recommend that the City Council rescind in part
Project Planner:
Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order
(cflores @anaheim.net)
to rescind resolutions of intent pertaining to the reclassification of Site 2 from
the I (Industrial) to the O -H (High Intensity Office) Zone.
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RCL2005 -00164 — Request to reclassify Site 2 from the I (Industrial) to the I
(PTMU) (Industrial - Platinum Triangle Mixed Use Overlay) Zone.
ZCA2005 -00042 — Request to amend Chapter 1820 (PTMU Overlay) of Title 18
(Zoning Code) of the Anaheim Municipal Code to add educational institutions
and condominium hotels as authorized uses subject to the approval of a
conditional use permit, to amend the minimum size of balconies for high -rise
towers and to amend the parkland dedication requirements.
CUP2005 -04999 — Request to permit residential tower structures up to 400 feet
in height on Site 1 within Development Areas B, D, E, F, M and N of the Master
Site Plan.
DAG2005 -00008 — Request to adopt a Development Agreement between the
City of Anaheim and Lennar Platinum Triangle, LLC and Sellers (as listed in the
Development Agreement) to provide for the development of a Master Site Plan
with up to 2,681 residences in a mix of housing types, including high rise
residential towers, street townhomes, podium townhomes, and lofts with
150,000 square feet of street - related commercial development adjacent to a
new street designated as Market Street. The plan also includes public park
space and new connector streets. (INADVERTENTLY ADVERTISED AS 2005-
00164)
GENERAL PLAN AMENDMENT RESOLUTION NO.
MISCELLANEOUS CASE RESOLUTION NO.
MISCELLANEOUS CASE RESOLUTION NO.
RECLASSIFICATION RESOLUTION NO.
ZONING CODE AMENDMENT RESOLUTION NO. _
CONDITIONAL USE PERMIT RESOLUTION NO. _
DEVELOPMENT AGREEMENT RESOLUTION NO.
Adjourn To Wednesday, September 7, 2005 at 1:00 P.M. for
Preliminary Plan Review.
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�3�:ilily[aei�N7►N1�1�>E,��I►[r
I hereby certify that a complete copy of this agenda was posted at:
8/18/05 11:30 a.m.
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL DISPLAY KIOSK
SIGNED: (Original Siqned by Danielle C. Masciel)
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765 -5139. Notification no later than 10:00 a.m.
on the Friday before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Telephone System at 714 - 765 -5139.
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SCHEDULE
2005
September 7 (Wed) 11
11 September 19 11
October 3
October 17
October 31
November 14
November 28
December 12
II December 28 (Wed) II
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Final Site Plan No. 2005 -00009 Subject Property
Date: August 22, 2005
Scale: Graphic
Requested By: ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 83
THE COMMUNITY DEVELOPMENT DEPARTMENT REQUESTS REVIEWAND RECOMMENDATION TO
THE ANAHEIM REDEVELOPMENT AGENCY OF FINAL BUILDING COLORS AND MATERIALS FOR THE
CONSTRUCTION OF A NEW PLANNED MIXED USE DEVELOPMENT (Parcels Al -A3, B, and D) IN
DOWNTOWN ANAHEIM.
203 South Anaheim Boulevard, 290 South Lemon Street, 180 and
435 West Center Street, and 291 West Broadway 1981
Staff Report to the
Planning Commission
August 22, 2005
Item No. 1 -A
1 -A REPORTS AND RECOMMENDATIONS
a. ENVIRONMENTAL IMPACT REPORT NO. 189 - (Motion)
ADDENDUM TO KOLL ANAHEIM CENTER
(PREVIOUSLY - CERTIFIED)
b. FINAL PLAN REVIEW NO. 2005 -00009 - REQUEST FOR (Motion)
REVIEW AND APPROVAL OF FINAL PLANS FOR
CONSTRUCTION OF A PLANNED MIXED USE
DEVELOPMENT ON PARCELS Al —A3, B. AND D
WITHIN THE DOWNTOWN MIXED USE OVERLAY ZONE
c. REVIEW AND RECOMMENDATION OF FINAL PLANS (Motion)
FOR PARCELS Al — 3, B. AND D
SITE LOCATION AND DESCRIPTION:
(1) This 2.5 -acre area is located at the southwest corner of Anaheim Boulevard and Center
Street Promenade, with frontages of 173 feet on the west side of Anaheim Boulevard, 429
feet on the north side of Broadway, and 283 feet on the south side of Center Street
Promenade (Parcels Al —A3 within Downtown Anaheim — 203 South Anaheim Boulevard,
290 South Lemon Street, and 180 West Center Street).
This irregularly- shaped 0.93 -acre property is located at the northwest corner of Lemon Street
and Broadway, with frontages of 120 feet on the west side of Lemon Street, 128 feet on the
east side of Clementine Street, and 305 feet on the north side of Broadway (Parcel B within
Downtown Anaheim — 291 West Broadway).
This 2.9 -acre area is located at the southeast corner of Harbor Boulevard and Lincoln
Avenue, with frontages of 377 feet on the east side of Harbor Boulevard and 233 feet on the
south side of Lincoln Avenue (Parcel D within Downtown Anaheim — 435 West Center Street
Promenade).
REQUEST:
(2) The Community Development Department requests review and recommendation to the
Anaheim Redevelopment Agency of final building colors and materials for the construction of
a new Planned Mixed Use Development (Parcels Al —A3, B, and D) in Downtown Anaheim-
BACKGROUND
(3) This Community Development- initiated development project is being submitted to the
Planning Commission as a Reports and Recommendations item in response to the
restructuring of the Housing and Community Development (formerly the Redevelopment and
Housing) Commission. Conceptual design review of Redevelopment Agency projects is now
under the purview of the Planning Commission. The intent of this plan review is to receive
comments and direction from the Planning Commission pertaining to conceptual plans and
design issues. The Commission's comments will be forwarded the City Council acting as the
Redevelopment Agency.
(4) The properties are currently zoned C -G (DMU) (General Commercial, Downtown Mixed Use
Overlay) and are designated for Mixed Use on the City of Anaheim General Plan Land Use
Element Map. The properties are located within the Alpha Downtown Project of the Anaheim
Redevelopment Area.
(2) DOG
Staff Report to the
Planning Commission
August 22, 2005
Item No. 1 -A
(5) On October 29, 2002, the City Council approved a Disposition and Development Agreement
(DDA) between the Anaheim Redevelopment Agency (ARA) and CIM California Urban Real
Estate Fund, LP (CIM). On June 17, 2003, the City Council approved a first amendment to
the DDA. On September 28, 2004, the City Council approved two Amended and Restated
DDA's. The agreements provide for the conveyance of ARA -owned property and for the
construction of a mixed -use project located within Downtown Anaheim. These properties are
located within the Downtown Sub -area of Redevelopment Project Alpha.
(6) Since April of 2002, ARA staff has conducted over 100 community meetings to receive
comments on the downtown master plan and the CIM master plan, and to discuss the
architectural design, historical elements, conceptual landscaping, and conceptual sign
program for the CIM project.
(7) On November 17, 2003, the Planning Commission reviewed and approved final site, floor,
elevation, roof - mounted equipment, parking, and pedestrian and vehicle circulation plans for
the construction of a Planned Mixed Use Development for Parcel B within Downtown
Anaheim. On May 17, 2004, the Commission approved Tentative Tract Map No. 16679 (to
establish a 5 -lot planned mixed -use residential /commercial subdivision on Parcel B). On
December 13, 2004, the Commission approved Tentative Tract Map No. 16606 (to establish
a 5 -lot, 135 -unit commercial /residential mixed use subdivision for Parcel D), Tentative Tract
Map No. 16810 (to establish a 11 -lot planned mixed -use residential /commercial subdivision
for Parcels Al —A3), and final site, floor, parking, elevation, roof - mounted equipment, and
pedestrian and vehicle circulation plans for the construction of a Planned Mixed Use
development on said parcels within Downtown Anaheim. On July 25, 2005, the Commission
approved final signage, lighting for Parcels Al —A3, B, and D.
(8) The Downtown Mixed Use Overlay Zone and the reclassification of approximately 36 acres of
property to the overlay zone provides for the orderly development of "Planned Mixed Use
Developments" in Downtown Anaheim. In lieu of development standards, development
proposals to implement the overlay zone are subject to final plan review and approval-
DISCUSSION
(9) Submitted building color and material plans (Final Plan Nos. 1 -5) indicate base, wall, cornice,
canopies, awnings, windows and glazing colors and materials for five mixed use buildings
within Downtown Anaheim. Each building has a material and color theme that complements
the historical characteristics of that particular building. The materials and colors on the
buildings on Parcels Al and A3 also complement the historical nature of the adjacent
Anaheim Museum. The primary materials include brick veneer, plaster and tile, with vinyl
windows. Color and material boards, since they include three dimensional samples and are
difficult to reproduce for the Commission packets, will be presented to the Commission at the
morning workshop for review and feedback.
ENVIRONMENTAL IMPACT ANALYSIS:
(10) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds no significant environmental impact and, therefore,
recommends that the previously- approved Addendum for the Koll Anaheim Center
Environmental Impact Report serve as adequate environmental documentation for this
request for final plan review upon a finding by the Commission that the determination reflects
the independent judgment of the lead agency; and that it has considered the previously -
approved Addendum together with any comments received during the public review process
and further finding on the basis of the Initial Study and any comments received that there is
no substantial evidence that the project will have a significant effect on the environment.
(2) DOG
Staff Report to the
Planning Commission
August 22, 2005
Item No. 1 -A
EVALUATION:
(11) The implementing DMU Overlay Zone requires final plans to be submitted for Planning
Commission for review and approval as a "Reports and Recommendations" item. If the final
plans are found to be in conformance with the DMU Overlay Zone and Design Guidelines, the
Planning Commission may approve the final plans.
(12) The project has been reviewed for consistency with the DMU Overlay Zone performance
standards and Design Guidelines and for compatibility with surrounding uses in the
Downtown area. The submitted plans are consistent with the intent of the Guidelines so as to
(i) encourage superior design mixed -use development projects that combine residential with
non - residential uses as a means to continue downtown revitalization, (ii) encourage a full
array of diverse land use types and structures, to ensure that the appearance and effects of
buildings, improvements, and uses are harmonious with the character of the area in which
they are located, and (iii) ensure consistency with and implement the provisions of the
Redevelopment Plan for the Alpha Downtown Redevelopment Project Area and related plans
for Downtown Anaheim-
RECOMMENDATION
(13) Planning Department staff recommends that, unless additional or contrary information is
received at the public meeting, and based upon the evidence submitted to the Commission,
including the evidence presented in this staff report, and oral and written evidence presented
at the public hearing, that the Planning Commission:
(a) By motion, determine that the Addendum to previously - certified EIR No. 189 is
adequate to serve as the required environmental documentation for this request.
(b) By motion, approve Final Plan No. 2005 -00009 (as shown on Final Plan Nos. 1- 5 on
file in the Planning Department and color and material boards on file in the
Community Development Department) based upon a finding that the Final Plans are
in conformance with the DMU Overlay Design Guidelines.
(c) By motion, recommend to the Anaheim Redevelopment Agency approval of final
building colors and materials to develop a Planned Mixed Use Development for
Parcels Al - A3, B, and D within Downtown Anaheim.
(2) DOG
ITEM NO. 1 -A
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Conditional Use Permit No. 2004 -04852 (READVERTISED) Subject Property
TRACKING NO. CUP2005 -05003 Date: August 22, 2005
Determination of Public Convenience
or Necessity No. 2005 -00021 Scale: 1"=200'
Requested By: CEDAR MOUNTAIN, LLC Q.S. No. 13
CUP2004 -04852 - (READVERTISED) REQUEST TO PERMIT A NIGHT CLUB.
T- CUP2005 -05003 - REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR
DELETION OF A CONDITION OF APPROVAL PERTAINING TO ATIME LIMITATION, (APPROVED ON
JULY 26, 2004 TO EXPIRE JULY 26, 2005), HOURS OF OPERATION AND THE OUTDOOR PATIO
FORA PREVIOUSLY- APPROVED NIGHTCLUB UNDER AUTHORITY OF CODE SECTION 18.03.093.
PCN2005 -00021 - DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY TO PERMIT
SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION WITHIN A PREVIOUSLY -
APPROVED NIGHTCLUB.
2916 West Lincoln Avenue 1973
Staff Report to the
Planning Commission
August 22, 2005
Item No. 2
2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 (Motion for continuance)
2b. CONDITIONAL USE PERMIT NO. 2004 -04852 (READVERTISED)
( TRACKING NO. CUP2005- 05003
2c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
NO. 2005 -00021
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 0.7 -acre property has a frontage of 89 feet on the south side of
Lincoln Avenue, a maximum depth of 330 feet and is located 315 east of the centerline of
Laxore Street (2916 West Lincoln Avenue - El Calor Restaurant).
REQUEST:
(2) The applicant requests approval of the following:
Reinstatement of Conditional Use Permit No. 2004 -04852 by the modification or deletion of
a condition of approval pertaining to a time limitation (approved on July 26, 2004, to expire
on July 26, 2005) to retain a nightclub under the authority of Code Section 18.60.180.
Determination of Public Convenience or Necessity No. 2005 -00021 —to permit the on-
premises sales and consumption of alcoholic beverages within a nightclub.
BACKGROUND
(3) This property is developed with a nightclub, zoned C -G (General Commercial) formerly CH
(Commercial Heavy) and located within the West Anaheim Commercial Corridors
Redevelopment Project constituent sub -area of the Merged Anaheim Redevelopment Area.
The Land Use Element Map of the Anaheim General Plan designates this property for
Corridor Residential land uses.
(4) This item was continued from the August 8, 2005 Commission meeting in order for the
request to be readvertised to include additional modifications to conditions of approval.
Staff is requesting a further continuance to the September 7, 2005, Commission meeting in
order to work with the Police Department to refine the crime statistics for the business-
RECOMMENDATION
(5) That the Commission, by motion, continue this item to the September 7, 2005, Planning
Commission meeting.
S R -C U P2004- 04852( con t2)akv
Page 1
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General Plan Amendments NORTH NET
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Circulation Element Amendments �1 i �� y ✓ / � ( f CENTER
Land Use Element Amendments J i / t ' :�. -. -�L I
Requested By: CITY OF ANAHEIM
Subsequent EIR No. 332
General Plan Amendment No. 2004 -00420
Reclassification No. 2004 -00134
Zoning Code Amendment No. 2004 -00036
Miscellaneous Case Nos. 2004 - 00089, 2005 - 00114, 2005 -00115
The Platinum Triangle
MM Subject Property
Date: August 16, 2005
Scale: Graphic
1920 -5
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Requested By: CITY OF ANAHEIM
Subsequent EIR No. 332
General Plan Amendment No. 2004 -00420
Reclassification No. 2004 -00134
Zoning Code Amendment No. 2004 -00036
Miscellaneous Case Nos. 2004 - 00089, 2005 - 00114, 2005 -00115
The Platinum Triangle
E] Subject Property
Date: August 22, 2005
Scale: Graphic
1920 -5
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
3a.
3b.
3c.
3d.
3e.
3f.
3g.
3h.
SITE LOCATION AND DESCRIPTION:
(Recommendation resolution)
(Recommendation resolution)
(Recommendation resolution
(Recommendation resolution)
(Recommendation motion)
(Resolution)
(Resolution)
(Motion)
(1) The Platinum Triangle ( "Project Area ") encompasses approximately 820 acres located at the
confluence of the Interstate 5 Freeway and the SR -57 Freeway, in the City of Anaheim in
Orange County, California. The Project Area is located generally east of the Interstate 5
Freeway, west of the Santa Ana River channel and SR -57 Freeway, south of the Southern
California Edison easement, and north of the Anaheim City limit.
REQUEST:
(2) The proposed City- initiated requests (hereafter referred to as the "Proposed Actions ") are as
follows:
Certification of Subsequent Environmental Impact Report (SEIR) No. 332 and Adoption of the
Updated and Modified Mitigation Monitoring Program No. 106A
Request for Planning Commission recommendation that the City Council certify Subsequent
Environmental Impact Report No. 332, including adoption of a Statement of Findings of Fact, a
Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring
Program No. 106A for The Platinum Triangle. SEIR No. 332 has been prepared to serve as
the primary environmental document for subsequent actions within the Project Area related to
the adopted Platinum Triangle Master Land Use Plan, The Platinum Triangle Mixed -Use
(PTMU) Overlay Zone and The Platinum Triangle Standardized Development Agreement.
Implementation is intended to include, but not be limited to, the approval of subdivision maps,
grading permits, street improvement plans, final site plans, development agreements and
other related actions for properties located within The Platinum Triangle. Future
developments that require additional discretionary review will utilize this document for CEQA
purposes to the extent possible, consistent with Section 15162 of the CEQA Guidelines. This
SEIR is also intended to provide the additional environmental documentation for proposed
City- initiated amendments to the General Plan, The Platinum Triangle Master Land Use Plan,
the PTMU Overlay Zone and the Standardized Platinum Triangle Development Agreement
described below.
Cases /GPA 00432/SR_GPA2005 -00420 PTSEIR 8 16 051j.doc
Page 1
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
General Plan Amendment No. 2004 -00420 (Tracking No. cPA2005- 00432) Request for Planning
Commission recommendation that the City Council amend the City of Anaheim General Plan
Land Use and Circulation Elements as follows:
Land Use Element: (A) redesignate a 3.21 -acre property located at the southeast corner
of Orangewood Avenue and Rampart Street and further identified as 2400 East
Orangewood Avenue ( "North Net Fire Training Center ") from the Office -High to the
Mixed -Use land use designation; and (B) provide for an additional 325 dwelling units and
up to 210,100 square feet of additional commercial square footage in The Platinum
Triangle Mixed -Use land use designation. This amendment would increase the
maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum
overall commercial density from 2,044,300 to 2,254,400 square feet.
Circulation Element: (A) redesignate a portion of Cerritos Avenue between State College
Boulevard and Douglass Road from a Primary Arterial Highway (six lanes divided with no
parking or four lanes divided with left turn pockets and two parking lanes with a typical
right -of -way width of 106 feet) to a Secondary Arterial Highway (four undivided lanes with
parking on either side with a typical right -of -way width of 90 feet) to be consistent with the
Orange County Master Plan of Arterial Highways and respective lane configurations; and
(B) provide for Gene Autry Way between Betmor Lane and State College Boulevard to be
up to 115 feet in width (up to 170 feet in width was previously advertised to provide for
the "Grand Parkway" design described in the June 13, 2005, staff report to the Planning
Commission, however, staff is requesting that the request be revised to 115 feet). This
segment of Gene Autry Way is designated as a Primary Arterial Highway with a current
typical width of up to 106 feet.
00089) — Request for Planning Commission recommendation that the City Council amend The
Platinum Triangle Master Land Use Plan to incorporate the following: an adjustment to the
boundaries of the mixed -use districts to include the North Net Fire Training Center site in the
PTMU Overlay Zone Gateway District and add 325 units to said District (321 of said units
would be designated for the North Net Fire Training Center site); a modification to the PTMU
Overlay Zone commercial density to add 210,100 square feet of additional commercial square
footage (190,100 square feet of this square footage would be designated for future required
ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene
Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and,
additional technical refinements and clarifications, including, but not limited to, refinements to
street cross - sections and density descriptions to reflect the above -noted changes.
Zoning Code Amendment No. 2004 -00036 — Request for Planning Commission
recommendation that the City Council amend the PTMU Overlay Zone to incorporate the
following: an adjustment to the boundaries of the mixed -use districts to include the North Net
Fire Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to
said District (321 of said units would be designated for the North Net Fire Training Center site);
a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of
additional commercial square footage (190,100 square feet of this square footage would be
designated for future required ground floor commercial uses on Market Street and Gene Autry
Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses
in the Katella District); and, additional technical refinements and clarifications, including, but
not limited to, refinements to density descriptions to reflect the above -noted changes and other
City Code requirements.
Case No. 2005- 00114) — Request for Planning Commission recommendation that the City
Council adopt refinements to The Platinum Triangle Standardized Development Agreement to
reflect mitigation measure requirements set forth in the Updated and Modified Mitigation
Monitoring Program No. 106A, editorial refinements and updated fees.
Page 2
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
Miscellaneous Case No. 2005 -00115 — Request that the Planning Commission rescind in part,
Resolution No. PC2004 -83 and recommend that the City Council rescind in part, Resolution
No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order to rescind resolutions of
intent pertaining to the reclassification of a 3.21 -acre property located at the southeast corner
of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood
Avenue ( "North Net Fire Training Center ") from the PR (Public Recreational) Zone to the O -H
(High Intensity Office) Zone.
Reclassification No. 2004 -00134 — Request that the Planning Commission reclassify a 3.21 -
acre property located at the southeast corner of Orangewood Avenue and Rampart Street and
further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center "), from
the PR (Public Recreational) Zone to the PR (PTMU Overlay) (Public Recreational — Platinum
Triangle Mixed -Use Overlay) Zone.
BACKGROUND:
(3) This item was continued from the July 25, 2005, Planning Commission meeting in order for
staff to complete the Subsequent Environmental Impact Report Response to Comments
document.
(4) 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 Platinum Triangle 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 intensity for The Platinum Triangle to be
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 of 0.50 and
institutional development at a maximum floor area ratio of 3.0. In addition, the square footage
and seats allocated to the existing Arrowhead Pond of Anaheim and all of the development
intensity entitled by Area Development Plan No. 120 were incorporated into The Platinum
Triangle Mixed -Use land use designation.
(5) 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 adopted The Platinum Triangle
Master Land Use Plan, the Platinum Triangle Mixed Use Overlay Zone, approved the form of
the Standardized Platinum Triangle Development Agreement (property owners desiring to
develop under the PTMU Overlay Zone provisions are required to enter into a standardized
Development Agreement with the City of Anaheim) and approved associated Zoning
reclassifications. Ordinances associated with the PTMU Overlay Zone and the approved
zoning reclassifications became effective September 23, 2004.
(6) The Platinum Triangle Master Land Use Plan (PTMLUP) carries out the goals and policies of
the General Plan for The Platinum Triangle including serving as a blueprint for future
development and street improvements. The PTMLUP includes a description of the Platinum
Triangle Vision, an overview of the Mixed Use Districts and a description of the public realm
landscape and identity concepts. Since adoption of the plan in 2004, one amendment has
been approved pertaining to the Archstone apartment complex (to identify said project area as
the Gateway District Sub Area B) and one amendment is in process to add additional
commercial square footage to the Katella District (see description of D.R. Horton project in
paragraph (11) of this staff report).
(7) The Platinum Triangle Mixed Use (PTMU) Overlay Zone requirements are set forth in Chapter
18.20 of Title 18 of the Anaheim Municipal Code. The PTMU Overlay Zone encompasses
approximately 375 acres and five Districts (the Katella, Gene Autry, Gateway, Arena and
Page 3
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
Stadium Districts). The PTMU Overlay Zone provides opportunities for high quality well -
designed development projects that could be stand -alone residential projects or combined with
non - residential uses including office, retail, business services, personal services, public
spaces and uses, and other community amenities within the area. Properties encompassed
by the PTMU Overlay Zone can be operated, developed or expanded under their existing
underlying zone, or, if the property owner chooses, developed under the PTMU Overlay Zone
standards. Since adoption of the plan in 2004, one amendment has been approved pertaining
to the Archstone apartment complex development standards and one amendment pertaining
to the D.R. Horton project is in process to add additional commercial square footage to the
Katella District.
(8) On March 7, 2005, the Planning Commission initiated applications and proceedings pertaining
to General Plan Amendment No. 2004 -00420 to amend the Land Use Element, Zoning Code
Amendment No. 2004 -00036 and Miscellaneous Case Nos. 2004- 00089, 2005 -00114 and
2005 - 00115.
(9) On June 13, 2005, the Planning Commission initiated applications and proceedings pertaining
to General Plan Amendment No. 2004 -00420 (Tracking File No. 2005- 00432) to amend the
Circulation Element.
(10) Since the approval of The Platinum Triangle Master Land Use Plan, nine development
applications have been processed to implement The Platinum Triangle vision. Six applications
have been approved totaling 2,044 residential units and 24,844 square feet of commercial
uses and five applications are under review totaling 3,328 residential units and 144,228
square feet of commercial uses.
(11) Staff anticipates that Development Agreement No. 2005 -00004 and other associated actions
to permit the development of the D.R. Horton project at 2100 E. Katella Avenue will be
considered by the City Council on September 13, 2005 concurrently with this Item. On July
25, 2005, the Planning Commission recommended that the City Council approve the D.R.
Horton project, which includes 251 for -sale units and 9764 square feet of commercial uses. A
portion of the commercial uses associated with this project (5,608 square feet) is included in
the 20,000 square feet of commercial uses analyzed in Subsequent EIR No. 332 for the
Katella District. If the City Council approves both the D.R. Horton project and the subject City -
initiated actions, the maximum commercial square footage in The Platinum Triangle may not
exceed 2,254,400 square feet.
ENVIRONMETAL IMPACT ANALYSIS
(12) On May 25, 2004, the City Council certified Final Environmental Impact Report No. 330,
adopting Findings of Fact and a Statement of Overriding Considerations, and associated
Mitigation Monitoring Plans (including an Updated and Modified Mitigation Monitoring Program
No. 106 for The Platinum Triangle) ( "FEIR No. 330 ") under Resolution No. 2004 -04, in
conjunction with its consideration and adoption of the citywide General Plan and Zoning Code
Update Program and a series of related actions.
(13) FEIR No. 330 evaluated the environmental impacts associated with the maximum
development intensity and land uses designated by the General Plan for The Platinum
Triangle and mitigation measures were identified in the Updated and Modified Mitigation
Monitoring Program No. 106 to address any significant impacts. Section 1.2.2 of FEIR No.
330 indicates that the EIR would be utilized for subsequent activities implementing the goals
and policies of the General Plan and Zoning Code Update including, but not limited to, the
establishment of the PTMU Overlay Zone and associated reclassifications and the
establishment of public realm, streetscape and landscape concepts for The Platinum Triangle.
Reclassification of certain properties in The Platinum Triangle to the O -H (High Intensity
Office) and the O -L (Low Intensity Office) Zones to maintain consistency with the new General
Page 4
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
Plan and Zoning Code Update designations was also identified as a subsequent activity in the
EIR.
(14) In adopting The Platinum Triangle Master Land Use Plan and the other associated actions
described in paragraph (5) of this staff report, the City Council determined that the previously -
certified FEIR No. 330 was adequate to serve as the required environmental documentation
as the FEIR contemplated said activities to carry out the goals and policies of the updated
General Plan. The City Council also determined, however, that future individual development
projects and infrastructure improvements which are proposed to implement The Platinum
Triangle Master Land Use Plan and the associated zoning designations would require further
environmental review and analysis in conjunction with the processing of discretionary
applications. Therefore, additional environmental documentation (resulting in Mitigated
Negative Declarations) has been prepared for each of The Platinum Triangle Development
Agreements that have been approved to date.
(15) To further analyze impacts associated with the implementation of The Platinum Triangle
Master Land Use Plan and the related actions listed in paragraph (2) of this report, a Draft
Subsequent Environmental Impact Report (DSEIR) has been prepared by the City. In order to
define the scope and content of the DSEIR, a Notice of Preparation (NOP) for DSEIR No. 332
was circulated to public agencies, contiguous property owners and other interested parties for
a 30 -day comment period ending on January 10, 2005. The NOP outlined the environmental
issues to be addressed in the DSEIR including: Aesthetics, Air Quality, Geology /Soils,
Hazards /Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise,
Population and Housing, Public Services, Traffic and Circulation and Utilities and Service
Systems. The NOP further indicated that the City of Anaheim would serve as Lead Agency for
the SEIR. The City subsequently held a scoping meeting on January 6, 2005, to provide
public agencies, contiguous property owners and other interested parties the opportunity to
comment on issues to be addressed in the DSEIR.
(16) DSEIR No. 332 was prepared under the City's direction in compliance with the California
Environmental Quality Act (CEQA) and the State and City CEQA Guidelines. The City
conducted its own independent evaluation and analysis of the DSEIR prior to circulating it to
responsible agencies, organizations and interested parties and making it available for a 45-
day public review period from June 1, 2005, to July 15, 2005. A copy of the DSEIR was also
provided to the Planning Commission and City Council. The DSEIR was available for review
on the City's website at http: / /www.anaheim.net (on the Planning Department page under "The
Platinum Triangle ") in addition to the following locations in the City of Anaheim:
• Planning Department, 200 S. Anaheim Boulevard
• Main Library, 500 W. Broadway
• Sunkist Branch Library, 901 S. Sunkist Street
(17) By the close of the 45 -day public review period, staff received seven comment letters from
responsible agencies. In addition, the City also accepted and responded to one letter from a
responsible agency after the comment period had ended. The comments received pertained
to air quality, water supply, toxic site remediation, traffic circulation, flood control, open space/
recreation and water quality.
(18) On August 12, 2005, a Response to Comments document was made available for public
review and mailed to all agencies, organizations and interested parties who provided
comments on the DSEIR. In addition, the Response to Comments document was also
provided to the Planning Commission and made available for public review on the City's
website and the locations listed in paragraph (16) of this staff report. This document includes
responses that address public /responsible agency comments received during the review
period in addition to refinements to the DSEIR and the Updated and Modified Mitigation
Monitoring Program No. 106A. As with the DSEIR, the Responses to Comments document
Page 5
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
was prepared under the City's direction, and staff performed an independent evaluation and
analysis of the document prior to releasing it for public review. Since the release of the
Response to Comments document, one additional refinement to the SDEIR document has
been provided in Attachment 1 -A to this staff report.
(19) The Platinum Triangle DSEIR No. 332 analyzes the environmental impacts associated with
development of The Platinum Triangle and incorporates recommended mitigation measures.
The DSEIR indicates that Air Quality would be significantly impacted during construction and
development phases within The Platinum Triangle. Mitigation measures identified in Section
5.2 of the DSEIR would reduce construction emissions; however, emissions would still remain
a significant unavoidable adverse impact during construction. All other project impacts can be
mitigated to an acceptable level with the incorporation of the recommended mitigation
measures set forth in the Updated and Modified Mitigation Monitoring Program No. 106A.
(20) CEQA requires that one or more findings be made for each significant environmental impact
identified. When a project results in an impact that cannot be feasibly mitigated below a level
of significance, CEQA also requires the decision - making agency to balance anticipated
benefits of the project against its unavoidable environmental impacts; if the benefits of the
project outweigh the unavoidable adverse impacts, the project may be approved if the agency
issues a Statement of Overriding Considerations stating the specific reasons to support its
actions. Therefore, a Statement of Findings of Fact addressing each of the project impacts,
recommended mitigation measures and level of significance following mitigation for each of
the topical issues addressed in the DSEIR is provided in Attachment No. 1 of this staff report.
A Statement of Overriding Considerations addressing how the benefits of the project outweigh
the unavoidable adverse air quality impacts associated with the project is also provided in said
Attachment. Said documents may be revised, as appropriate, to reflect evidence presented
during the public hearing process, project refinements and the final actions taken by the
Planning Commission and City Council.
(21) The Final SEIR ( "FSEIR ") No. 332 includes the DSEIR, the Response to Comments
document, the Updated and Modified Mitigation Monitoring Program No. 106A and any
documents submitted as part of the public record for the DSEIR. The information set forth in
the FSEIR represents the independent judgment of the City of Anaheim with respect to all
analysis and conclusions presented in the FSEIR.
DISCUSSION:
Following is a discussion of the requested City- initiated actions:
General Plan Amendment No. 2004 -00420
(22) Land Use Element Amendments
The adopted General Plan designates The Platinum Triangle for a variety of land uses
including Mixed -Use, Office -High, Office -Low, Industrial and Institutional (see paragraph (4) of
this staff report for a description of the adopted densities). The General Plan Land Use
Element additionally sets forth density limitations for The Platinum Triangle Mixed -Use
designations in "Table LU -4: General Plan Density Provisions for Specific Areas of the City"
(an excerpt of said table is provided on the following page).
The proposed amendment to the Land Use Element would redesignate a 3.21 -acre property
located on the southeast corner of State College Boulevard and Rampart Street from the
Office -High to the Mixed -Use land use designation. This property is currently developed with
the North Net Fire Training Center and is owned by the City of Anaheim and operated under a
Joint Powers Agreement between the Cities of Anaheim, Garden Grove and Orange. No
mixed use development is proposed for this property at this time; however, City staff
recommends that this property be redesignated to Mixed -Use to provide for additional housing
Page 6
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
opportunities in the event that the existing use is relocated at a future date. As indicated in an
exhibit in Attachment No. 2 to this staff report, this property is located in close proximity to
another Mixed -Use area (the PTMU Overlay Zone, Stadium District to the north) and
employment areas (the properties to the west across Rampart Street are designated for
Office -High) and is in close proximity to freeway access (SR -57).
The proposed amendment would also increase The Platinum Triangle Mixed -Use residential
density by 325 dwelling units to correspond'with the redesignation of the 3.21 -acre property
described above to Mixed -Use. If the number of residential units in the Mixed -Use designation
was not increased, development of the 3.21 -acre property with residential units would result in
a reduced number of units being available for development in other Mixed -Use areas of The
Platinum Triangle.
Also proposed is an increase in the maximum Mixed -Use commercial intensity by 210,100
square feet. This increase is proposed in order to provide for commercial square footage that
could be targeted directly for Market Street and along Gene Autry Way and other areas east
of State College Boulevard as further described in the amendments to The Platinum Triangle
Master Land Use Plan and PTMU Overlay Zone (see paragraph (24) of this staff report). The
additional intensity would contribute towards the vitality of Market Street and Gene Autry Way
and still leave remaining commercial square footage that could be developed as part of other
mixed use projects in The Platinum Triangle.
Following is an excerpt from Table LU -4 which shows the proposed amendments to The
Platinum Triangle Mixed -Use residential and commercial intensity:
TABLE LU -4: GENERAL PLAN DENSITY PROVISIONS
FOR SPECIFIC AREAS OF THE CITY
Location
General Plan Use
Designations
Permitted Density
The Platinum
Mixed -Use
Up to 9 .175 9,500 dwelling units
Triangle Area
at densities up to 100 dwelling
units per acre; up to 3,265,000
s.f. of office development at
maximum FAR of 2.00; and, up
to 2,04 4,390 2,254,400 s.f. of
commercial development at a
maximum FAR of 0.40.
Office -High and Office -Low
Up to 1,735,000 s.f. of office
development at a maximum FAR
of 2.0 for properties designated
Office -High and a maximum FAR
of 0.5. for properties designated
Office -Low.
(23) Circulation Element Amendments
Cerritos Avenue
Staff proposes that the General Plan Circulation Element be amended to redesignate the
segment of Cerritos Avenue between State College Boulevard and Douglass Road from a
Primary Arterial Highway to a Secondary Arterial Highway (see Attachment No. 2 for an
exhibit depicting the location of this street segment). This redesignation would be consistent
with the Orange County Master Plan of Arterial Highways map which currently identifies this
segment of Cerritos Avenue as a Secondary Arterial Highway. The typical width of a Primary
Arterial Highway is between 106 to 120 feet, consisting of a six -lane divided roadway with no
Page 7
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
on- street parking or a four -lane divided roadway with left -turn pockets and on- street parking.
The typical width of a Secondary Arterial Highway designation is 90 feet, consisting of four
undivided lanes with on- street parking. The existing street width for this segment of Cerritos
Avenue is 70 feet, consisting of a four lane undivided roadway with no on- street parking.
Gene Autry Way Grand Parkway
In the June 13, 2005, staff report requesting that Planning Commission initiate the General
Plan Amendment pertaining to the Gene Autry Way Grand Parkway, staff had requested that
the General Plan be modified to widen the segment of this street between State College
Boulevard and Betmor Lane up to 170 feet in width. This expanded width was proposed to
potentially provide for a landscaped median, two through traffic lanes in each direction,
enhanced parkways with bike lanes, a one -way travel lane on each side of the street, on-
street parking and wide sidewalks. Upon further review of this configuration, including an
analysis of the distance between State College Boulevard, Market Street and the bridge over
the 1 -5 Freeway, staff determined that there was not sufficient street length to accommodate
the proposed design. Further, there was not sufficient bridge width to accommodate a bike
lane nor are bike lanes required on the adjacent Connector Streets or Market Street. Staff
did, however, determine that there should be some enhancements to this street as it will be
an important connection between The Anaheim Resort and The Platinum Triangle.
The Circulation Element Planned Roadway Network Map currently designates this segment
of Gene Autry Way as a Primary Arterial Highway with an ultimate right -of -way width of 106
feet consisting of a six -lane divided roadway with no on- street parking. The current street
width varies from 98 to 106 feet between Betmor Lane and State College Boulevard. The
General Plan Circulation Element currently provides for Gene Autry Way to extend between
State College Boulevard and Harbor Boulevard, traversing over the 1 -5 Freeway.
Staff proposes to increase the ultimate right -of -way width for the segment of Gene Autry Way
between Betmor Lane and State College Boulevard from 106 feet to up to 115 feet to provide
for enhancements to the design of this street (which will be called the Gene Autry Way Grand
Parkway). Conceptual plans call for a landscaped median island, three through traffic lanes
in each direction and enhanced parkways and sidewalks. Exhibits showing a conceptual
street cross - section and an illustrative depiction of the proposed street design are provided in
Attachment No. 3 to this staff report. The ultimate street width would be 115 feet between
State College Boulevard and Market Street. West of Market Street, the street would
transition to its existing width as it nears the bridge overcrossing and the one -way side streets
on either side of the bridge (this area is approximately in the vicinity of Betmor Lane). If an
applicant wanted to provide for on- street parking along the Gene Autry Way Grand Parkway
between State College Boulevard and Market Street, the street could be widened, at their
option and in a design acceptable to the Public Works Department, an additional 8 feet, and
the parkway design could include trees in tree wells instead of shrubs.
The roadway would retain the Primary Arterial Highway designation. The increased width to
115 feet would be indicated on the Right -of -Way Exceptions List on file in the Planning
Department. The proposed design would provide for enhancements to this connection
between The Platinum Triangle and The Anaheim Resort.
Amendment to The Platinum Triangle Master Land Use Plan (PTMLUP) (Miscellaneous Case No
2004- 00089) and the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Zoning Code
Amendment No. 2004 -00036
(24) The requested amendments to the PTMLUP and PTMU Overlay Zone would:
(A) Adjust the boundaries of the Mixed -Use districts to include the North Net Fire
Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to
said District (321 of said units would be designated for the North Net Fire Training
Center site); and,
Page 8
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
(B) Modify the PTMU Overlay Zone commercial density to add 210,100 square feet of
additional commercial square footage (190,100 square feet of this square footage
would be designated for future required ground floor commercial uses on Market
Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000
square feet for other commercial uses in the Katella District);
(C) Modify the PTMLUP text and exhibits to incorporate additional technical refinements
and clarifications. The proposed amendment includes refinements to street cross -
sections and density descriptions and reflect the changes listed in (A) and (B) above
and in General Plan Amendment No. 2005 - 00420.
(D) Modify the PTMU Overlay Zone standards to incorporate additional technical
refinements and clarifications. The proposed changes are identified in Attachment 4
to this staff report and include refinements to the standards to reflect the changes
listed in (A) and (B) above and other standards pertaining to the following:
• Provision for a Master Site Plan process. Currently the Code requires a detailed
Final Site Plan to be submitted with each Development Agreement application to
implement the PTMU Overlay Zone. Staff recommends that this process be
modified to allow a Master Site Plan process for properties over 12 acres in size
in order to encourage consolidation of parcels and provide for comprehensive
site planning. A Master Site Plan would include sufficient exhibits to depict the
proposed development areas and land uses, street systems, parks, infrastructure
improvements and phasing. The Master Site Plan would be an exhibit of the
Development Agreement. To implement the Master Site Plan, the applicant
would submit detailed Final Site Plans to the Planning Commission for review at
a noticed public hearing for review as to conformance with Code. Project specific
conditions of approval could be added at that time.
• Deletion of the height limitations adjacent to Gene Autry Way. The Code
currently sets a height limit of 55 feet within 300 feet north and south of Gene
Autry Way and 75 feet within 300 to 600 feet north and south of Gene Autry Way
with higher heights allowed subject to the approval of a conditional use permit.
Heights in other areas of The Platinum Triangle are permitted up to 100 feet with
higher heights subject to approval of a conditional use permit. The purpose of
this Gene Autry Way related height limitation was to preserve views of the Angel
Stadium of Anaheim from the 1 -5 Freeway and the Anaheim Convention Center.
With the slightly wider width of the street proposed as part of the requested
General Plan Amendment and the arrangement of right -of -way and setback
landscape to put canopy trees in the median and parkways and palm trees in the
building setback areas, staff has determined that no additional height limitations
or view preservation requirements are needed to preserve views of the Stadium.
Therefore, staff is recommending that the Gene Autry Way height limitations be
removed.
Additional Gene Autry Way right -of -way to be counted towards acreage in
determining maximum density for property. The proposed right -of -way increase
along Gene Autry Way would be 4.5 feet wide on each side of the road. Staff
proposes that this additional area be counted towards the total acreage when
determining the maximum density allowed on the property. This same approach
was used in The Anaheim Resort along Harbor Boulevard and Katella Avenue
when the right -of -way was widened to include additional landscaped area.
(25) The complete text of the proposed amendments is provided in strike -out format and are set
forth in Attachment Nos. 3 (PTMLUP amendments) and 4 (PTMU Overlay amendments) of
this staff report. These attachments include the respective changes to the PTMLUP and the
PTMU Overlay Zone which are set forth in Appendix C to Subsequent DEIR No. 332 and
additional refinements relative to the Gene Autry Way design, the Master Site Plan process,
modification to the Urban Design Plan to add a Landmark Architecture symbol to the Market
Page 9
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
Street/Katella Avenue intersection (southwest and southeast corners) and the Market
Street/Gene Autry Way intersection (all corners) and a correction to the Orangewood Avenue
bike lane configuration set forth in Attachment Nos. 3 -A and 4 -A to this staff report.
(26) The request to rescind Resolution No. PC2004 -83 in part pertains to Reclassification No.
2004- 00127. In August 2004, the City Council approved Reclassification No. 2004 -180 to
reclassify the 3.21 -acre North Net Fire Training Center site from the PR (Public Recreational)
Zone to the O -H (High Intensity Office) Zone consistent with the adopted General Plan
Update Office -High designation for that site. As previously indicated in this staff report,
amendments to the General Plan, PTMLUP and PTMU Overlay Zone are proposed to
redesignate this property to the Mixed -Use designation. In order to implement the Mixed -Use
designation, the previous reclassification actions pertaining to the O -H Zone are proposed to
be rescinded and this property is proposed to be reclassified to the PR (PTMU) (Public
Recreation — Platinum Triangle Mixed -Use Overlay) Zone. The PR (Public Recreational)
Zone provides for orderly use of City -owned property and facilities. Reclassification of this
property to the PR (PTMU Overlay) Zone would retain the underlying PR Zone and, as an
alternative opportunity, provide for the property to be developed with mixed uses. An exhibit
depicting the 3.21 -acre site is provided in Attachment No. 7 of this staff report.
Amendment to The Platinum Triangle Standardized Development Agreement (Miscellaneous Case
No. 2005 - 00114)
(27) Modifications to the Platinum Triangle Standard Development Agreement are proposed to
reflect editorial refinements including references to FSEIR No. 332 and the Updated and
Modified Mitigation Monitoring Program No. 106A. In addition, Exhibit D of the Agreement
has been modified to remove references to interim Public Works Department fees as those
fees have been incorporated into the Public Works Department adopted fee program. Said
exhibit has also been modified to reflect adjustments to the Library and General Plan and
Environmental Processing Fees. The editorial refinements and revisions are provided in
strike -out format and are included in Attachment No. 5 to this staff report.
FINDINGS
(28) Prior to making a recommendation for approval of a General Plan Amendment, the Planning
Commission shall make the following findings:
(A) The proposed amendment maintains the internal consistency of the General Plan;
(B) The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City;
(C) The proposed amendment would maintain the balance of land uses within the City; and
(D) If an amendment is to the General Plan Land Use Map, the subject property is
physically suitable to accommodate the proposed modification, including, but not
limited to access, physical constraints, topography, provision of utilities, and
compatibility with surrounding land uses.
RECOMMENDATION:
(29) Staff recommends that unless additional or contrary information is received during the public
hearing and, based upon its review and consideration of Final SEIR No. 332 and the
Page 10
Staff Report to the
Planning Commission
August 22, 2005
Item No. 3
evidence submitted to the Planning Commission, including the evidence presented in this
staff report, and oral and written evidence presented at the public hearing, and the findings
included in the attached resolutions, the Planning Commission take the following actions:
(A) By resolution (Attachment No. 1), recommend that the City Council, unless additional or
contrary information is received during the public hearing, certify FEIR No. 332 and
adopt a Statement of Findings of Fact, a Statement of Overriding Considerations and
the Updated and Modified Mitigation Monitoring Program No. 106A and determine that
FEIR No. 332 and the Updated Mitigation Monitoring Program No. 106A are in
compliance with CEQA and the State and City CEQA Guidelines and are adequate to
serve as the required environmental documentation for the Proposed Project Actions
based upon the findings set forth in the attached draft resolution.
(B) By resolution (Attachment No. 2), recommend that the City Council adopt General Plan
Amendment No. 2004 - 00420, amending the Land Use and Circulation Elements, based
upon the findings set forth in the attached draft resolution.
(C) By resolution (Attachment No. 3), recommend that the City Council approve an
amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No.
2004 - 00089), based upon the findings set forth in the attached draft resolution;
(D) By resolution (Attachment No. 4), recommend that the City Council approve Zoning
Code Amendment No. 2004 -00036 to amend the PTMU Overlay Zone (Chapter 18.20
of Title 18 of the Anaheim Municipal Code), based upon the findings set forth in the
attached draft resolution;
(E) By motion, recommend that the City Council approve revisions to The Platinum
Triangle Standardized Development Agreement (Miscellaneous Case No. 2005 - 00114)
as set forth in Attachment No. 5 to this staff report, based upon a finding that the
proposed revisions reflect technical and editorial refinements and are consistent with
the recommended amendments to the General Plan, Platinum Triangle Master Land
Use Plan and PTMU Overlay Zone as set forth in this August 22, 2005, staff report to
the Planning Commission.
(F) By resolution (Attachment No. 6), rescind, in part, Planning Commission Resolution No.
PC2004 -83, and recommend that the City Council rescind, in part, City Council
Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order to
rescind resolutions of intent pertaining to the reclassification of a 3.21 -acre property
(Miscellaneous Case No. 2005 - 00115) based upon the findings set forth in the attached
draft resolution;
(G) By resolution (Attachment No. 7), approve Reclassification No. 2004 -00134 to
reclassify property located at 2400 East Orangewood Avenue from the PR (Public
Recreation) Zone to the PR (PTMU) (Public Recreation - Platinum Triangle Mixed Use
Overlay) Zone based upon the findings set forth in the attached draft resolution;
(H) By motion, request City Council review of Reclassification No. 2004 - 00134.
Page 11
ATTACHMENT NO. 1
FEIR NO. 332
Draft Resolution
[DRAFT]
RESOLUTION NO. PC2005 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING THAT CITY COUNCIL (A) CERTIFY SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT NO. 332, (B) ADOPT A
STATEMENT OF FINDINGS OF FACT AND A STATEMENT OF
OVERRIDING CONSIDERATIONS AND (C) ADOPT THE UPDATED
AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106A.
WHEREAS, on May 25, 2004, the City Council of the City of Anaheim, by Resolution No-
2004-04, certified Final Environmental Impact Report (FEIR) No. 330 (State Clearinghouse No.
2003041105), adopting Findings of Fact and a Statement of Overriding Considerations, and associated
Mitigation Monitoring Plans (including an Updated and Modified Mitigation Monitoring Program No. 106
for The Platinum Triangle) in conjunction with the consideration and adoption of the citywide General Plan
and Zoning Code Update Program and related actions; and
WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The
Platinum Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle
Standardized Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City
Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935 and, in
adopting said Resolutions and Ordinance, determined that the previously - certified FEIR No. 330 and the
Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle were adequate to
serve as the required environmental documentation for said actions. The City Council further determined
that future individual development projects and infrastructure improvements proposed to implement The
Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone would require additional
environmental review and analysis of potential environmental impacts in conjunction with the processing
of discretionary applications; and
WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 Freeway and the SR -57 Freeway 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
SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit
area and which area is further depicted in Figure LU -5 (Areas of the City with Special Density Limitations)
of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and
WHEREAS, on July 13, 2004, the Anaheim City Council directed staff to prepare a
Subsequent Environmental Impact Report to serve as the primary environmental documentation for
subsequent actions to implement the adopted Platinum Triangle Master Land Use Plan, the Platinum
Triangle Mixed Use (PTMU) Overlay Zone and The Platinum Triangle Standardized Development
Agreement including, but not limited to, the approval of subdivision maps, grading permits, street
improvement plans, final site plans, development agreements and other related actions for properties
located within The Platinum Triangle (hereinafter referred to as "Project Implementation Actions "); and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated
applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No-
2004-00420, Zoning Code Amendment No. 2004- 00036, Miscellaneous Case No. 2004 -00089 to amend
The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The
Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to
rescind in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training
Center site and Reclassification No. 2004 - 00134; and, on June 13, 2005, initiated General Plan
Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) (hereinafter collectively referred to as the
'Project Discretionary Actions "); and
WHEREAS, the Project Implementation Actions pertaining to the adopted Platinum Triangle
Master Land Use Plan, the Platinum Triangle Mixed Use (PTMU) Overlay Zone and The Platinum
Triangle Standardized Development Agreement and the Project Discretionary Actions initiated by the
Planning Commission on March 7, 2005 and June 13, 2005 pertaining to The Platinum Triangle, shall
hereafter be collectively referred to herein as the "Project"; and
CR/PC2005- 1- PC2005
WHEREAS, the City of Anaheim is the lead agency for the preparation and consideration of
environmental documents for said Project, as defined in the California Environmental Quality Act of 1970,
as amended, (hereinafter "CEQA') and the State of California Guidelines for the Implementation of the
California Environmental Quality Act (hereinafter "State Guidelines "); and
WHEREAS, said Project is subject to compliance with the provisions of the California
Environmental Quality Act of 1970, as amended, ( "CEQA ") and the State of California Guidelines for the
implementation of the California Environmental Quality Act (the "State Guidelines ") since said Project
requires approval of discretionary actions by the City of Anaheim; and
WHEREAS, the City of Anaheim has prepared, or caused to be prepared, the Draft
Subsequent Environmental Impact Report No. 332 (hereinafter referred to as "DSEIR ") to serve as the
environmental documentation for the Project, and has consulted with other public agencies, and the
general public and given them an opportunity to comment on said DSEIR as required by the provisions of
CEQA and the State Guidelines, as more fully described in the Staff Report to the Planning Commission
dated August 22, 2005, which is incorporated herein by this reference; and
WHEREAS, the City of Anaheim has evaluated the comments received from public
agencies and persons who reviewed said DSEIR and has prepared responses to the comments received
during the public review period; and
WHEREAS, said comments and recommendations received on said DSEIR; a list of
persons, organizations and public agencies commenting on the DSEIR; and the responses of the City of
Anaheim to significant environmental points raised in the review and consultation process have been
attached to and made a part of said DSEIR in a Response to Comments document dated August 12,
2005;and
WHEREAS, said DSEIR, the Response to Comments document dated August 12, 2005,
the Updated and Modified Mitigation Monitoring Program No. 106A and all documents submitted as part
of the public record on DSEIR form the Final Subsequent EIR for said Project as required by Section
15132 of the State Guidelines ( "FSEIR No. 332 "); and
WHEREAS, the City of Anaheim has prepared a draft Statement of Findings of Fact and a
Statement of Overriding Considerations relating to FSEIR No. 332 in conformance with the requirements
of CEQA and the State Guidelines; and
WHEREAS, the City of Anaheim desires and intends to use FSEIR No. 332 as the
environmental documentation required by CEQA and the State Guidelines for the above referenced
Project Implementation Actions and Discretionary Actions to the extent authorized by law; and,
WHEREAS, said FSEIR and Statement of Findings of Fact and Statement of Overriding
Considerations and the Discretionary Actions have been presented to and independently considered by
the Planning Commission of the City of Anaheim for review and consideration prior to the final approval
of, and commitment to, said Discretionary Actions; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim
Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 22, 2005, at 2:30 p.m., notice
of said public hearing having been duly given as required by law and in accordance with the provisions of
the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against
said FOR and the Discretionary Actions and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, said FSEIR and Statement of Findings of Fact and Statement of Overriding
Considerations and the Discretionary Actions will be scheduled for a duly noticed public hearing before
the Anaheim City Council.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim that the Planning Commission, based upon its review of the Project, FSEIR No. 332, and the
-2- PC2005-
Statement of Findings of Fact and Statement of Overriding Considerations, and having considered
evidence presented at the public hearing on said FSEIR and the Project, does hereby recommend that
the City Council, as lead agency for the Project, independently review and analyze FSEIR No. 332, and
unless additional or contrary information is received during the City Council's public hearing on the
Project, certify FSEIR No. 332 and adopt the attached Statement of Findings of Fact and Statement of
Overriding Considerations, a copy of which is attached hereto marked Exhibit 1 to this Resolution, and
which is incorporated herein by this reference as if set forth in full and determine that FSEIR No. 332 fully
complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as
the required environmental documentation for the Project, including the Project Implementation Actions
and Discretionary Actions to the extent authorized by law.
BE IT FURTHER RESOLVED that pursuant to Section 21081.6 of the Public Resources
Code, the Planning Commission hereby recommends that the City Council adopt that certain monitoring
program described as the "Updated and Modified Mitigation Monitoring Program No. 106K to mitigate or
avoid significant effects on the environment to ensure compliance during project implementation, a copy
of which is attached hereto marked Exhibit 2 to this Resolution, and which is incorporated herein by this
reference as if set forth in full.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 22, 2005. 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 and may be
replaced by a City Council Resolution in the event of an appeal.
r_\1111Ix.9i
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of 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 August 22, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1 2005-
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-3- PC2005-
FINDINGS OF FACT
AND STATEMENT
OF OVERRIDING
CONSIDERATIONS
THE PLATINUM
TRIANGLE MASTER
LAND USE PLAN
FINAL SUBSEQUENT
ENVIRONMENTAL
IMPACTREPORT
NO. 332
SCH # 2004121045
prepared for:
CITY OF ANAHEIM
Contact: Linda Johnson,
Principal Planner
prepared by:
THE PLANNING
CENTER
Contact: William
Halligan, Esq.
Director of Environmental
Services
AUGUST 22, 2005
FINDINGS OF FACT
AND STATEMENT
OF OVERRIDING
CONSIDERATIONS
THE PLATINUM
TRIANGLE MASTER
t IF 6'Ul1b9ff] /tl,`I
FINAL SUBSEQUENT
ENVIRONMENTAL
IMPACTREPORT
SCH # 2004121045
��
prepared for:
CITY OF ANAHEIM
City of Anaheim Contact: Linda Johnson
Planning Department Principal Planner
200 South Anaheim Boulevard
Anaheim, CA 92805
prepared by:
THE PLANNING
CENTER
1580 Metro Drive Contact: William
Costa Mesa, CA 92626 Halligan, Esq.
Tel: 714.966.9220 • Fax. 714.966.9221 Director of Environmental
E -mail: costamesa @planningcenter.com Services
Website: www.planningcenter.com
COA -23.OE
AUGUST 22, 2005
Table of Contents
��
The Platinum Triangle Final SEIR City of Anaheim • Page i
Findings of Fact and Statement of Overriding Considerations P.�MA- z3\EIRT.&WVPTfd.t ff trev8- 15 -05..
Table of Contents
1.
INTRODUCTION AND SUMMARY .......................................................... ............................1 -1
1.1
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS ............1
-1
1.2
ENVIRONMENTAL REVIEW PROCESS ............................................ ...............................
1 -3
1.3
PROJECT SUMMARY .......................................................................... ............................1
-4
1.4
DOCUMENT FORMAT ...................................................................... ...............................
1 -6
2.
FINDINGS
ON PROJECT ALTERNATIVES CONSIDERED IN THE SUBSEQUENT
EI R ........................................................................................................
............................... 2 -1
2.1
ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING /PROJECT
PLANNING PROCESS ......................................................................... ............................2
-1
2.2
ALTERNATIVES SELECTED FOR ANALYSIS ...................................... ............................2
-2
3.
FINDINGS
ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED
PROJECT
IDENTIFIED IN THE DEIR/ FEIR ............................................ ............................3 -1
3 .1
AESTHETICS ....................................................................................... ............................3
-1
3 .2
AIR QUALITY ........................................................................................ ............................3
-2
3.3
GEOLOGY AND SOILS ........................................................................ ............................3
-6
3.4
HAZARDS AND HAZARDOUS MATERIALS ..................................... ...............................
3 -8
3.5
HYDROLOGY AND WATER QUALITY ................................................ ...........................3
-11
3.6
LAND USE AND PLANNING ............................................................... ...........................3
-14
3 .7
NOISE ............................................................................................. ...............................
3 -14
3.8
POPULATION AND HOUSING ........................................................ ...............................
3 -16
3.9
PUBLIC SERVICES AND FACILITIES ................................................. ...........................3
-17
3.10
TRAFFIC AND CIRCULATION ......................................................... ...............................
3 -20
3.11
UTILITIES AND SERVICE SYSTEMS .................................................. ...........................3
-24
4.
STATEMENT OF OVERRIDING CONSIDERATIONS ............................. ............................4 -1
4.1
SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS ........................... ............................4
-1
4.2
CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING
CONSIDERATIONS ........................................................................... ...............................
4 -1
5 .
REFERENCES ......................................................................................... ............................5 -1
��
The Platinum Triangle Final SEIR City of Anaheim • Page i
Findings of Fact and Statement of Overriding Considerations P.�MA- z3\EIRT.&WVPTfd.t ff trev8- 15 -05..
Table of Contents
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Page ii • The Planning Center August 2005
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I. Introduction and Summary
The California Environmental Quality Act requires that a number of findings be made in connection with
certification of an environmental impact report. The following preliminary Statement of Findings of Fact
and Statement of Overriding Considerations for The Platinum Triangle Master Land Use Plan Final
Subsequent Environmental Impact Report No. 332 is submitted to the Planning Commission /City Council
for consideration. The document will be revised as appropriate to reflect evidence presented during the
public hearing process, project refinements, and the final actions taken by the City Council.
This document presents findings that must be made by the City of Anaheim prior to approval of the
project pursuant to Sections 15091 and 15093 of the California Environmental Quality Act (CEQA)
Guidelines and Section 21081 of the Public Resources Code. Under CEQA the Lead Agency (City of
Anaheim) is required to make written findings concerning each alternative and each significant
environmental impact identified in the Draft Environmental Impact Report (DSEIR) and Final Subsequent
Environmental Impact Report (FSEIR). The City of Anaheim may find that:
changes or alterations have been required in or incorporated into the project to avoid or
substantially lessen the significant environmental effects identified in the DSEIR /FSEIR;
such changes or alterations are within the purview and jurisdictions of another agency and have
been adopted, or can and should be adopted, by that agency; or
specific economic, social, or other considerations make infeasible the mitigation measures or
project alternatives identified in the DSEIR /FSEIR.
Each of these findings must be supported by substantial evidence in the administrative record. Evidence
from the DSEIR, FSEIR, mitigation monitoring program (MMP), and City's General Plan is used to meet ////��`//'''''''������..��.
these criteria. `
1.1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS !4�
The California Environmental Quality Act (CEQA) (Pub Resc. Code §§ 21000, et seq.) and the State
CEQA Guidelines (Guidelines) (14 Cal. Code Regs §§ 15000, et seq.) promulgated thereunder, require
that the environmental impacts of a project be examined before a project is approved. Specifically,
regarding findings, Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been
completed which identifies one or more significant environmental effects of the project
unless the public agency makes one or more written findings for each of those significant
effects, accompanied by a brief explanation of the rationale for each finding. The
possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant environmental effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can or should be, adopted by that other
agency.
3. Specific economic, legal, social, technological, or other considerations,
including considerations for the provision of employment opportunities for highly
trained workers, make infeasible the mitigation measures or alternatives identified
in the EIR.
The Platinum Triangle Final SEIR City of Anaheim • Page 1 -1
Findings of Fact and Statement of Overriding Considerations PAS A- z3\ErR�F+n&Wn TPTfnding IS - os.x
I. Introduction and Summary
(b) The findings required by subsection (a) shall be supported by substantial evidence in the
record.
(c) The finding in subsection (a) (2) shall not be made if the agency making the finding has
concurrent jurisdiction with another agency to deal with identified feasible mitigation
measures or alternatives.
(d) When making the findings required in subsection (a) (1), the agency shall also adopt a
program for reporting on or monitoring the changes which it has either required in the
project or made a condition of approval to avoid or substantially lessen significant
environmental effects. These measures must be fully enforceable through permit
conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other
materials which constitute the record of the proceedings upon which its decision is
based.
The "changes or alterations" referred to in Section 15091(a)(1) above, that are required in, or
incorporated into, the project which mitigate or avoid the significant environmental effects of the project,
may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or
environments.
Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides:
(a) CEQA requires the decision -maker to balance the benefits of a proposed project against
its unavoidable environmental risks in determining whether to approve the project. If the
benefits of a proposal project outweigh the unavoidable adverse environmental effects,
the adverse environmental effects may be considered "acceptable ".
(b) Where the decision of the public agency allows the occurrence of significant effects
which are identified in the final EIR but are not at least substantially mitigated, the agency
shall state in writing the specific reasons to support its action based on the final EIR
and/or other information in the record. This statement may be necessary if the agency
also makes a finding under Section 15091(a) (2) or (a) (3).
(c) If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the notice of
determination.
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I. Introduction and Summary
It should be noted that the Draft SEIR identified significant environmental Impacts that could not be
mitigated below a level of significance. Therefore, a Statement of Overriding Considerations is required
for the decision - makers to approve the project. The Statement of Overriding Considerations is provided
herein as Section 4.
Having received, reviewed and considered the Final Subsequent Environmental Impact Report for The
Platinum Triangle Master Land Use Plan, State Clearinghouse No. 2004121045 (FSEIR), as well as all
other information in the record of proceedings on this matter, the following Findings of Fact and
Statement of Overriding Considerations (Findings) are hereby adopted by the City of Anaheim (City) in
its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for current and
subsequent discretionary actions to be undertaken by the City and responsible agencies for the
implementation of The Platinum Triangle Master Land Use Plan and associated actions (Project).
FppF -I& W.' r"•].9i if l4F.'14714''/�: r�9
In conformance with CEQA, the State CEQA Guidelines and the City of Anaheim CEQA Guidelines, the
City of Anaheim conducted an extensive environmental review of the proposed Project. The
environmental review process has included the following:
• Completion of an Initial Study by the City of Anaheim, which concluded that a Subsequent EIR
should be prepared, and the Notice of Preparation (NOP) which was released for a 30 -day public
review period from December 10, 2004 to January 10, 2005. Section 2.3 of the DSEIR describes the
issues identified for analysis in the DSEIR through the Initial Study, Notice of Preparation and public
scoping process.
• Completion of a scoping process in which the public and public agencies were invited by the City of COO
Anaheim to participate. The scoping meeting for the SEIR was held on January 6, 2005.
Preparation of a Draft SEIR by the City of Anaheim, which was made available for a 45 -day public
review period (June 1, 2005 - July 15, 2005). The Draft SEIR consisted of two volumes. Volume I
contains the text of the Draft SEIR. Volume II contains the Appendices, including the NOP,
responses to the NOP and analysis of the following subjects: air quality, hazardous materials, noise,
transportation and circulation, water quality and supply, sewer, and drainage. The Appendices also
includes a description of the proposed amendments to the General Plan, The Platinum Triangle
Master Land Use Plan and PTMU Overlay Zone that are described in Section 1.3 (Project Summary)
below. Notice of the availability of the draft SEIR was sent to interested persons and organizations: it
was also published in one newspaper of general circulation, and was posted at the Office of the
Clerk of Orange County.
Preparation of a Final SEIR, including the Comments and Responses to Comments on the Draft
SEIR. The Final SEIR /Response to Comments contains the following: comments on the Draft SEIR;
responses to those comments; revisions to the Draft SEIR; and appended documents including an
Updated and Modified Mitigation Monitoring Program No. 106A which includes the measures set
forth in DSEIR NO. 332, as modified to reflect changes described in the Response to Comments.
The Final SEIR /Response to Comments was released for a 10 day public review period on August
12, 2005.
• Public hearings on the proposed Project including a Planning Commission hearing on August 22,
2005, and a City Council hearing on September 13, 2005.
The Platinum Triangle Final SEIR City of Anaheim • Page 1 -3
Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnd+ng ff t, 8 - I5 - 05.x
I. Introduction and Summary
1.3 PROJECT SUMMARY
Pursuant to Section 15162 of the CEQA Guidelines, the City of Anaheim proposes preparation of a
DSEIR to address the environmental impacts of the following actions associated with The Platinum
Triangle Master Land Use Plan:
Implementation of the adopted Platinum Triangle Master Land Use Plan, The Platinum Triangle
Mixed -Use (PTMU) Overlay Zone, The Platinum Triangle Standardized Development Agreement and
the Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle.
Implementation is intended to include, but not be limited to, the approval of subdivision maps,
grading permits, street improvement plans, final site plans, development agreements and other
related actions for properties located within The Platinum Triangle.
• General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) - Request for Planning
Commission to recommend to the City Council adoption of an amendment to the City of Anaheim
General Plan Land Use and Circulation Elements to provide for the following:
Land Use Element Request to (A) redesignate a 3.21 -acre property located at the southeast
corner of Orangewood Avenue and Rampart Street and further described as 2400 East
Orangewood Avenue ( "North Net Fire Training Center ") from the Office -High to the Mixed -Use
land use designation and (B) to provide for an additional 325 dwelling units and up to 210,100
square feet of additional commercial square footage in The Platinum Triangle Mixed -Use land
use designation. This amendment would increase the maximum overall residential density from
9,175 to 9,500 dwelling units and the maximum overall commercial density from 2,044,300 to
2,254,400 square feet.
Circulation Element Request to (A) redesignate a portion of Cerritos Avenue between State
College Boulevard and Douglass Road from a Primary Arterial Highway (six lanes divided with
no parking or four lanes divided with left turn pockets and two parking lanes with a typical right -
of -way width of 106 feet) to a Secondary Arterial Highway (four undivided lanes with parking on
either side with a typical right -of -way width of 90 feet) to be consistent with the Orange County
Master Plan of Arterial Highways and respective lane configurations; and (B) to provide for Gene
Autry Way between Betmor Lane and State College Boulevard to be up to 170 feet in width to
provide for the construction of the "Grand Parkway" (this segment of Gene Autry Way is
designated as a Primary Arterial with a current typical width of up to 106 feet).
Miscellaneous Case No. 2005-00115 - Request for Planning Commission to rescind in part,
Resolution No. PC2004 -83 and recommend that the City Council rescind in part, Resolution No.
2004 -180 pertaining to Reclassification No. 2004 -00127 in order to rescind resolutions of intent
pertaining to the reclassification of a 3.21 -acre property located at the southeast corner of
Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue
( "North Net Fire Training Center ") from the PR (Public Recreational) Zone to the O -H (High Intensity
Office) Zone.
• Reclassification No. 2004 -00134 - Request for Planning Commission to reclassify a 3.21 -acre
property located at the southeast corner of Orangewood Avenue and Rampart Street and further
identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center ") from the PR (Public
Recreational) Zone to the PR (PTMU) (Public Recreation - Platinum Triangle Mixed -Use Overlay)
Zone.
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I. Introduction and Summary
Miscellaneous Case No. 2005 -00089 (Amendment to The Platinum Triangle Master Land Use Plan) -
Request for Planning Commission to recommend to the City Council adoption of an amendment to
the PTMU Overlay Zone to incorporate the following: an adjustment to the boundaries of the mixed -
use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District
and add 325 units to said district (321 of said units would be designated for the North Net Fire
Training Center); a modification to the PTMU Overlay Zone commercial density to add 210,100
square feet of additional commercial square footage (190,100 square feet of this square footage
would be designated for future required ground floor commercial uses on Market Street and Gene
Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses
in the Katella District); and, additional technical refinements and clarifications, including, but not
limited to, refinements to street cross - sections and density descriptions to reflect the above -noted
changes and other City Code requirements.
Zoning Code Amendment No. 2004 -00036 - Request for Planning Commission to recommend to
the City Council adoption of an amendment to the PTMU Overlay Zone to incorporate the following:
an adjustment to the boundaries of the mixed -use districts to include the North Net Fire Training
Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said
units would be designated for the North Net Fire Training Center); a modification to the PTMU
Overlay Zone commercial density to add 210,100 square feet of additional commercial square
footage (190,100 square feet of this square footage would be designated for future required ground
floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts
and 20,000 square feet for other commercial uses in the Katella District); and, additional technical
refinements and clarifications, including, but not limited to, refinements to density descriptions to
reflect the above -noted changes and other City Code requirements.
• Miscellaneous Case No. 2005 -00114 (Amendment to The Platinum Triangle Standardized
Development Agreement) - Request for Planning Commission to recommend to the City Council
adoption of refinements to The Platinum Triangle Standardized Development Agreement to reflect
mitigation measure requirements set forth in the Updated and Modified Mitigation Monitoring
Program No. 106A, editorial refinements and updated fees.
• Table 1 -1 indicates the amended development intensities for the PTMU Overlay Districts.
The Platinum Triangle Final SEIR
Findings of Fact and Statement of Overriding Considerations
City ofAnaheim • Page 1 -5
PAS A- 23\EIR�Fin&Wrs TPTfindingoff¢trev8- 15 -05Ax
��
I. Introduction and Summary
Table 1 -1
The Platinum Triangle PTMU Overlay Zone
Proposed Development Intensities*
District
Housing Units
Office Square Feet
Commercial
Square Feet
Stadium
1,750
1,760,000
1,300,000
Arena
425
100,000
100,000
Katella
4,250
775,000
630,300
Gene Autry
1,000
100,000
174,100
Gateway
2,075
530,000
50,000
Total
9,500
3,265,000
2,254,400
Includes intensities associated with Arrowhead Pond of Anaheim and the Stadium uses per Area Development Plan No. 120 (Sportstown), which
also provided for a total of 119,543 seats for new and /or renovated stadiums and a 150,000 square foot exhibition center.
Overview of The Platinum Triangle Master Land Use Plan
The Platinum Triangle Master Land Use Plan serves as the blueprint for future development and street
improvements within The Platinum Triangle setting forth planning principals, development intensities,
conceptual street and park locations, potential new signalized intersection locations and streetscape
designs including landscaping, lighting fixtures, and street furniture (i.e., bus shelters). The Plan also
identifies the existing Amtrak /Metro link Station/Anaheim Regional Transportation Intermodal Center
(ARTIC).
On May 25, 2004, the Anaheim 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 intensity
for The Platinum Triangle to be 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 of 0.50
and institutional development at a maximum floor area ratio of 3.0. In addition, the square footage /seats
allocated to the existing Arrowhead Pond of Anaheim and all of the development intensity entitled by
Area Development Plan No. 120 were also incorporated into The Platinum Triangle Mixed -Use land use
designation. For purposes of environmental analysis, this DSEIR assumes that a total of 9,500 dwelling
units, 5,000,000 square feet of office space, and 2,254,400 square feet of commercial uses (including the
intensities associated with the Arrowhead Pond of Anaheim and the uses per Area Development Plan
No. 120) could be developed within The Platinum Triangle, consistent with adopted General Plan and
proposed amendments described above.
1.4 DOCUMENTFORMAT
This document summarizes the significant environmental impacts of the project, describes how these
impacts are to be mitigated, and discusses various alternatives to the proposed project which were
developed in an effort to reduce the remaining significant environmental impacts. All impacts are
considered potentially significant prior to mitigation unless otherwise stated in the findings.
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I. Introduction and Summary
This document is divided into the following five sections:
• Section 1.0
- Introduction and Summary;
• Section 2.0
- Findings on the Project Alternatives Considered in the Environmental Impact
Report;
• Section 3.0
- Findings on Potentially Significant Impacts of the Proposed Project Identified in the
DSEIR /FSEIR;
• Section 4.0
- Statement of Overriding Considerations;
• Section 5.0
- References.
Section 2.0, Findings on the Project Alternatives Considered in the Environmental Impact Report, presents
alternatives to the project and evaluates them in relation to the findings set forth in Section 15091(a) (3) of
the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or
more significant environmental effects if the project alternatives are found to be infeasible because of the
specific economic, social, or other considerations.
Section 3.0, Findings on Potentially Significant Impacts of the Proposed Project Identified in the
DSEIR /FSEIR, presents significant impacts of the proposed project that were identified in the FSEIR, the
mitigation measures identified in the Updated and Modified Mitigation Monitoring Program No. 106A
(dated August 2005), the findings for the impacts, and the rationales for the findings.
Section 4.0, Statement of Overriding Considerations, presents the overriding considerations for
significant impacts related to the project that cannot be or have not been mitigated or resolved. These
considerations are required under Section 15093 of the State CEQA Guidelines, which require decision ��`//'''��.�.
makers to balance the benefits of a proposed project against its unavoidable environmental risk in Q�
determining whether to approve the project.
Section 5.0, References, identifies all references cited in this document.
The Platinum Triangle Final SEIR
Findings of Fact and Statement of Overriding Considerations
City ofAnaheim • Page 1 -7
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I. Introduction and Summary
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2. Findings on Project Alternatives
The following discussion is intended to provide a summary of the alternatives considered and rejected in
The Platinum Triangle Subsequent EIR, including the "No- Project" /Existing MLUP Alternative, the
Reduced Intensity Alternative, and the Increased Residential Alternative.
2.1 ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING /PROJECT
PLANNING PROCESS
The following is a discussion of the alternatives considered during the scoping and planning process
and the reasons why they were not selected for detailed analysis in this SEIR. The feasibility of
developing the project on an alternative site was the only alternative reviewed and rejected during the
scoping /project planning process.
2.1.1 Alternative Sites
CEGA requires that the discussion of alternatives focus on alternatives to the project or its location which
are capable of avoiding or substantially lessening any significant effects of the project. The key question
and first step in the analysis is whether any of the significant effects of the project would be avoided or
substantially lessened by putting the project in another location. Only locations that would avoid or
substantially lessen any of the significant effects of the project need be considered for inclusion in the
EIR (Guidelines Sec. 15126(5)(B)(1)). In general, any development of the size and type proposed by the
project would have substantially the same impacts on aesthetics, air quality, land use /planning, noise,
population/ housing, public services, recreation, transportation /traffic and utilities /service systems.
Without a site specific analysis, impacts on aesthetics, biological resources, cultural resources, /�,
geology /soils, hazards and hazardous materials, hydrology /water quality and mineral resources cannot ` Q)
be evaluated. /
Where a previous document has sufficiently analyzed a range of reasonable alternative locations and
environmental impacts for projects with the same basic purpose, the lead agency should review the
previous document. The EIR may rely on the previous document to help it assess the feasibility of
potential project alternatives to the extent the circumstances remain substantially the same as they relate
to the alternative (Guidelines Sec. 15126(5)(B)(3)).
On May 25, 2004, the Anaheim City Council adopted the General Plan and Zoning Code Update for the
City of Anaheim. Through this comprehensive General Plan Update, the City reduced allowable densities
in the Hill and Canyon Area of the City which contained significant biological resources, and created a
Mixed Use land use designation in The Platinum Triangle, which allows the introduction of residential
units in this area through redevelopment of this predominantly industrial area. Therefore, through
preparation of the General Plan, the City identified the most environmentally sensitive areas for
permanent protection as open space. Less environmentally sensitive areas were designated for
development. As a result, the Project Area is designated for a mix of residential, office, and commercial
uses in accordance with the City's General Plan.
As the California Supreme Court indicated in its decisions in Citizens of Goleta Valley v. Board of
Supervisors, 52 Cal. 3d 553 (1990):
The general plan has been aptly described as the "constitution for all future developments" within
the city or county... "The propriety of virtually any local decision affecting land use and
development depends upon consistency with the applicable general plan and its elements. "... To
be sure, the general plan is not immutable, far from it. But it may not be trifled with lightly, as the
limitation on the number of amendments to the general plan in any calendar year attests." (Goleta,
at 570 -571)
The Platinum Triangle Final SEIR City of Anaheim • Page 2 -1
Findings of Fact and Statement of Overriding Considerations PAcon- 2\ErR�Fin&W�TPTh"e:ag ff t,"„s- IS -os. x
2. Findings on Project Alternatives
...in some circumstances, an EIR may consider alternatives requiring a site - specific amendment
of the general plan. However, an EIR is not ordinarily an occasion for the reconsideration or
overhaul of fundamental land use policy. (Goleta, at 573)
Consistent with the Supreme Court's interpretation of the role of the General Plan in framing CEQA
alternatives analysis, and in consideration of the General Plan Update, no alternative sites within the
jurisdiction of the City are considered to be feasible alternatives to the Proposed Project, since they
would not reduce the environmental impacts associated with the project. In addition, the mixed use
opportunities within The Platinum Triangle are directly related to its location adjacent to major
transportation facilities and activity centers, including the SR -57 and I -5 Freeways, Angel Stadium of
Anaheim, and Arrowhead Pond of Anaheim. Therefore, there are no available alternative sites which
could accommodate the Proposed Project.
The CEQA Guidelines indicate that an EIR must "describe a range of reasonable alternatives to the
project, or to the location of the project, which could feasibly attain most of the basic objectives of the
project but would avoid or substantially lessen any of the significant effects of the project, and evaluate
the comparative merits of the alternatives." [Guidelines Sec. 15126.6(a)] Accordingly, the alternatives
selected for review pursuant to this EIR focus on: (a) the specific General Plan policies pertaining to
project site; and, (b) alternatives that could eliminate or reduce significant environmental impacts to a
level of insignificance, consistent with the project objectives (i.e. the alternatives could impede to some
degree the attainment of project objectives, but still would enable the project to obtain its basic
objectives). The alternatives analyzed in the following sections include:
1. "No- Project" /Existing General Plan Alternative;
2. Reduced Intensity Alternative;
3. Increased Residential Alternative.
2.2.1 "No- Project %Existing MLUP Alternative
When the project is the revision of an existing land use or regulatory plan, policy, or ongoing operation,
the no- project alternative will be the continuation of the plan, policy, or operation into the future.
Therefore, the No Project/Existing Master Land Use Plan Alternative, as required by the CEQA
Guidelines, analyzes the effects of continued implementation of the City's existing Master Land Use Plan.
This alternative assumes that the existing Platinum Triangle Master Land Use Plan would remain
unchanged. The 3.21 -acre North Net Fire Training Center would retain its current designation of Office -
High instead of the proposed Mixed -Use land use designation. This alternative would also preclude the
proposed General Plan Amendment to provide for an additional 325 dwelling units and up to 210,100
square feet of additional commercial square footage in The Platinum Triangle Mixed -Use land use
designation. As a result, the No- Project/Existing Master Land Use Plan Alternative assumes a total of
9,175 dwelling units and a maximum overall commercial density of 2,044,300 square feet.
Finding: Alternative less than Desirable
The City Council finds that the "No- Project" /Existing Master Land Use Plan Alternative is less desirable
than the proposed project and rejects this Alternative for the following reasons:
• This alternative would not avoid or substantially lessen any of the Proposed Projects impacts.
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2. Findings on Project Alternatives
• This alternative would meet all of the project objectives identified in Section 3.2 of the FSEIR, but not
to the extent attained by the implementation of the Proposed Project.
• Unavoidable adverse impacts to air quality would still occur and adoption of a Statement of
Overriding Considerations would still be required.
2.2.2 Reduced Intensity Alternative
This alternative would reduce overall residential intensity within the project by 20 percent.
Implementation of this Alternative would result in a total of 7,600 residential units, 2,612,000 square feet
of office, and 1,803,520 square feet of commercial, as shown below. Other aspects of the Master Land
Use Plan including the Market Street, landscaping, and other improvements would remain similar to the
Proposed Project. The intent of this alternative is to reduce the impacts associated with implementation
of The Platinum Triangle Master Land Use Plan while achieving the goals and objectives established in
the City's General Plan.
Finding: Alternative less than Desirable
The City Council finds that the Reduced Intensity Alternative is less desirable than the proposed project
and rejects this Alternative for the following reasons:
• This alternative would satisfy most of the project objectives, but not to the extent of which can be
achieved by implementing the Proposed Project.
• Unavoidable adverse impacts to air quality would still occur and adoption of a Statement of Q�
Overriding Considerations would still be required.
2.2.3 Increased Residential Intensity Alternative
The Increased Residential Intensity Alternative would include 15,000 residential units, but would reduce
office square footage by approximately one million square feet and commercial square footage by
381,000 square feet. The resulting intensities would maintain overall traffic volumes at the same level as
with the Proposed Project. This alternative would increase residential development by 5,500 units,
although the proposed land use designations and boundaries would remain unchanged. However,
increased residential development could require increases in parkland dedication and increased school
demands. This alternative is not currently allowed by the General Plan, the adopted Master Land Use
Plan or the PTMU Overlay Zone, and would require amendments to said documents.
Finding: Alternative less than Desirable
The City Council finds that the Reduced Intensity Alternative is less desirable than the proposed project
and rejected this Alternative for the following reasons:
• This alternative would slightly increase impacts associated with public services and utilities /service
systems.
• This alternative would not reduce any impacts associated with the Proposed Project. It would
increase level of impacts on categories including aesthetics, land use /planning, public services,
recreation, and utilities and service systems.
• Unavoidable adverse impacts to air quality would still occur and adoption of a Statement of
Overriding Considerations would still be required.
The Platinum Triangle Final SEZR City ofAnaheim • Page 2 -3
Findings of Fact and Statement of Overriding Considerations PAcon- 2\ErR�Fin& ff t, 8- 15 -05.x
2. Findings on Project Alternatives
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3. Findings on Potentially Significant
Impacts
This section identifies the findings on impact categories analyzed in the DSEIR / FSEIR including
potentially significant impacts of the project.
3.1 AESTHETICS
Impact 5.1 -1 The Proposed Project would alter the visual appearance of the Project Area.
As discussed in the DSEIR, the Project Area is highly urbanized with industrial, commercial, and
recreational uses, but with no residential development. The existing development does not provide a
cohesive design and lacks a consistent landscape program. The existing industrial development does
not exhibit any significant visual resources. Development of the Project Area would result in an
intensification of the existing urban character of the Project Area through demolition or renovation of
existing structures and construction of new structures. New development would be of quality design in
conformance with The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone or other
applicable zoning designation.
As indicated previously, shadow lengths are dependent on the height and size of the building from which
it is cast and the angle of the sun. While the Project Area is developed with buildings that cast shadows,
the increased allowable height and density would result in increased shadow lengths and widths being
cast by the buildings. However, because the extent and duration of shadows cast by buildings
developed in The Platinum Triangle would depend on the actual design, bulk, height, and location of
structures in relation to open space and pedestrian areas, without the actual site plans and building
elevations, an attempt to evaluate the actual shade /shadow impacts in this DSEIR would be speculative,
thus not warranted. 50
Mitigation Measures:
Applicable Measure from MMP No. 106
There are no applicable measures relating to aesthetics identified in MMP No. 106.
Additional Mitigation
5.1 -1 As part of the Final Site Plan application, where adjacent uses are deemed to be shadow
sensitive (i.e., residential, recreational, outdoor restaurants, and pedestrian areas), the
property owner /developer for future development projects shall demonstrate that the
Proposed Project would not preclude shadow sensitive receptors' exposure to natural
sunlight for at least 50 percent of duration for the season, for at least 50 percent of the shade
sensitive area, to the satisfaction of the Planning Director.
Finding: The mitigation measures are feasible and avoid or substantially lessen potentially
significant aesthetic impacts to a less- than - significant level for the reasons set forth in the Draft
SEIR.
Impact 5.1 -2 The Proposed Project would generate additional light and glare.
The Platinum Triangle is envisioned as a regional activity center with entertainment, retail, high density
housing and office uses that require a certain level of after -hour nighttime lighting. Nighttime illumination
of buildings, pedestrian walkways, parking areas, park facilities, and roadways internal to the Project
The Platinum Triangle Final SEIR City ofAnaheim • Page 3 -1
Findings of Fact and Statement of Overriding Considerations PAcona3\ErR�Fin& ff t, 8- 15 -05.x
3. Findings on Potentially Significant
Impacts
Area will be used to highlight building design features, emphasize prominent entrances and plazas, and
create a feeling of security. Although a limited increase in nighttime light sources is anticipated, because
the Project Area is currently developed with urban uses and is not adjacent to any major open space
areas, the increase would not be considered significant.
Mitigation Measures:
No additional mitigation measures are required.
Finding: Since the project area is already developed and not located adjacent to sensitive uses, no
significant impacts are anticipated for the reasons set forth in the Draft SEIR.
3.2 AIR QUALITY
Impact 5.2 -1 Construction activities associated with the Proposed Project would generate short -
term emissions in exceedance of SCAQMD's threshold criteria.
Construction activities associated with new development occurring in the Project Area would temporarily
increase localized PM10, ROC, NOx, SOx, and CO concentrations in the project vicinity. The primary
source of construction- related ROC and NOx emissions is gasoline- and diesel - powered, heavy -duty
mobile construction equipment such as scrapers and motor graders. Primary sources of PM10
emissions would be clearing and demolition activities, excavation and grading operations, construction
vehicle traffic on unpaved ground, and wind blowing over exposed earth surfaces.
Mitigation Measures:
Applicable Measures from MMP No. 106:
5.2 -1 On -going during grading and construction, the property owner /developer shall be
responsible for requiring contractors to implement the following measures to reduce
construction - related emissions; however, the resultant value is expected to remain
significant.
a) The contractor shall ensure that all construction equipment is being properly serviced
and maintained to reduce operational emissions.
b) Where feasible, the contractor shall use alternative clean fuels such as electric - or
compressed natural, gas - powered construction equipment with oxidation catalysts instead
of gasoline - or diesel - powered engines. However, where diesel equipment has to be used
because there are no practical alternative, the construction contractor should use emulsified
diesel or low sulfur diesel, as defined in SCAQMD Rule 431.2., i.e., diesel with less than 15
ppm sulfur content.
c) The contractor shall utilize existing power sources (e.g., power poles) or clean -fuel
generators rather than temporary power generators where feasible.
5.2 -2 On -going during grading and construction, the property owner /developer shall implement
the following measures in order to reduce PM,, emissions:
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3. Findings on Potentially Significant
Impacts
a) The property owner /developer shall implement standard mitigation measures in
accordance with SCAQMD Rules 402 and 403, to control fugitive dust emissions and ensure
that nuisance dust conditions do not occur during construction.
b) In addition to the standard measures, the property owner /developer shall implement
supplemental measures as feasible to reduce fugitive dust emissions to the extent feasible
during construction operations. To assure compliance, the City shall verify compliance that
these measures have been implemented during normal construction site inspections. The
measures to be implemented are listed below:
• Re- establish ground cover on the construction site through seeding and watering.
• Pave on -site haul roads.
• Phase grading to prevent the susceptibility of large areas to erosion over extended
periods of time.
• Schedule activities to minimize the amounts of exposed excavated soil during and after
the end of work periods.
• Dispose of surplus excavated material in accordance with local ordinances and use
sound engineering practices.
• Restore landscaping and irrigation that are removed during construction in coordination
with local public agencies.
• Sweep streets on a daily basis if silt is carried over to adjacent public thoroughfares or
occurs as a result of hauling.
• Suspend grading operations during high winds in accordance with Rule 403
requirements. ��`//'''��.�.
• Wash off trucks leaving site. Q�
• Maintain a minimum 12 -inch freeboard ratio on haul trucks.
• Cover payloads on trucks hauling soil using tarps or other suitable means.
5.2 -3 Prior to approval of each grading plan (for Import/Export Plan) and prior to issuance of
demolition permits (for Demolition Plans), the property owner /developer shall submit
Demolition and Import/Export Plans. These plans shall include identification of off -site
locations for materials exported from the project and options for disposal of excess material.
These options may include recycling of materials on -site or to an adjacent site, sale to a soil
broker or contractor, sale to a project in the vicinity or transport to an environmentally
cleared landfill, with attempts made to move it within Orange County. The property
owner /developer shall offer recyclable building materials, such as asphalt or concrete for
sale or removal by private firms or public agencies for use in construction of other projects, i
not all can be reused at the project site.
5.2 -4 Prior to approval of each building permit, the property owner /developer shall submit
evidence that high - solids or water -based low emissions paints and coatings are utilized in
the design and construction of buildings, in compliance with SCAQMD regulations. To
ensure that volatile organic compounds (vOC) emissions from architectural coatings do not
exceed AQMD's significance thresholds for architectural coatings, the number of gallons of
coatings shall be restricted, to the maximum extent feasible, to the maximum daily coating
usage shown in Table 5.2 -9 of the SEIR. This information shall be denoted on the project
plans and specifications. Additionally, the property owner /developer shall specify the use of
high volume /low pressure spray equipment or hand application. Air atomized spray
techniques shall not be permitted. Where feasible, the paint contractor shall use hand
applications as well.
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Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnding ff t, 8 - 15 - 05.x
3. Findings on Potentially Significant
Impacts
5.2 -5 In accordance with the timing required by the Traffic and Transportation Manger, but no later
than prior to the first final Building and Zoning inspections, the property owner /developer
shall implement the following measures to reduce long -term operational CO, NO ROG, and
PM,, emissions:
• Traffic lane improvements and signalization as outlined in the traffic study and MPAH
shall be implemented as required by the Traffic and Transportation Manager.
• The property owner /contractor shall place bus benches and /or shelters as required by
the Traffic and Transportation Manager at locations along any site frontage routes as
needed.
Finding: Project related air quality impacts are considered a significant unavoidable adverse
impact and a Statement of Overriding Considerations is required.
Impact 5.2 -2: Long -term operation of the project would generate additional vehicle trips and
associated emissions.
Long -term air emission impacts are those associated with stationary sources and mobile sources related
to any change related to the Proposed Project. The proposed development would consist of 9,500
housing units, 3,265,000 square feet of office, and 2,254,400 square feet of commercial area. The
stationary source emissions from this land use would come from its consumption of natural gas and
electricity. Based on the traffic study prepared for this project by Parsons Brinckerhoff Quade & Douglas,
Inc. (April 2005), the Proposed Project would generate 269,878 average daily trips. Using the default
emission factors included in URBEMIS2002, emissions associated with project - related vehicular trips
were calculated and are included in Table 5.2 -7. As shown, project - related emissions would exceed the
SCAQMD daily emissions thresholds for CO, ROG, NOx, and PM, Mobile sources represent the largest
source of operational emissions for the project. Therefore, the Proposed Project's impact is considered
significant.
Mitigation Measures:
Applicable Measures from MMP No. 106:
5.2 -6 Prior to issuance of a building permit, implementation of energy conservation techniques (i.e.,
installation of energy saving devices, construction of electrical vehicle charging stations, use of
sunlight filtering window coatings or double -paned windows, utilization of light- colored roofing
materials as opposed to dark - colored roofing materials, and placement of shady trees next to
habitable structures) shall be indicated on plans.
Additional Mitigation:
5.2 -7 Prior to issuance of a building permit, the property owner /developer shall be responsible for the
placement of a note on the plans stating that to reduce the health impacts of air quality hazards
within The Platinum Triangle, placement of wood burning fireplaces in residential units shall be
prohibited. As an alternative to wood burning fireplaces, gas fireplaces may be used.
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3. Findings on Potentially Significant
Impacts
Finding: Project related air quality impacts are considered a significant unavoidable adverse
impact and a Statement of Overriding Considerations is required.
Impact 5.2 -3: The Proposed Project could expose sensitive receptors to substantial pollutant
concentrations.
The traffic analysis prepared by Parsons Brinckerhoff Quade & Douglas, Inc. (April 2005) evaluated the
future (2025) traffic conditions at six intersections in the project vicinity having high traffic volumes and
low levels of service. The traffic analysis evaluated the traffic conditions under four different land use
scenarios. Table 5.2 -8 in the DSEIR lists the CO concentrations that would result at the six intersections
for the 2025. As shown in Table 5.2 -8, none of the six intersections analyzed would have 8 -hour CO
concentration exceeding Federal and State standards of 9 ppm. The one -hour CO concentration at these
intersections would also be below the State standard of 20.0 ppm and below the Federal standard of 35
ppm. The Proposed Project would not have a significant impact on local air quality for CO, and no
mitigation measures would be required.
Mitigation Measures:
No mitigation measures are necessary.
Finding: Since the projected CO concentrations are below the State and Federal standards, no
significant impacts are anticipated for the reasons set forth in the Draft SEIR.
Impact 5.2 -4: The Proposed Project is consistent with the applicable air quality management plan.
CEQA requires that projects be consistent with the AQMP. A consistency determination plays an C
important role in local agency project review by linking local planning and individual projects to the
AQMP. It fulfills the CEQA goal of informing decision - makers of the environmental efforts of the project
under consideration at a stage early enough to ensure that air quality concerns are fully addressed. It
also provides the local agency with on -going information as to whether they are contributing to clean air
goals contained in the AQMP. Only new or amended General Plan elements, Specific Plans, and major
projects need to undergo a consistency review. This is because the AQMP strategy is based on
projections from local General Plans. Projects that are consistent with the local General Plan are
considered consistent with the air quality- related Regional Plan. The Master Land Use Plan is balanced
in that it provides for a wide -range of housing opportunities to serve future employees, thus has the
opportunity to reduce VMT. While the average daily trips would increase from 259,946 under the current
land use plan to 269,878 average daily trips under the project, compared to SCAG's 2004 RTP the
Master Land Use Plan would improve the job /housing ratio by introducing housing units into a major
regional employment center. As such, vehicle miles traveled under the Master Land Use Plan is expected
to be less than that forecast under the AQMP due to the incorporation of housing in a job rich area.
Therefore, the Proposed Project is considered consistent with the 2003 AQMP.
Mitigation Measures:
No mitigation measures are necessary.
Finding: Since the proposed project is consistent with the AQMP, no significant impacts are
anticipated for the reasons set forth in the Draft SEIR.
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Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnd+ng ff t�s z5 - o5.x
3. Findings on Potentially Significant
Impacts
Impact 5.2 -5: The Proposed Project would not create objectionable odors.
Project construction would involve the use of heavy equipment creating exhaust pollutants from on -site
earth movement and from equipment bringing asphalt and other building materials to the site. With
regards to nuisance odors, any air quality impacts would be confined to the immediate vicinity of the
equipment itself. By the time such emissions reach any sensitive receptor sites away from the project
site, they are typically diluted to well below any level of air quality concern. An occasional 'Whiff' of diesel
exhaust from passing equipment and trucks accessing the site from public roadways may result. Such
brief exhaust odors are an adverse, but not significant, air quality impact.
Mitigation Measures:
No mitigation measures are necessary.
Finding: Since the types and concentrations of odors are typical of residential communities, no
significant impacts are anticipated for the reasons set forth in the Draft SEIR.
3.3 GEOLOGYAND SOILS
Impact 5.3 -1: Existing and future structures within The Platinum Triangle would be subjected to
potential seismic - related hazards.
As with other developments in Southern California, development associated with the project, may be
exposed to impacts from earthquakes, including strong seismic ground shaking. The State regulates
development in California through a variety of tools that reduce or mitigate potential hazards from
earthquakes or other geologic hazards. The California Building Code (CBC), Unreinforced Masonry Law,
Alquist - Priolo Earthquake Fault Zoning Act and the State of California Seismic Hazards Mapping Act
govern development in potentially seismically active areas. The CBC contains provisions to safeguard
against major structural failures or loss of life caused by earthquakes or other geologic hazards.
Mitigation Measures:
Applicable Measures from MMP No. 106:
5.3 -1 Prior to approval of a grading plan, if within a Seismic Hazard Zone, the property
owner /developer shall submit to the Public Works Department a site specific report in
compliance with DMG Special Publication 117, Guidelines for Evaluating and Mitigating Seismic
Hazards in California. The report shall be prepared by an engineering geologist and
geotechnical engineer. All grading shall be in conformance with Title 17 of the City of Anaheim
Municipal Code.
5.3 -2 Prior to issuance of a building permit, the property owner /developer shall submit to the Planning
Department, Building Division, for review and approval, detailed foundation design information
for the proposed buildings, prepared by a civil engineer, based on recommendations of a
geo—technical engineer.
5.3 -3 Prior to issuance of a building permit, the property owner /developer shall submit to the Planning
Department, Building Division, a report prepared by a geotechnical engineer for review and
approval which shall investigate the subject foundation excavations.
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3. Findings on Potentially Significant
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5.3 -4 Prior to issuance of a building permit, the property owner /developer shall submit to the Planning
Department, Building Division, plans showing that the proposed structure(s) has been analyzed
for earthquake loading and designed according to the most recent seismic standards in the
Uniform Building Code adopted by the City of Anaheim.
5.3 -5 Prior to first final building and zoning inspection, for any proposed hotel uses including
condominium hotels, the property owner /developer shall submit an earthquake emergency
response plan to the City of Anaheim Planning Department, Building Division, for review and
approval. The plan shall require posted notices in all hotel rooms and earthquake safety
procedures and incorporate on -going earthquake training for hotel staff.
5.3.6 On -going during grading operations, the property owner /developer shall implement standard
practices relating to grading from City Ordinance (Title 17) and policies to the satisfaction of the
Public Works Department, Field Engineering Division.
Finding: The mitigation measures are feasible and avoid or substantially lessen potentially
significant geology and soils impacts to a less- than - significant level for the reasons set forth in the
Draft SEIR.
Impact 5.3 -2: Unstable geologic unit or soils conditions, including soil erosion, could result due to
development of the Droiect.
The majority of the Project Area enjoys a relatively flat topography and minimal potential for erosion
impacts. Development would be subject to local and State codes and requirements for erosion control ����,,,, ,,,,
and grading. In addition, project sites encompassing an area of one or more acres would require a_)
compliance with a National Pollutant Discharge Elimination System (NPDES) permit and consequently 4
the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). With
adherence to these codes and regulations and implementation of the General Plan Goals and Policies,
impacts would be reduced to below a level of significance.
Mitigation Measures:
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to soils and geology for the reasons set forth in the Draft SEIR.
Impact 5.3 -3: Soil conditions could result in risks to life or property.
Expansive soils are those possessing clay particles that react to moisture changes by shrinking (when
they dry) or swelling (when they become wet). Expansive soils can also consist of silty to sandy clay. The
extent of shrinking and swelling is influenced by the environment, such as alternating wet and dry cycles,
and by the amount of clay in the soil. This physical change in the soils can react unfavorably with
building foundations, concrete walkways, swimming pools, roadways, masonry walls, etc. The near-
surface soils within The Platinum Triangle are generally medium - dense, fine and fine -to- medium sand
with occasional traces of gravel and infrequent seams of silt. As a result, the expansion potential for
these soils is considered low.
Mitigation Measures:
No mitigation measures are necessary.
The Platinum Triangle Final SEIR City of Anaheim • Page 3 -7
Findings of Fact and Statement of Overriding Considerations PAcona3\ EIRE in&W�Trrhndngfft�s- zs -os.da
3. Findings on Potentially Significant
Impacts
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to soils and geology for the reasons set forth in the Draft SEIR.
3.4 HAZARDS AND HAZARDOUS MATERIALS
Impact 5.4 -1: Historic and on -going industrial activities could result in the release of hazardous
materials into the environment in close proximity to future residential uses.
The Platinum Triangle currently contains a variety of manufacturing, warehouse, and office uses,
including businesses that use or generate hazardous materials. The Platinum Triangle Master Land Use
Plan allows for the development of multi - family residential uses which are considered a sensitive land
use and may be impacted by any upset or accident involving the release of hazardous materials. Should
the project be located within 1,000 feet of a use that has the potential to release substantial amounts of
airborne hazardous materials, the project must comply with City requirements within the Good Neighbor
Program and provide a shelter -in -place program, as described below. With adherence to existing
ordinances and regulations, foreseeable upset and accident conditions involving the release of
hazardous materials are reduced to less than significant levels with implementation of the project.
Mitigation Measures:
Applicable Measures from MMP No. 106
5.4 -1 On -going during demolition and construction, in the event that hazardous waste is
discovered during site preparation or construction, the property owner /developer shall
ensure that the identified hazardous waste and /or hazardous material is handled and
disposed of in the manner specified by the State of California Hazardous Substances
Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the
requirements of the California Administrative Code, Title 30, Chapter 22. In addition, the
property owner /developer shall report the finding of hazardous waste to the Orange County
Health Care Agency and Anaheim Fire Department.
5.4 -2 On -going during project operation, the applicant shall handle and dispose of all hazardous
materials and wastes during the operation and maintenance of facilities in accordance with
the State codes identified in Mitigation Measure No. 5.4 -1 and under Anaheim Fire
Department supervision.
5.4 -3 Prior to issuance of the first residential building permit for each final site plan incorporating
residential units, the property owner /developer shall send a Notification Letter to businesses
in proximity to the project to inform them of the presence of the sensitive use (.e., residential
land uses). The letter shall request that the mixed -use project property owner /residents be
notified of any accident at the nearby businesses that may involve the release of hazardous
substances. The Good Neighbor Program shall also require that the project property
owner /developer prepare a Safety Plan, which shall be implemented and on -going during
project operation, that includes staff training, emergency tools, and first aid provisions,
supervision of children or other individuals in an emergency situation, and a shelter -in -place
program for instances when evacuation is not appropriate or practicable.
5.4 -4 Prior to the first final Building and Zoning inspection for each final site plan incorporating
residential units, the property owner /developer shall prepare and submit to the Planning
Department, Building Division, a Safety Plan, which shall be implemented and on -going
during project operation, that includes staff training, emergency tools, and first aid
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3. Findings on Potentially Significant
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provisions, supervision of children or other individuals in an emergency situation, and a
shelter -in -place program for instances when evacuation is not appropriate or practicable.
5.4 -5 Prior to final Building and Zoning inspections, for any residential project within 1,000 feet of a
use that has the potential to release substantial amounts of airborne hazardous materials,
the project property owner /developer shall submit a shelter -in -place program to the Planning
Department, Building Division, for review and approval. The shelter -in -place program shall
require the property owner /developer to purchase a subscription to a service that provides
"automated emergency notification" to individual residents (subject to meeting minimum
standards set by the City) of the project.
The shelter -in -place program shall include the following:
The property owner /developer shall be required to purchase a minimum 10 -year
subscription to such a service that would include periodic testing (at least annually).
• The CC &Rs for each individual project shall require that each property owner and /or
project Homeowners Association (HOA):
o Maintain a subscription following expiration of the initial purchased subscription.
o Maintain, in a timely manner, the database of resident phone numbers in
conjunction with the service.
Provide appropriate agencies (police, fire, other emergency response as QQ)
identified by the City) with information on how to activate the notification via the COO
service provider.
The CC &Rs for each individual project shall require that each resident provide the property
owner /HOA with a current phone number for the residence and /or individual residents. This
would include timely notification following the sale of a unit and would require notification if
the unit were rented or leased or subject to any other change in occupancy.
Additional Mitigation:
5.4 -6 Prior to issuance of grading permits for each development project, a Phase I Site
Assessment shall be prepared by the property owner /developer and submitted to the City of
Anaheim Public Works Department, Development Services Division, for review and approval.
If actual or potential impacts are identified by the Phase 1, a Phase 11 ESA will be completed
for the site by the owner /developer and the results will be submitted to the Planning
Department. During the Phase 11 ESA, samples from potential areas of concern will be
collected and submitted for laboratory analysis to confirm the nature and extent of potential
impacts. If hazardous materials are identified during the site assessments, the property
owner /developer shall notify the finding to the Anaheim Fire Department and the appropriate
response /remedial measures will be implemented in accordance with the directives of the
OCHCA and /or the Regional Water Quality Control Board (RWQCB), as appropriate. If soil is
encountered during site development that is suspected of being impacted by hazardous
materials, work will be halted and site conditions will be evaluated by a qualified
environmental professional. The results of the evaluation will be submitted to OCHCA and /or
RWQCB, and the appropriate response /remedial measures will be implemented, as directed
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3. Findings on Potentially Significant
Impacts
by OCHCA, RWQCB, or other applicable oversight agency, until all specified requirements of
the oversight agencies are satisfied and a no- further - action status is attained.
5.4 -7 Prior to issuance of a grading permit or a demolition permit for any building, an asbestos
survey shall be conducted and submitted to the Planning Department, Building Division, by
the property owner /developer. If the materials are found to contain asbestos fibers,
demolition shall be conducted in accordance with the remediation and mitigation
procedures detailed in Remediation Procedures Report, and in accordance with Federal,
State, and local law. Buildings constructed prior to 1973 shall be screened for lead -based
paint prior to demolition. If lead -based paint is identified, it shall be mitigated in accordance
with the procedures set forth in the Remediation Procedures Report.
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
hazards and hazardous materials impacts to a less- than - significant level for the reasons set forth
in the Draft SEIR.
Impact 5.4 -2: Several heliports are located in the vicinity of the Project Area, which may result in
hazards to future residents and workers within the Proiect Area.
Heliport safety hazards include hazards posed to aircraft from structures located within navigable
airspace and crash hazards posed by aircraft to people and property on the ground. The City seeks to
minimize public exposure to heliport - related risks primarily through minimizing the siting of incompatible
land uses surrounding the City's existing heliports. The primary risks associated with heliports are take-
offs and landings. The Airport Land Use Commission (ALUC) of Orange County assists local agencies to
ensure that there are no direct conflicts with land uses, noise or other issues that would impact the
functionality and safety of heliport operations. The ALUC requires local jurisdiction's general plans and
zoning ordinances to be consistent with Airport Environs Land Use Plans (AELUP's), which contain noise
contours, restrictions for types of construction and building heights in navigable air space, as well as
requirements impacting the establishment or construction of sensitive uses within close proximity to
airports and heliports. Following AELUP guidelines will help reduce hazards related to heliports within
the Project Area. No mitigation measures are necessary.
Mitigation Measures:
No mitigation measures are necessary
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to hazards related to operational heliports in the Project Area for the
reasons set forth in the Draft SEIR.
Impact 5.4 -3: Development in accordance with The Platinum Triangle Master Land Use Plan may
interfere with the adopted emergency response plan or emergency evacuation plan for the area.
The City of Anaheim has an emergency preparedness plan that complies with State law and interfaces
with other cities and counties within Southern California. The plan outlines the operations that shall be
taken in the event of a disaster. It also allows for coordination with other agencies in the event that
Anaheim is affected by a disaster elsewhere. The plan addresses a warning system, emergency
broadcast system (EBS), Emergency Operations Center (EOC), and shelter system. The plan provides a
foundation to conduct operations and coordinate the management of critical resources during
emergencies. It also provides the framework for which nongovernmental agencies and organizations that
have resources needed to meet emergency requirements are integrated into the program. The Proposed
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3. Findings on Potentially Significant
Impacts
Project would intensify land uses and alter the existing circulation patterns within the Project Area.
However, new development would be required to accommodate emergency vehicles. It is not
anticipated that the project would interfere with any emergency response or evacuation plans.
Furthermore, the City of Anaheim has several policies in place to minimize the risk to life and property
through emergency preparedness and public awareness. No mitigation measures are necessary.
Mitigation Measures:
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to the emergency response or emergency evacuation plan for the
reasons set forth in the Draft SEIR.
3.5 HYDROLOGYAND WATER QUALITY
Impact 5.5 -1: Development pursuant to the Proposed Project would alter the amount of
impervious surfaces on the site and may affect surface water flows into drainage systems within
the watershed.
Since the Project Area is primarily developed, the Proposed Project will not result in substantial increases
in the amount of impervious surfaces and is not expected to result in a significant increase in run -off
volumes. However, some areas of The Platinum Triangle are not currently served by adequate drainage
facilities. Future development within The Platinum Triangle will have to address the existing storm drain ��`//'''��.�.
deficiencies and incorporate into their plans additional local systems to meet the City's current drainage Q�
criteria in terms of street flooding limits and other surface flow parameters. Mitigation measures have
been identified below which will adequately mitigate the impacts associated with the Proposed Project.
Mitigation Measures:
Applicable Measure from MMP No. 106:
5.5 -1 Prior to issuance of a grading permit, the property owner /developer shall submit plans
documenting that the design of all aboveground structures (with the exception of parking
structures) shall be at least three feet higher that the 100 -year flood zone, where applicable,
unless otherwise required by the City Engineer. All structures below this level shall be flood -
proofed to prevent damage to property or harm to people.
Additional Mitigation:
5.5 -3 The City Engineer shall review the location of each project to determine if it is located within an
area served by deficient drainage facilities, as identified in The Platinum Triangle Drainage Study.
If the project will increase storm water flows beyond those programmed in the appropriate
master plan drainage study for the area or if the project currently discharges to an existing
deficient storm drain system or will create a deficiency in an existing storm drain, the property
owner /developer shall be required to guarantee mitigation of the impact to adequately serve the
area to the satisfaction of the City Engineer and City Attorney's Office. The property
owner /developer shall be required to install the drainage facilities, as required by the City
Engineer to mitigate the impacts of the proposed development based upon the Development
Mitigation within Benefit Zones (Appendix E of The Platinum Triangle Drainage Study), prior to
acceptance for maintenance of public improvements by the City or final Building and Zoning
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3. Findings on Potentially Significant
Impacts
inspection for the building /structure, whichever occurs first. Additionally, the property
owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for
the Project Area, as determined by the City Engineer, which could include fees, credits,
reimbursements, construction, or a combination thereof.
5.5 -4 The City shall work with the OCFCD to ensure that flood control facilities are well maintained and
plan facilities capable of accommodating, at a minimum, future storm flows meeting city
requirements for City owned and maintained facilities, and 100 -year storm flows for County
facilities. Where improvements to local drainage facilities have the potential to increase
discharges to County facilities, the City shall analyze potential impacts to County facilities in
consultation with the Manager, County of Orange Flood Control Division. Encroachment Permits
shall be obtained from the County's Public Property Permits Section for any activity performed
within OCFCD's right of way.
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
hydrology and water quality impacts to a less- than - significant level for the reasons set forth in the
Draft SEIR.
Impact 5.5 -2: Portions of the Project Area proposed for development are located within a 100 -year
flood hazard area.
The Project Area is located within a Federal Emergency Management Agency (FEMA) flood insurance
study area within Zone A99 and X designation. The majority of the Project Area is located in Zone X
which lies in a 100 -Year to 500 -Year Flood Zone with flooding below one foot. According to the Orange
County Flood Control District ( OCFCD), the Southeast Anaheim Channel and the Spinnaker Storm Drain
have been determined to be deficient to convey discharges associated with 100 -year storm event. In
addition to the widening of the Santa Ana River within the project vicinity, improvements completed
under the Santa Ana River Mainstem Project include construction of Seven Oaks Dam and
improvements to Prado Dam and downstream channel facilities. Flooding levels are expected to occur at
one foot. In accordance with the City of Anaheim's Flood Hazard Reduction Ordinance, future habitable
structures within The Platinum Triangle would be constructed outside the 100 -year flood zone. All future
projects within The Platinum Triangle must comply with all Federal and local regulatory requirements
associated with Flood Hazard areas. In addition, Mitigation Measure 5.5 -1 (previously described in
Section 3.5 (Hydrology and Water Quality)) has been identified to reduce impacts to the Proposed
Project.
Mitigation Measures:
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to hydrology and water quality for the reasons set forth in the Draft
SEIR.
Impact 5.5 -3: During the construction phase of the Proposed Project, there is the potential for
short-term unquantifiable increases in pollutant concentrations from the site. After project
development, the quality of storm run -off (sediment, nutrients, metals, pesticides, pathogens, and
hydrocarbons) may be altered.
Pollutant export could increase significantly during the project construction. Initial clearing and grading
operations during construction exposes much of the surface soils. Unless adequate erosion controls are
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installed and maintained at the site, significant quantities of sediment may be delivered to the
downstream receiving water, along with attached soil nutrients and organic matter.
Pollution associated with storm water and urban runoff affects the groundwater of Anaheim, as well as
neighboring jurisdictions throughout the region. The problem is particularly acute at the beginning of a
heavy rain storm, but can be a problem at any time due to the improper disposal of products associated
with home, garden and automotive maintenance. However, the General Plan incorporates various goals
and policies which would limit potential impacts relating to water quality.
Even without any mitigation, concentrations of all considered constituents are predicted to decrease for
the project under the proposed land use conditions as compared to existing conditions. The decreases
in concentrations are the result of changes in land use, which in general will result in less light industrial/
commercial and more mixed uses. With implementation of the recommended mitigation measures, these
pollutant concentrations are expected to further decrease and the project water quality impacts (if any)
fully mitigated. Therefore, with proper implementation of the recommended BMPs (structural and
nonstructural), project water quality conditions are expected to be better than existing conditions and
impacts would be less than significant.
Mitigation Measures:
Applicable Measure from MMP No. 106
5.5 -2 At least 90 days prior to the initiation of grading activities, for projects greater than five acres,
an NOI shall be filed with the RWQCB by the property owner /developer pursuant to State
and Federal NPDES requirements. As part of the NOI, a SWPPP shall be prepared. The
property owner /developer shall also prepare and submit to RWQCB, a Water Quality
Management Plan (WQMP) in accordance with the City's Municipal NPDES requirements
and the Orange County Drainage Area Management Plan. The SWPPP, in conjunction with
the WQMP, will describe the structural and nonstructural BMPs that will be implemented
during construction (short-term) within the Project Area as well as BMPs for long -term
operation of the Project Area. Long -term measures could include, but may not be limited to,
street sweeping, trash collection, proper materials storage, designated wash areas
connected to sanitary sewers, filter and grease traps, and clarifiers for surface parking areas.
The BMPs selected shall be consistent with the Water Quality Technical Report prepared for
the Proposed Project (Appendix G of SEIR No. 332).
Finding: Mitigation measure is feasible and avoids or substantially lessens potentially significant
hydrology and water quality impacts to a less- than - significant level for the reasons set forth in the
Draft SEIR.
Impact 5.5 -4: The project site is located within the inundation area of the Prado Dam.
The City of Anaheim is located within the Prado Dam inundation area. The Prado Dam and reservoir are
located approximately 2.5 miles east of Anaheim in Riverside County. Construction of Seven Oaks Dam
and improvements to the Prado Dam and downstream channel facilities are being implemented under
the Santa Ana Mainstream Project, constructed by the U.S. Army Corps of Engineers, Los Angeles
District. The downstream channel capacity has increased to over 30,000 cfs, in addition to an increase in
the storage and release capabilities. These improvements have enabled Prado Dam to take full
advantage of the improved channel capacity downstream and increase the level of flood protection to
communities within the Santa Ana River floodplain. As a result, only two small portions of the Project
Area are located within the 100 -year floodplain. On -going development within the Santa Ana River
��
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3. Findings on Potentially Significant
Impacts
watershed would alter existing drainage conditions and increase surface water flows. However, the large
majority of the watershed is already built -out. As a result, surface flows are not expected to increase
significantly. In addition, future projects will be required to provide necessary drainage improvements to
protect existing and future structures. As a result, no significant cumulative impacts to the Santa Ana
River watershed are anticipated.
Mitigation Measures:
No additional mitigation measures are required.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to hydrology and water quality for the reasons set forth in the Draft
SEIR.
3.6 LAND USE AND PLANNING
Impact 5.6 -1: Components of the Proposed Project would conflict with the existing General Plan
and zoning designations for the Project Area.
The Proposed Project involves approval of subdivision maps, grading permits, street improvement plans,
final site plans, development agreements and other related actions for properties located within The
Platinum Triangle Master Land Use Plan. In addition, the Proposed Project includes amendments to the
General Plan, Zoning Code and The Platinum Triangle Master Land Use Plan and a Zoning
Reclassification. Each future development application for development within The Platinum Triangle will
be reviewed by the City for consistency with the adopted General Plan, Zoning Code and The Platinum
Triangle Master Land Use Plan. This will ensure that future projects are consistent with the provisions of
these relevant planning programs.
Mitigation Measures:
No additional mitigation measures are required.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to land use and planning for the reasons set forth in the Draft SEIR.
3.7 NOISE
Impact 5.7 -1: Construction activities would result in temporary noise increase in the vicinity of the
Short -term noise impacts are impacts associated with demolition, site preparation, grading and
construction of the proposed land uses. Two types of short -term noise impacts could occur during
construction. First, the transport of workers and movement of materials to and from the site could
incrementally increase noise levels along local access roads. The second type of short -term noise
impact is related to noise generated at the job site during demolition, site preparation, grading and /or
physical construction.
The locations of construction for the developments envisioned by the Proposed Project would potentially
expose noise sensitive uses such as the Grove of Anaheim (concert hall) or future residential uses to
significant levels of short -term noise exposure from construction activities.
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Mitigation Measures:
Applicable Mitigation Measure from MMP No. 106:
5.7 -1 On -going and duration grading, demolition, and construction, the property owner /developer
shall be responsible for requiring contractors to implement the following measures to limit
construction - related noise.
a) Noise generated by construction, shall be limited by the property owner /developer to 60
dBA along the property boundaries, before 7 a.m. and after 7 p.m., as governed by
Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code.
b) Limit the hours of operation of equipment that produces noise levels noticeably above
general construction noise levels to the hours of 10 a.m. to 4 p.m.
c) All internal combustion engines on all of the construction equipment shall be properly
outfitted with well maintained muffler systems.
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
noise impacts to a less- than - significant level for the reasons set forth in the Draft SEIR.
Impact 5.7 -2: Project implementation would result in noise increases associated with the long-
term operation of the project.
The Proposed Project includes residential and commercial uses in The Platinum Triangle area which a _)
may be developed in close proximity or adjacent to industrial uses and may be impacted significantly if 4
these residences are located in close proximity to industries that emit substantial levels of noise. Any
siting of sensitive land uses within these contours then represents a potentially significant impact and
would require a separate noise study through the development review process to determine the level of
impacts and required mitigation.
Mitigation Measures:
Applicable Measure from MMP No. 106:
5.7.2 Prior to issuance of a building permit for any project generating over 100 peak hour trips, the
project property owner /developers shall submit a final acoustical report prepared to the
satisfaction of the Planning Director. The report shall show that the development will be
sound - attenuated against present and projected noise levels, including roadway, aircraft,
helicopter and railroad, to meet City interior and exterior noise standards.
Finding: Mitigation measure is feasible and avoids or substantially lessens potentially significant
noise impacts to a less- than - significant level for the reasons set forth in the Draft SEIR.
Impact 5.7 -3: The project may increase groundbourne vibration and groundboume noise.
Build -out of the Proposed Project could potentially expose vibration sensitive uses such as residences to
the impacts of groundborne vibration or noise levels. Increased exposure could occur through increased
vibration sensitive uses on lands within proximity to vibration generating activities. Specifically, vibration
created through construction and industrial activities or through the operation of motor vehicles and
railways could create potentially significant impacts on the residents of The Platinum Triangle.
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3. Findings on Potentially Significant
Impacts
Mitigation Measures:
No additional mitigation measures are required.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to noise for the reasons set forth in the Draft SEIR.
Impact 5.7 -4: The proximity of the project site to existing heliports would result in exposure of
future residents and workers to heliport- related noise.
The Airport Land Use Commission (ALUC) of Orange County was established to ensure that there are no
direct conflicts with land uses, noise, or other issues that would impact the functionality and safety of
airport and heliport operations. The ALUC requires that cities and counties general plans and zoning
ordinances are consistent with Airport Environs Land Use Plans (AELUPs), which contain noise contours,
restrictions for types of construction and building heights in navigable air space, as well as requirements
impacting the establishment or construction of sensitive uses within close proximity to airports. The
ALUC has established an AELUP that addresses heliport operations within cities and counties, and
which are applicable to the City of Anaheim.
Mitigation Measures:
Applicable Measure from MMP No. 106:
5.7 -3 New development project property owner /developers shall use the most current available
Airport Environs Land Use Plan ( AELUP) as a planning resource for evaluating heliport and
airport operations as well as land use compatibility and land use intensity in the proximity of
Los Alamitos Joint Training Base and Fullerton Municipal Airport
Finding: Mitigation measure is feasible and would avoid or substantially lessen potentially
significant noise impacts to a less- than - significant level for the reasons set forth in the Draft SEIR.
3.8 POPULATION AND HOUSING
Impact 5.8 -1: The Proposed Project would result in direct and indirect population growth due to
the introduction of additional housing units and employment opportunities.
Implementation of the Proposed Project could result in maximum build -out of 9,500 residential units,
3,265,000 square feet of office uses, and 2,254,400 square feet of commercial uses within The Platinum
Triangle, in addition to industrial development at a FAR of up to 0.50 and institutional development at a
FAR up to 3.0. Development of the residential units would result in direct population increases
associated with the increase in housing. In addition, indirect population increases may be associated
with job growth in The Platinum Triangle as office, commercial, industrial, and institutional uses are
developed. The Proposed Project is balanced in that it provides for a wide -range of housing
opportunities to serve future employees.
Mitigation Measures:
No additional mitigation measures are required.
Finding: The proposed project combined with other cumulative development in the area will result
in a potential cumulative impact on employment, housing, and population. This potential impact is
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3. Findings on Potentially Significant
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considered substantial, but not adverse, in light of the project's contribution to improved
jobs /housing balance and transportation demand management promoted by SCAG's regional
policies. Therefore, there are no significant unavoidable adverse impacts related to population
and housing for the reasons set forth in the Draft SEIR.
3.9 PUBLIC SERVICES AND FACILITIES
Fire Protection and Emergency Services
Impact 5.9 -1: Project implementation will increase demands on the Anaheim Fire Department,
including calls for service, station and equipment maintenance, training, fire prevention,
inspection and emeraencv medical services.
The Proposed Project will result in additional residential, and commercial /office development in the
Project Area and will increase the number of fire and medical service calls. Increased population, density
and usage generated by the Proposed Project may increase the need for emergency medical services,
ambulance transportation, and rescue operations, which may require additional fire equipment and fire
station modification or relocation. The Proposed Project will introduce new structures and residents/
workers into the Anaheim Fire Department service boundaries, thereby increasing the requirements for
fire protection facilities and personnel. However, there are sufficient strategies in place and in process to
address and accommodate those needs as they develop. According to the Anaheim Fire Department,
they can adequately serve future growth within The Platinum Triangle provided that all future
development complies with all applicable regulations, including payment of fire facilities fees.
Mitigation Measures:
Applicable Measure from MMP No. 106:
5.9 -1 Plans shall indicate that all buildings shall have fire sprinklers installed by the property
owner /developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be
installed prior to each final Building and Zoning inspection.
Police Protection
Impact 5.9 -2: The Proposed Project would introduce new structures, residents, and workers into
the Anaheim Police Department service boundaries, thereby increasing the requirement for police
protection facilities and personnel.
The Proposed Project will introduce additional residential, and commercial /office development in the
area which will increase traffic, usage, and population density to the service area. Such an increase will
add to the number of service calls received and the number of patrols and staff necessary to service the
area. While the increase in service levels may be significant, it is not considered beyond the capabilities
of the Anaheim Police Department and the existing strategies in place to expand the department as
needs arise.
Mitigation Measures:
Applicable Measures from MMP No. 106:
5.9 -2 The property owner /developer shall submit plans to the Anaheim Police Department for
review and approval for the purpose of incorporating safety measures in the project design
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3. Findings on Potentially Significant
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including the concept of crime prevention through environmental design (i.e., building
design, circulation, site planning and lighting of parking structure and parking areas).
Rooftop addresses shall be provided for all parking structures (for the police helicopter).
Minimum size for numbers shall be four feet in height and two feet in width. The lines for the
numbers shall be six inches thick and spaced 12 to 18 inches apart. All numbers shall have
a contrasting color to the parking structure and shall face the street to which the structure is
addressed.
5.9 -3 The property owner /developer shall submit plans to the Anaheim Police Department for
review and approval indicating the provision of closed circuit monitoring and recording or
other substitute security measures as may be approved by the Anaheim Police Department.
Said measures shall be implemented prior to final Building and Zoning inspections.
5.9 -4 The property owner /developer shall submit design plans that shall include parking lots and
parking structures with controlled access points to limit ingress and egress if determined to
be necessary by the Anaheim Police Department, and shall be subject to the reviews and
approval of the Anaheim Police Department.
5.9 -5 If the Anaheim Police Department or Anaheim Traffic Management Center (TMC) personnel
are required to provide temporary traffic control services, the property owner /developer shall
reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with
such services.
Finding: The mitigation measures are feasible and avoid or substantially lessens potentially
significant police services impacts to a less- than - significant level for the reasons set forth in the
Draft SEIR.
Impact 5.9 -3: The Proposed Project would generate additional students that would impact the
school enrollment capacities of area schools.
School Services
To assess the increased demand on school facilities, the ACSD uses a single student generation factor
calculated as part of the District's Fee Justification Study dated April 14, 2004. That student generation
factor is 0.397 per residential unit for all types of residential development projects. Using this generation
factor, residential development within the Project Area is anticipated to generate approximately 3,771
elementary school students within the ACSD. The AUHSD uses a student generation factor of 0.198 per
residential unit for high schools and 0.095 per residential unit for junior high schools for all types of
residential development projects. Using these generation factors, the Proposed Project is anticipated to
generate approximately 1,881 high school and 903 junior high school students within the AUHSD.
The generation factors used above, however, are based on the number of students expected to be gene-
rated from a single - family residential development, and therefore do not accurately reflect the probable
number of students that would be generated by the type of housing that would be offered by The
Platinum Triangle. The type of upscale urban project proposed within the Project Area tends to generate
fewer students for a number of reasons, including: 1) the majority of homes are one and two bedroom
units; 2) the sizes of the units are generally smaller than the typical single - family detached homes with an
equivalent number of bedrooms; and 3) there are other housing types in the area that are similar in cost
but are more family- oriented, providing better choices for families with children. Therefore, a student
generation rate of 0.08 is assumed in the Draft SEIR for 9,500 units resulting in a 760 K -12 student
increase in The Platinum Triangle.
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3. Findings on Potentially Significant
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Finally, the Proposed Project would be required to pay school impact fees to reduce any impacts to the
school system. Government Code Section 65595 establishes the allowable school impact fee, which
may be assessed upon commercial and residential development. Based on the current fee structure for
residential developments, construction can be assessed a maximum fee of two dollars and twenty -four
cents ($2.24) per square foot. Payment of school impact fees is considered sufficient to mitigate any
potential impacts to schools that may occur in the ACSD or the AUHSD, both districts would share in the
fees received.
It should also be noted that the number of students anticipated by the previously adopted Platinum
Triangle Master Land Use Plan (based on 9,125 dwelling units) was analyzed by FEIR No. 330, prepared
for the General Plan and Zoning Code Update, and no significant impacts relating to school services
were identified
Mitigation Measures:
Applicable Measure from MMP No. 106:
No significant impacts have been identified, however the following mitigation measure will be
incorporated to ensure that facilities are constructed or expanded to adequately serve future residents.
5.9 -6 The City of Anaheim will work cooperatively with school districts to identify sites for new
schools and school expansions in The Platinum Triangle.
Finding: Mitigation of school impacts will be achieved by payment of school fees established by
SIB 50 (Government Code Section 65995). Therefore, all impacts to school services remain less -
than- significant.
Library Services
Impact 5.9 -4: The Proposed Project would generate additional residents, increasing the service
needs of the local libraries.
The increase in population pursuant to the Proposed Project will increase demands for library
collections, staff, space, and services from this area of Anaheim. Currently, one in three Anaheim
residents has a library card and uses the public library. The Proposed Project would add a potential of
4,750 new borrowers to the Sunkist Branch service area. In addition, 760 new students are projected to
be a part of the population of The Platinum Triangle. Student use will expand demand on existing
collections staff, computers, programming and seating. The prospective demographic indicates
residents who are computer literate. This population is most likely to utilize remote electronic library
services. The growth in this population will increase licensing costs for electronic resources. Additional
funds to support increased demand for library services are required to maintain the current level of
community support. Initially, service will be provided by the Sunkist Branch Library which will require
additional materials, collections, and computers for the projected residents in The Platinum Triangle. As
usage expands, a location in The Platinum Triangle may be identified for focused service to area
residents. Pursuant to the terms of the Standard Development Agreement for The Platinum Triangle,
future property owners /developers will pay a Library Fee to the City of Anaheim, to offset the cost of
providing additional library services.
Mitigation Measures:
No additional mitigation measures are required.
50
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3. Findings on Potentially Significant
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Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to library services for the reasons set forth in the Draft SEIR.
Parks
Impact 5.9 -5: The Proposed Project would generate additional residents that would increase the
use of existing park and recreational facilities.
Implementation of the proposed Platinum Triangle Master Land Use Plan is anticipated to increase the
population in the project area by up to 14,250 residents. The City of Anaheim has a goal of providing
approximately two acres of parkland per 1,000 residents. As a result, an additional 30 acres of usable
parkland would be required to meet the City's standard. The proposed project would significantly
increase usage at existing parks and recreational facilities. Since demand for land in the project area is
high, pursuant to the terms of the Standard Development Agreement for The Platinum Triangle, for future
property owners /developers in the project area would be required to pay higher park -in -lieu fees to
provide the funding necessary for the development of future parks within the project area.
Mitigation Measures:
No additional mitigation measures are required.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to park services for the reasons set forth in the Draft SEIR.
3.10 TRAFFIC AND CIRCULATION
Impact 5.10 -1: Project - related trip generation would impact levels of service for the existing area
With existing lane geometry, the nine intersections shown on Table 5.10 -7 of DSEIR No. 332. operate at
LOS E or F in at least one peak hour with the Proposed MLUP land uses. Of these, the following four
represent significant adverse traffic impacts because the v/c increase is greater than 0.01:
• Manchester Avenue - 1 -5 Southbound at Katella Avenue
• State College Boulevard at Orangewood Avenue
• Howell Avenue at Katella Avenue
• Sportstown at Katella Avenue
LOS at the study intersections for the Proposed MLUP under the adopted General Plan lane
configurations is summarized in Table 5.10 -12 of the DSEIR, and the ICU calculation worksheets are
included in Appendix J. With the planned circulation improvements shown on Figure 5.10 -5, all study
intersections are projected to operate at LOS D or better in the a.m. peak hour, and all but one are
projected to operate at LOS D or better in the p.m. peak hour. In many cases, the planned lane geometry
is more than adequate to accommodate normal peak hour volumes. The additional lane capacity, in
combination with the traffic management strategies implemented for events at Angel Stadium of
Anaheim and Arrowhead Pond of Anaheim, provide the ability for the street system to carry the additional
peak hour traffic associated with an event at either venue.
The intersection projected to operate at LOS E in the p.m. peak with planned street improvements is
Santiago at Meats. Since the v/c increase at Santiago /Meats is 0.01, the intersection would not
experience a significant adverse traffic impact, so mitigation is not required.
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Mitigation Measures:
Applicable Measures from MMP No. 106:
5.10 -1 Prior to the issuance of grading or building permit, whichever occurs first, for new
development forecast to generate 100 or more peak hour trips, as determined by the City
Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip
Generation Rates, the property owner /developer shall be required to pay the City of Anaheim
for all costs associated with updating the applicable Transportation Model to include the
trips associated with their proposed development. This model update will be used to
determine and program the extent and phasing of improvements necessary to
accommodate the proposed development.
If the model demonstrates that the proposed development will cause an intersection to
operate at an unacceptable level of service (LOS "E" or 'T" depending on the location), the
property owner /developer shall be responsible for constructing its fair share of necessary
improvements to maintain acceptable levels of service at intersections within Anaheim and
surrounding municipalities for the anticipated theoretical build -out of the General Plan as
identified in the City's Circulation Element. The Public Works Department, Traffic and
Transportation Division, and Planning Department, Building Division, shall monitor these
measures.
5.10 -2 The property owner /developer shall implement and administer a comprehensive
Transportation Demand Management (TDM) program for all employees. Objectives of the ////��`//'''''''������..��.
TDM program shall be: ` Q)
• Increase ridesharing and use of alternative transportation modes by guests !4�
Provide a menu of commute alternatives for employees to reduce project- generated
trips.
• Conduct an annual commuter survey to ascertain trip generation, trip origin and
Average Vehicle Ridership.
Prior to final Building and Zoning inspection and on -going during project operation, the property
owner /developer shall provide a menu of TDM program strategies and elements for both
existing and future employees' commute options, to include, but not be limited to, the following:
• On -site service such as the food, retail, and other services be provided.
• Ridesharing. Develop a commuter listing of all employee members be developed for
the purpose of providing a "matching" of employees with other employees who live
in the same geographic areas and who could rideshare.
• Vanpooling. Develop a commuter listing of all employees for the purpose of
matching numbers of employees who live in geographic proximity to one another
and could comprise a vanpool or participate in the existing vanpool programs.
• Transit Pass. Southern California Rapid Transit District and Orange County Trans-
portation Authority (including commute rail) passes be promoted through financial
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assistance and on -site sales to encourage employees to use the various transit and
bus services from throughout the region.
• Shuttle Service. A commuter listing of all employees living in proximity to the project
be generated, and a local shuttle program offered to encourage employees to travel
to work by means other than the automobile. Event shuttle service will be available
for the guests.
• Bicycling. A Bicycling Program be developed to offer a bicycling alternative to
employees. Secure bicycle racks, lockers, and showers be provided as part of this
program. Maps of bicycle routes throughout the area be provided to inform potential
bicyclists of these options.
• Guaranteed Ride Home Program. A program to provide employees who rideshare,
or use transit or other means of commuting to work, with a prearranged ride home in
a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the
work shift.
• Target Reduction of Longest Commute Trip. An incentive program for ridesharing
and other alternative transportation modes to put highest priority on reduction of
longest employee commute trips.
• Stagger work shifts.
• Develop a "compressed work week" program, which provides for fewer work days
but longer daily shifts as an option for employees.
• Explore the possibility of a "telecommuting" program that would link some
employees via electronic means (e.g., computer with modem).
• Develop a parking management program that provides incentives to those who
rideshare or use transit means other than single- occupant auto to travel to work.
• Access. Preferential access to high occupancy vehicles and shuttles may be
provided.
• Financial Incentive for Ridesharing and /or Public Transit. (Currently, Federal law
provides tax -free status for up to $65 per month per employee contributions to
employees who vanpool or use public transit including commuter rail and /or express
bus pools.)
• Financial Incentive for Bicycling. Employees offered financial incentives for bicycling
to work.
• Special "Premium" for the Participation and Promotion of Trip Reduction.
Ticket /passes to special events, vacations, etc., be offered to employees who recruit
other employees for vanpool, carpool, or other trip reduction programs.
• Design incentive programs for carpooling and other alternative transportation modes
so as to put highest priority on reduction of longest commute trips.
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3. Findings on Potentially Significant
Impacts
5.10 -3 The property owner /developer of office /commercial uses shall join and financially participate
in a clean -fuel shuttle program, if established and, shall participate in the Anaheim
Transportation Network/Transportation Management Association in conjunction with the on-
going operation of the project.
5.10.4 The General Plan Circulation Element and associated Planned Roadway Network Map
(Figure C -1 of the General Plan), identifies those roadways that are planned to
accommodate current development and future growth established by the Land Use Element.
As determined by the Public Works Department, Traffic and Transportation Division,
roadways will be constructed as development occurs and as funding becomes available. In
addition to the roadways identified on the Planned Roadway Network Map, improvements
will be necessary to maintain acceptable levels of service within the anticipated theoretical
build -out identified in the General Plan.
5.10 -5 Appropriate Traffic Signal Assessment Fees, and Traffic Impact and Improvement Fees, and
Platinum Triangle Impact Fees shall be paid by the property owner /developer to the City of
Anaheim in amounts determined by the City Council Resolution in effect at the time of
issuance of the building permit with credit given for City- authorized improvements provided
by the property owner /developer; and participate in all applicable reimbursement or benefit
districts which have been established.
5.10 -6 The property owner /developer shall irrevocably offer for dedication (with subordination of
easements), including necessary construction easements, the ultimate arterial highway
right(s) -of -way as shown in the Circulation Element of the Anaheim General Plan adjacent to /�.
their property. 9�
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
traffic and circulation impacts to a less- than - significant level for the reasons set forth in the Draft
SEIR.
Impact 5.10 -2: The Proposed Project may result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that results in substantial safety risks.
The Airport Land Use Commission (ALUC) of Orange County assists local agencies to ensure that there
are no direct conflicts with land uses, noise, or other issues that would impact the functionality and safety
of heliport operations. The ALUC requires that local jurisdictions' general plans and zoning ordinances
are consistent with Airport Environs Land Use Plans (AELUPs), which contain noise contours, restrictions
for types of construction and building heights in navigable air space, as well as requirements impacting
the establishment or construction of sensitive uses within close proximity to airports and heliports.
Therefore, although implementation of The Platinum Triangle will allow development of various land
uses, including high rise residential uses in proximity to the existing heliports, such development would
initiate a review by the ALUC for compatibility. It is anticipated that following AELUP guidelines will help
reduce hazards related to heliports within the Project Area and the impacts would be less than
significant. No mitigation measures are necessary.
Mitigation Measures:
No additional mitigation measures are required.
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3. Findings on Potentially Significant
Impacts
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to air traffic pattern impacts for the reasons set forth in the Draft SEIR.
Impact 5.10 -3: The Proposed Project may result in inadequate emergency access.
Development of the Proposed Project would intensify the land uses and alter the existing circulation
patterns. However, the Circulation Element of the General Plan has been designed to provide and
maintain a comprehensive circulation system within the City at build -out, which includes the build -out of
The Platinum Triangle. Furthermore, as indicated previously, adequate levels of service (LOS D or better)
will be maintained in all intersections during peak hours. All vehicle access will be designed and
improved in accordance with the requirements of the City Engineer. Therefore, less than significant
impacts to emergency access are associated with the Proposed Project.
Mitigation Measures:
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to traffic and circulation impacts for the reasons set forth in the Draft
SEIR.
3.77 UTILITIES AND SERVICE SYSTEMS
Water Services
Impact 5.11 -1: Upgrades to the existing water supply and delivery system will be required to
adequately serve the Proposed Project.
Implementation of the Proposed Project would result in an increase of 1.425 mgd for 9,500 dwelling
units, 0.651 mgd for 3,256,940 square feet for office use, and 0.334 mgd for 1,669,052 square feet of
commercial use. Three alternatives were evaluated to supply the additional demand: 1) construction of a
1,500 GPM capacity well and pump station; 2) construct a 3,000 GPM capacity well and pump station,
thus providing additional redundancy to the water system; and 3) construct a 3,000 GPM well with a
1,500 GPM capacity pump station, which can be upgraded in the future if needed. Although the City staff
recommended alternative No. 3, construction of a 3,000 GPM well with a 1,500 GPM capacity pump
station, as its preferred alternative, implementation of any one of three options would ensure that
adequate water delivery system is provided for The Platinum Triangle. The City staff also determined that
all transmission main capacities as specified in Rule 15 -D are adequate to accommodate both 1,500
GPM and 3,000 GPM wells and no other water improvements other than a new well would be required to
provide water service to The Platinum Triangle. However, the City still needs to secure a suitable well site
in The Platinum Triangle.
Therefore, provided that a new well is constructed to meet additional 1,464 GPM water demand,
implementation of The Platinum Triangle Master Land Use Plan would not adversely impact the water
delivery system and the impacts would be less than significant.
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3. Findings on Potentially Significant
Impacts
Mitigation Measures:
Applicable Measures from MMP No. 106:
5.11 -1 Prior to issuance of a building permit, submitted landscape plans shall demonstrate
compliance with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This
ordinance is in compliance with the State of California Water Conservation in Landscaping
Act (AB 325).
Among the measures to be implemented with the project are the following:
• Use of water - conserving landscape plant materials wherever feasible;
• Use of vacuums and other equipment to reduce the use of water for wash down of
exterior areas;
• Low -flow fittings, fixtures and equipment including low flush toilets and urinals;
• Use of self - closing valves for drinking fountains;
• Use of efficient irrigation systems such as drip irrigation and automatic systems
which use moisture sensors;
• Infrared sensors on sinks, toilets, and urinals;
• Low -flow shower heads in hotels;
• Infrared sensors on drinking fountains;
• Use of irrigation systems primarily at night, when evaporation rates are lowest;
• Water- efficient ice machines, dishwashers, clothes washers, and other water using
appliances;
• Cooling tower recirculating system;
• Use of low flow sprinkler heads in irrigation system;
• Use of waterway re- circulation systems;
• Provide information to the public in conspicuous places regarding water
conservation; and
• Use of reclaimed water for irrigation and washdown when it becomes available.
In conjunction with submittal of landscape and building plans, the applicant shall identify
which of these measures have been incorporated into the plans.
5.11 -2 Prior to the issuance of the first building permit, the property owner /developer shall provide
engineering studies, including network analysis, to size the water mains for ultimate develop-
ment within the project. This includes detailed water usage analysis and building plans for
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50
3. Findings on Potentially Significant
Impacts
Public Utilities Water Engineering reviews and approval in determining project water
requirements and appropriate water assessment fees.
5.11 -3 Prior to the issuance of the first building permit or grading permit, whichever occurs first, the
property owner /developer shall indicate on plans installation of a separate irrigation meter
when the total landscaped area exceeds 2,500 square feet. (City of Anaheim Water
Conservation Measures)
5.11 -4 Prior to the issuance of the first building permit or grading permit, whichever occurs first, the
property owner /developer shall comply with (Rule 15D of the Water Utilities Rates, Rules,
and Regulations. Rule 15D shall be amended to include construction of a new well with a
minimum 1,500 GPM capacity within The Platinum Triangle.
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
water services impacts to a less- than - significant level for the reasons set forth in the Draft SEIR.
Wastewater Services
Impact 5.11 -2: Upgrades to existing wastewater facilities will be required to adequately serve the
project.
The City of Anaheim is served by a comprehensive sanitary sewer system and no wastewater would be
discharged impacting surface water or groundwater resources. Therefore, no exceedance of RWQCB's
wastewater treatment requirements is anticipated and the impacts to groundwater would be less than
significant.
A sewer study was prepared for the Proposed Project in October 2004 and revised in January 2005 by
Merit Civil Engineering, Inc. This study performed an analysis of the sewer system in The Platinum
Triangle and made recommendations for sewer improvements to meet the Proposed Project's increased
sewer demand. In most cases, existing area trunk sewers are either already at capacity or have been
previously allocated to future development. Therefore, existing sewer infrastructure within the study area
would not be capable of conveying the increase in wastewater generated by the proposed development
intensities. However, provided that listed improvements as summarized in SEIR No. 332 Table 5.11 -5,
Proposed Sewer Improvements, are completed, sewer impacts would be less than significant. The
necessary improvements would be implemented by the City and funded through The Platinum Triangle
Standardized Development Agreement.
Mitigation Measures:
Applicable Measure from MMP No. 106:
5.11 -5 The City Engineer shall review the location of each project to determine if it is located within an
area served by deficient sewer facilities, as identified in The Platinum Triangle Sewer Study. If
the project will increase sewer flows beyond those programmed in the appropriate master plan
sewer study for the area or if the project currently discharges to an existing deficient sewer
system or will create a deficiency in an existing sewer line, the property owner /developer shall
be required to guarantee mitigation of the impact to adequately serve the area to the
satisfaction of the City Engineer and City Attorney's Office. The property owner /developer shall
be required to install the sanitary sewer facilities, as required by the City Engineer to mitigate
the impacts of the proposed development based upon the Benefit Parcels and Development
Mitigation (Appendix D of The Platinum Triangle Sewer Study), prior to acceptance for
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3. Findings on Potentially Significant
Impacts
maintenance of public improvements by the City or final Building and Zoning inspection for the
building /structure, whichever occurs first. Additionally, the property owner /developer shall
participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as
determined by the City Engineer, which could include fees, credits, reimbursements,
construction, or a combination thereof.
Additional Mitigation:
5.11 -6 Prior to the approval and ongoing during construction of any street improvement plans within
The Platinum Triangle which encompass area(s) where OCSD will be upsizing trunk lines
and /or are making other improvements, the City and /or property owner /developer shall
coordinate with the OCSD to ensure that all improvements and construction schedules are
coordinated.
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
wastewater services impacts to a less- than - significant level for the reasons set forth in the Draft
SEIR.
Solid Waste Services
Impact 5.11 -3: Implementation of the Proposed Project will generate additional solid waste which
will further impact county landfills.
Development of the Proposed Project including 9,500 units, 3,265,000 square feet of office uses, and ��`//'''��.�.
2,254,400 square feet of commercial uses would increase the service demand on solid waste disposal Q�
beyond existing conditions and further impact the Olinda Alpha landfill and the City's solid waste
reduction and diversion programs. The estimated project site population is 14,250 (based on the City's
generation factor of 1.5 persons per unit within The Platinum Triangle), and the average solid waste
generated per person in Orange County is approximately 9.8 pounds per day. Therefore, total waste
generation from the Proposed Project site is estimated to be approximately 139,650 pounds per day or
69.8 tons per day. The estimated 69.8 tons of project waste requiring disposal daily represents
approximately 1.0 percent of the current total daily Olinda Alpha Landfill disposal amount. This amount
would increase the total daily inflow to Olinda Alpha landfill to approximately 7,069, which is within its
8,000 permitted daily limit. No significant impacts to Olinda Alpha or the IWMD's other landfills are
therefore expected to result from this project provided that the mitigation measures listed below are
incorporated into the Proposed Project.
Mitigation Measures:
Applicable Measures from MMP No. 106:
5.11 -8 The property owner /developer shall submit project plans to the Street and Sanitation
Division of the Public Works Department for review and approval to ensure that the plans
comply with AB939, and the Solid Waste Reduction Act of 1989, and the County of Orange
and City of Anaheim Integrated Waste Management Plans as administered by the City of
Anaheim. Implementation of said plan shall commence upon occupancy and shall remain in
full effect as required by the Street and Sanitation Division and may include, at its discretion,
the following plan components:
• Detailing the locations and design of on -site recycling facilities.
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3. Findings on Potentially Significant
Impacts
• Providing on -site recycling receptacles to encourage recycling.
• Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute
program as may be developed by the City.
• Facilitating cardboard recycling (especially in retail areas) by providing adequate
space and centralized locations for collection and bailing.
• Providing trash compactors for nonrecyclable materials whenever feasible to reduce
the total volume of solid waste and number of trips required for collection.
• Providing on -site recycling receptacles accessible to the public to encourage
recycling for all businesses, employees, and patrons where feasible.
• Prohibiting curbside pick -up.
• Ensuring hazardous materials disposal complies with Federal, State, and city
regulations.
5.11 -9 The following practices shall be implemented, as feasible, by the property owner /developer:
• Usage of recycled paper products for stationery, letterhead, and packaging.
• Recovery of materials, such as aluminum and cardboard.
• Collection of office paper for recycling.
• Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil,
batteries and scrap metal for recycling or recovery.
5.11 -10 The property owner /developer shall submit a Demolition and Import/Export Plans, if
determined to be necessary by the Public Works Department, Traffic Engineering Division
and /or Street and Sanitation Division. The plans shall include identification of off -site
locations for material export from the project and options for disposal of excess material.
These options may include recycling of materials on -site, sale to a broker or contractor, sale
to a project in the vicinity or transport to an environmentally cleared landfill, with attempts
made to move it within Orange County. The property owner /developer shall offer recyclable
building materials, such as asphalt or concrete for sale or removal by private firms or public
agencies for use in construction of other projects, if all cannot be reused on the project site.
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
solid waste services impacts to a less- than - significant level for the reasons set forth in the Draft
SEIR.
Electricity
Impact 5.11 -4: Upgrades to the existing facilities will be required to accommodate project
aenerated utilitv demands.
The City of Anaheim will provide service to the entire Platinum Triangle. The impact will include, but may
not be limited to, increasing conductor sizes, locating the conductors underground, installing new high
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3. Findings on Potentially Significant
Impacts
and low voltage conductors and installing new voltage transformation facilities. However, these impacts
are not considered significant and are within the expansion capabilities of the existing service due to
existing regulations, standard conditions and mitigation measures in place.
Mitigation Measures:
Applicable Measures from MMP No. 106:
5.11 -11 The property owner /developer shall submit plans showing that each structure will comply
with the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6,
Article 2, California Code of Regulations) and will consult with the City of Anaheim Public
Utilities Resource Efficiency Division in order to review Title 24 measures prior to each final
Building and Zoning inspection to incorporate into the project design including energy
efficient designs. This consultation shall take place during project design to incorporate into
the project design energy efficiency and allow potential systems alternatives such as thermal
energy storage air - conditioning and building envelope options.
5.11 -12 In order to conserve energy, the property owner /developer shall implement energy- saving
practices in compliance with Title 10, which may include the following:
• High- efficiency air - conditioning with EMS (computer) control.
• Variable Air Volume (VAV) air distribution. ///��`//''''''�����..��.
• Outside air (100 percent) economizer cycle. ` Q)
• Staged compressors or variable speed drives to flow varying thermal loads.
• Isolated HVAC zone control by floors /separable activity areas.
• Specification of premium- efficiency electric motors (i.e., compressor motors, air -
handling units, and fan -coil units).
• Use of occupancy sensors in appropriate spaces.
• Use of compact fluorescent lamps in place of incandescent lamps.
• Use of T -8 lamps and electronic ballasts where applications of standard fluorescent
fixtures are identified.
• Use of metal - halide or high - pressure sodium (high intensity discharge) lamps for
outdoor lighting and parking lots.
• Consideration of thermal energy storage air conditioning for hotel buildings, meeting
facilities, theaters, or other intermittent -use spaces or facilities that may require air -
conditioning during summer, day -peak periods.
• Consideration for participation in Resource Efficiency's Programs such as:
o New Construction Design Review, in which the City cost- shares engineering fees
for design of energy efficient buildings and systems.
The Platinum Triangle Final SEIR City of Anaheim • Page 3 -29
Findings of Fact and Statement of Overriding Considerations PAcona3\EIR�Fin& ff t, 8- 15 -05.da
3. Findings on Potentially Significant
Impacts
o Energy Sale for New Construction - Cash incentives ($150 to $400 per kW
reduction in load) for efficiency that exceeds Title 24 requirements.
o Thermal Energy Storage Feasibility Study - Cost sharing of up to $5,000 for the
feasibility study of TES applied to new facilities.
5.11 -13 For any buildings requiring a change in electrical service, the property owner /developer shall
install an underground electrical service from the Public Utilities Distribution System. The
Underground Service will be installed in accordance with the Electric Rules, Rates,
Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees
and other applicable fees will be assessed in accordance with the Electric Rules, Rates,
Regulations and Electrical Specifications for Underground Systems.
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
electricity services impacts to a less- than - significant level for the reasons set forth in the Draft
SEIR.
Natural Gas
Impact 5.11 -5: Further development of the Project Area would result in an increased demand for
natural aas services.
Future development of the Project Area would result in an increased demand for natural gas service.
This demand would be associated with the proposed land use changes and increase in residential,
commercial and office development. Gas service will be added to the existing system by SCG as
necessary to meet the requirements of individual development projects within the Project Area. SCG has
indicated that it will be able to supply the area with natural gas without impacting existing service. There
will be no significant impacts from the project to natural gas service.
Mitigation Measures
Applicable Measures from MMP No. 106:
No significant impacts have been identified; however, the following mitigation measure will ensure
compliance with Title 24 of the California Administrative Code.
5.11 -14 The property owner /developer shall submit plans for review and approval which shall
ensure that buildings are in conformance with the State Energy Conservation Standards
for Nonresidential buildings (Title 24, Part 6, Article 2, California Administrative Code).
Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant
natural gas services impacts to a less- than - significant level for the reasons set forth in the Draft
SEIR.
Telephone
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3. Findings on Potentially Significant
Impacts
Impact 5.11 -6: Upgrades to existing telephone service facilities may be necessary to adequately
serve the Proposed Project.
Development of individual projects within the Project Area will increase the demand on the telephone
service system; however, telephone service already exists in the Project Area and telephone facilities can
be upgraded without any significant impact on the environment.
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to telephone service impacts for the reasons set forth in the Draft SEIR.
Cable
Impact 5.11 -7: Upgrades to existing cable service facilities may be necessary to adequately serve
the Proposed Proiect.
Future development in the Project Area would result in increased demand for television reception and
cable service. During construction of street improvements, existing cable television facilities would need
to be relocated underground or otherwise redesigned in order to accommodate new accounts. Such
increase in demand and construction activity may create temporary disruption of television service in the
areas. However, the cable service provider has indicated they can serve the Project Area without any
impact to existing service. Q�
Mitigation Measures
No mitigation measures are necessary.
Finding: Adherence to the existing codes and regulations will prevent the occurrence of any
significant impacts related to cable service impacts for the reasons set forth in the Draft SEIR.
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3. Findings on Potentially Significant
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4. Statement of Overriding Considerations
CEQA requires the decision -maker to balance the benefits of the proposed project against its
unavoidable environmental risks in determining whether to approve the project. If the benefits of the
project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State
CEQA Guidelines Section 15093[a]). However, in this case CEQA requires the agency to support, in
writing, the specific reasons for considering a project acceptable when significant impacts are infeasible
to mitigate. Such reasons must be based on substantial evidence in the FSEIR or elsewhere in the
administrative record (State CEQA Guidelines Section 15093 [b]). The agency's statement is referred to
as a "Statement of Overriding Considerations."
The City of Anaheim is proposing to approve the Project Actions associated with The Platinum Triangle
(see the Project Summary in Section 1.3 of this document) and has prepared and certified a FSEIR that
satisfies the requirements of CEQA. The following adverse impacts of the project are considered
significant and unavoidable based on the DSEIR, FSEIR, MMP No. 106A, and the findings discussed
previously in Sections 2.0 and 3.0 of this document.
!l fE�[s7d117[�79d�iOd /aDL�7l �7a1 =1 ��aPP /4: �9�hUl �a[�3�
Air Quality
Construction activities associated with individual development projects in accordance with the
implementation of The Platinum Triangle Master Land Use Plan and associated actions could exceed
AQMDs significance thresholds.
The Goals and Policies contained in the proposed Platinum Triangle Master Land Use Plan are expected
to reduce emissions associated with future development. However, even after the application of these
` )
/
Goals and Policies, the proposed project is expected to generate emissions levels that exceed AQMDs
threshold criteria for CO, ROG, NO., and PM in the SCAB, which is classified as a non - attainment area.
As a result, project - related air quality impacts are considered a Significant Unavoidable Adverse Impact
and a Statement of Overriding Considerations must be adopted concurrent with project approval.
Although the project will result in significant regional air quality impacts, the proposed project is
consistent with AQMP and other regional plan strategies to reduce the number of trips and the length of
trips in the region, and to improve the balance between jobs and housing at the subregional level. The
AQMP recognizes that emissions due to trips and mode choices are not only a function of the
transportation system, but also relate to the proximity of housing and job - generating land uses, and
proximity of jobs to transportation infrastructure and transit.
The future CO emissions are projected to be in compliance with the 1 -hour and 8 -hour State and Federal
standards, and therefore, the local CO impacts due to all future scenarios are not considered to be
significant.
4.2 CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING
CONSIDERATIONS
Provision of needed housing.
Housing growth within the State and the Southern California region has trailed population and
employment growth rates for an extended period of time. In an effort to redress this mismatch between
population and housing growth, State law now mandates that jurisdictions throughout California must
plan to provide their fair share of regional housing needs. State law requires that each City must adopt a
Housing Element to be included in the City's General Plan to provide for the anticipated housing needs
The Platinum Triangle Final SEIR City of Anaheim • Page 4 -1
Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnd+ng ff t, 8 - 15 - 05.x
4. Statement of Overriding Considerations
of the jurisdiction, and a Land Use Element which zones sufficient land for residential uses at an
appropriate density to allow for the construction of the number of housing units which are specified in
the plans contained in the Housing Element. In developing the number of housing units that are
specified as the City's planning goal in the City's Housing Element of its General Plan, State law further
provides that the City must consider the regional housing needs developed by the State of California and
the allocation of these units to various jurisdictions by regional planning organizations. To this end,
California's Department of Housing and Community Development issues Regional Housing Need
Allocation (RHNA) targets for each jurisdiction based on state and regional growth projections. Each
jurisdiction must demonstrate in its Housing Element that it has made provisions in its General Plan for
production of its fair share of regional housing needs for the 2000 -2005 period.
The State's fair share housing program will issue updated RHNA targets every five years. Local
jurisdictions must update their Housing Elements to demonstrate that they will produce enough housing
to meet their RHNA targets for 2006 -2010, 2010 -2015, 2015 -2025 and each successive 5 -year period.
The RHNA targets assigned by HCD will reflect state and regional growth forecasts and not necessarily
local forecasts or general plans.
The proposed project contributes to the City's ability to meet its projected fair share housing production
obligations in the 2006 -2025 period, and helps insure a better long -term balance between jobs and
housing within the City. In order to provide the amount of land necessary to produce the housing units
that the City has established as its goal in the Housing Element and that the City expects will be required
under the RHNA process, the City must provide for increased housing opportunities within The Platinum
Triangle.
Improvement of the City's jobs/housing balance.
The proposed project contributes to a more balanced jobs /housing ratio consistent with both regional
and City General Plan policies. The proposed project is located near existing transportation and transit
facilities and near major regional job concentrations and is organized in a manner conducive to walking,
biking and transit alternatives to automobile travel in accordance with Southern California Association of
Governments (SCAG) policies. The flat, buildable character of the proposed project area further
contributes to providing higher density housing and more housing opportunities for workers within the
City, rather than trying to satisfy the City's housing needs in more isolated locations without
transportation and transit access or proximity to jobs, or on more difficult terrain that requires expensive
construction techniques. These siting advantages will provide balance between employment, retail and
residential uses; a range of housing opportunities, reduced traffic congestion, and lower emissions due
to congestion. The Platinum Triangle meets these specific objectives for the provision of additional
housing opportunities.
Consistency with AQMP Land Use Strategies
Although the proposed Platinum Triangle Master Land Use Plan will result in significant air quality
impacts, the project is consistent with the Regional Comprehensive Plan and Guide (RCPG) and AQMP
land use strategies to reduce the number of trips (i.e., through encouraging HOV usage) and the length
of trips (i.e., by reducing regional VMT by reducing home -to -work commute distances through
jobs /housing balance policies). The assumptions regarding land use -based air quality measures is that
trips and mode choices are not only a function of the transportation system, but also relate to housing
density, relative locations of residential and commercial land uses, and the proximity to regional
transportation systems.
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4. Statement of Overriding Considerations
The proposed project improves the jobs /housing balance of the Orange County Subregion, which is
presently identified by SCAG as "jobs- rich." Providing a wide -range of housing opportunities closer to
areas with concentrated employment centers will provide people with the opportunity to live closer to
their work, resulting in fewer VMT and less traffic congestion. Without implementation of The Platinum
Triangle Master Land Use Plan, housing demand generated by Orange County employment increases
would have to be met by areas such as Riverside and San Bernardino Counties which would result in an
increase in regional VMT, increased congestion, and corresponding increases in CO, ROG, NOx and
PM10 emissions from mobile sources. Therefore, as discussed previously, the proposed project
promotes regional RCPG and AQMP attainment policies relating to jobs /housing balance and the
promotion of HOV /transit use by introducing a wide -range of housing opportunities within The Platinum
Triangle.
Implements the Objectives Established for the Project
The proposed Platinum Triangle Master Land Use Plan implements the various objectives established for
the project, including the following:
• Provide for the development of the Project Area consistent with the City's General Plan and The
Platinum Triangle Master Land Use Plan.
• Provide for a wide range of housing opportunities in close proximity to jobs and a regional
transportation center, consistent with regional growth management policies.
• Provide a mix of quality, high - density urban housing that is integrated into the area through
carefully maintained pedestrian streets, transit connections, and arterial access.
• Provide for additional commercial uses in close proximity to existing and future residential
development.
• Provide appropriate infrastructure to serve the level of development envisioned by The Platinum
Triangle Master Land Use Plan.
• Encourage extensive office development along the highly visible periphery of the area to provide
a quality employment center.
• Identify and pursue opportunities for open space areas that serve the recreational needs of The
Platinum Triangle residents and employees.
Conclusion
For the foregoing reasons, the City of Anaheim concludes that implementation of The Platinum Triangle
Master Land Use Plan and the associated project actions will result in a beneficial mix of residential,
commercial, industrial, institutional, recreation and open space uses providing significant housing,
recreational, and public services benefits of local and regional significance, as well as various public
infrastructure improvements, which outweigh the unavoidable environmental impacts. Therefore, the
City of Anaheim has adopted this Statement of Overriding Considerations.
The Platinum Triangle Final SEIR
Findings of Fact and Statement of Overriding Considerations
City ofAnaheim • Page 4 -3
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4. Statement of Overriding Considerations
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Page 4 -4 • The Planning Center August 2005
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5. References
The following reference materials were reviewed to obtain information included in or considered during
the preparation of this environmental impact report. To arrange for the review one or more of these
references, please contact the agency listed or Linda Johnson, Principal Planner, City of Anaheim
Planning Department, at (714) 765 -5139 extension 5790.
1. California Department of Conservation, Division of Mines and Geology. Seismic Hazard Zone Report
for the Anaheim 7.5- Minute Quadrangle, Orange County, California. 1998.
2. California Department of Water Resources. South Coast Hydrologic Region, Coastal Plain of Orange
County Groundwater Basin. California Groundwater Bulletin 118. February 27, 2004.
3. California Integrated Waste Management Board. Jurisdictional Landfill Overview. California Waste
Stream Profiles. 2004.
4. California Integrated Waste Management Board. California Waste Stream Profiles, Jurisdiction Profile
for City of Anaheim. 2004.
5. California Stormwater Quality Association (CASQA). New Development and Redevelopment
Handbook. January 2003.
6. City of Anaheim. City of Anaheim Flood Plain Map. July 22, 2004.
7. City of Anaheim. City of Anaheim General Plan. Updated May 25, 2004.
8. City of Anaheim. City of Anaheim General Plan EIR No. 330. Certified May 25, 2004.
9. City of Anaheim. Anaheim Zoning Code. May 25, 2004. C
10. City of Anaheim. Hydraulic Network Analysis for the City of Anaheim Platinum Triangle. February 11,
2005.
11. City of Anaheim. The Platinum Triangle Master Land Use Plan. August 23, 2004.
12. County of Orange. County of Orange General Plan. July 2000.
13. FEMA. Flood Insurance Rate Map No. 06059C0142H. February 18, 2004.
14. Global Geo- Engineering, Inc. Modified Transaction Screen Process Report (Phase 0) - The Platinum
Triangle. January 2005.
15. Merit Civil Engineering, Inc. The Platinum Triangle Drainage Study. September 2004.
16. Merit Civil Engineering, Inc. The Platinum Triangle Sewage Study. First Revision January 2005.
17. Parsons Brinckerhoff Quade & Douglas, Inc. Traffic Study for The Platinum Triangle Master Land Use
Plan EIR. April 5, 2005.
18. PSOMAS. The Platinum Triangle Water Supply Assessment. February 2005.
19. PSOMAS. Water Quality Technical Report for Platinum Triangle Project. February 2005.
20. SCAQMD. South Coast AQMD CEQA Air Quality Handbook, 1993.
The Platinum Triangle Final SEIR City of Anaheim • Page 5 -1
Findings of Fact and Statement of Overriding Considerations RAcoA- z3\EIR�F+n&Wn TRTfnding 15 - 05.x
5. References
21. US Army Corps of Engineers, Los Angeles District Reservoir Regulation Section. Prado Dam
Emergency Plan Inundation Map, Plate 2. August 1985.
Page 5 -2 • The Planning Center August 2005
P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A.
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106A
FOR
10:I=111JA_11010 DLyA00:U_10[C] 4=1
CEQA Action Environmental Impact Report Nos. 321, 330, and 332
Project Description —The Platinum Triangle Master Land Use Plan and associated actions.
Terms and Definitions
2. Property Owner /Developer — Any owner or developer of real property on the Anaheim Stadium property and /or identified outlying parcels.
3. Environmental Equivalent/Timing — Any Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result
and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments,
shall determine the adequacy of any proposed "environmental equivalent /timing" and, if determined necessary, may refer said determination to the Planning
Commission. Any costs associated with information required in order to make a determination of environmental equivalency /timing shall be borne by the
property owner /developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted fee schedule.
4. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first
point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional
monitoring pursuant to the Mitigation Monitoring Program will occur because routine City practices and procedures will ensure that the intent of the measure
has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with
the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance.
5. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all
departments listed for each mitigation measure.
6. On -going Mitigation Measures — The mitigation measures that are designated to occur on an on -going basis as part of this mitigation monitoring program
will be monitored in the form of an annual letter from the property owner /developer in January of each year stating how compliance with the subject
measures(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be
deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "On -going During Construction," the annual letter will
review those measures only while construction is occurring. Monitoring will be discontinued after construction is completed.
7. Building Permit — For purposes of this mitigation monitoring program, a building permit shall be defined as any permit issued for construction of a new
building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor
additions to an existing structure or building.
3/19/04 — Rev. 05/19/05
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
AESTHETICS
5.1 -1
As part of the Final
As part of the Final Site Plan application, where adjacent uses are deemed to be
Planning
Site Plan
shadow sensitive (i.e., residential, recreational, outdoor restaurants, and pedestrian
Department,
Application
areas), the property owner /developer for future development projects shall
Building Division
demonstrate that the Proposed Project would not preclude shadow sensitive
receptors' exposure to natural sunlight for at least 50 percent of duration for the
season, for at least 50 percent of the shade sensitive area, to the satisfaction of the
Planning Director.
AIR QUALITY
5.2 -1
On -going during
On -going during grading and construction, the property owner /developer shall be
South Coast Air
grading and
responsible for requiring contractors to implement the following measures to reduce
Quality
construction
construction - related emissions, however, the resultant value is expected to remain
Management
significant.
District;
a) The contractor shall ensure that all construction equipment is being
Public Works
properly serviced and maintained to reduce operational emissions.
Department, Field
Engineering Division
b) Where feasible, the contractor shall use alternative clean fuels such as
electric- or compressed natural, gas - powered construction equipment with
oxidation catalysts instead of gasoline- or diesel - powered engines.
However, where diesel equipment has to be used because there are no
practical alternatives, the construction contractor should use emulsified
diesel or low sulfur diesel, as defined in SCAQMD Rule 431.2., i.e., diesel
with less than 15 ppm sulfur content.
c) The contractor shall utilize existing power sources (e.g., power poles) or
clean -fuel generators rather than temporary power generators where
feasible.
5.2 -2
On -going during
On -going during grading and construction, the property owner /developer shall
South Coast Air
grading and
implement the following measures in order to reduce PM emissions.
Quality
construction
a) The property owner /developer shall implement standard mitigation
Management
measures in accordance with SCAQMD Rules 402 and 403, to control
District,
fugitive dust emissions and ensure that nuisance dust conditions do not
Public Works
occur during construction.
Department, Field
Engineering
b) In addition to the standard measures, the property owner /developer shall
Division,
implement supplemental measures as feasible to reduce fugitive dust
Planning
emissions to the extent feasible during construction operations. To assure
Department,
compliance, the City shall verify compliance that these measures have
Planning Division
been implemented during normal construction site inspections. The
measures to be implemented are listed below:
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
• Reestablish ground cover on the construction site through seeding
and watering.
• Pave onsite haul roads.
• Phase grading to prevent the susceptibility of large areas to
erosion over extended periods of time.
• Schedule activities to minimize the amounts of exposed excavated
soil during and after the end of work periods.
• Dispose of surplus excavated material in accordance with local
ordinances and use sound engineering practices.
• Restore landscaping and irrigation that are removed during
construction in coordination with local public agencies.
• Sweep streets on a daily basis if silt is carried over to adjacent
public thoroughfares or occurs as a result of hauling.
• Suspend grading operations during high winds in accordance with
Rule 403 requirements.
• Wash off trucks leaving site.
• Maintain a minimum 24 -inch freeboard ratio on haul trucks.
• Cover payloads on trucks hauling soil using tarps or other suitable
means.
5.2 -3
Prior to the
Prior to the approval of each grading plan (for Import /Export Plan) and prior to
Planning
approval of each
issuance of demolition permits (for Demolition Plans), the property owner /developer
Department,
grading plan (for
shall submit Demolition and Import /Export Plans. These plans shall include
Building Division
Import /Export Plan)
identification of off -site locations for materials exported from the project and options
and prior to
for disposal of excess material. These options may include recycling of materials
issuance of
onsite or to an adjacent site, sale to a soil broker or contractor, sale to a project in
demolition permits
the vicinity or transport to an environmentally cleared landfill, with attempts made to
(for Demolition
move it within Orange County. The property owner /developer shall offer recyclable
Plans)
building materials, such as asphalt or concrete for sale or removal by private firms
or public agencies for use in construction of other projects, if not all can be reused
at the project site.
5.2 -4
Prior to the
Prior to the approval of each building permit, the property owner /developer shall
South Coast Air
approval of each
submit evidence that high - solids or water -based low emissions paints and coatings
Quality
building permit
are utilized in the design and construction of buildings, in compliance with
Management District
SCAQMD regulations. To ensure that volatile organic compounds (VOC)
emissions from architectural coatings do not exceed AQMDs significance
thresholds for architectural coatings, the number of gallons of coatings shall be
restricted, to the maximum extent feasible, to the maximum daily coating usage
identified in Table 5.2 -9 of the SEIR. This information shall be denoted on the
project plans and specifications. Additionally, the property owner /developer shall
specify the use of high volume /low pressure spray equipment or hand application.
Air atomized spray techniques shall not be permitted. Where feasible, the paint
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
contractor shall use hand applications as well.
5.2.5
In accordance with
In accordance with the timing required by the Traffic and Transportation Manager,
Public Works
the timing required
but no later than prior to the first final building and zoning inspection, the property
Department, Traffic
by the Traffic and
owner /developer shall implement the following measures to reduce long -term
and Transportation
Transportation
operational CO, NOx, ROG, and PM emissions:
Division
Manager, but no
later than prior to
Traffic lane improvements and signalization as outlined in the traffic study
the first final
and MPAH shall be implemented as required by the Traffic and
Building and Zoning
Transportation Manager.
inspection
. The property owner /contractor shall place bus benches and /or shelters as
required by the Traffic and Transportation Manager at locations along any
site frontage routes as needed.
5.2 -6
Prior to issuance of
Prior to issuance of a building permit, implementation of energy conservation
Public Works
a building permit
techniques (i.e., installation of energy saving devices, construction of electrical
Department,
vehicle charging stations, use of sunlight filtering window coatings or double -paned
Engineering
windows, utilization of light- colored roofing materials as opposed to dark - colored
Division, Traffic and
roofing materials, and placement of shady trees next to habitable structures) shall
Transportation
be indicated on plans.
Division, Planning
Department,
Building Division
5.2 -7
Prior to issuance of
Prior to issuance of a building permit, the property owner /developer shall be
Planning
a building permit
responsible for the placement of a note on the plans stating that to reduce the
Department,
health impacts of air quality hazards within The Platinum Triangle, placement of
Building Division
wood burning fireplaces in residential units shall be prohibited. As an alternative to
wood burning fireplaces, gas fireplaces may be used.
GEOLOGY AND SOILS
5.3 -1
Prior to the
Prior to the approval of a grading plan, if within a Seismic Hazard Zone, the
Public Works
approval of a
property owner /developer shall submit to the Public Works Department a site
Department,
grading plan
specific report in compliance with DMG Special Publication 117, Guidelines for
Development
Evaluating and Mitigating Seismic Hazards in California. The report shall be
Services Division
prepared by an engineering geologist and geotechnical engineer. All grading shall
be in conformance with Title 17 of the City of Anaheim Municipal Code.
5.3.2
Prior to issuance of
Prior to issuance of a building permit, the property owner /developer shall submit to
Planning
a building permit
the Planning Department, Building Division, for review and approval, detailed
Department,
foundation design information for the proposed buildings, prepared by a civil
Building Division
engineer, based on recommendations of a geotechnical engineer.
5.3.3
Prior to issuance of
Prior to issuance of a building permit, the property owner /developer shall submit to
Planning
a building permit
the Planning Department, Building Division, a report prepared by a geotechnical
Department,
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
engineer for review and approval which shall investigate the subject foundation
Building Division
excavations.
5.3 -4
Prior to issuance of
Prior to issuance of a building permit, the property owner /developer shall submit to
Planning
a building permit
the Planning Department, Building Division, plans showing that the proposed
Department,
structure(s) has been analyzed for earthquake loading and designed according to
Building Division
the most recent seismic standards in the Uniform Building Code adopted by the
City of Anaheim.
5.3 -5
Prior to final
Prior to the first final building and zoning inspection, for any proposed hotel uses,
Planning
building inspections
including condominium hotels, the property owner /developer shall submit an
Department,
earthquake emergency response plan to the Planning Department, Building
Building Division
Division, for review and approval. The plan shall require posted notices in all hotel
rooms and earthquake safety procedures and incorporate on -going earthquake
training for hotel staff.
5.3 -6
On -going during
On -going during grading operations, the property owner /developer shall implement
Public Works
grading operations
standard practices relating to grading from City Ordinance (Title 17) and policies to
Department, Field
the satisfaction of the Public Works Department, Field Engineering Division.
Engineering Division
HAZARDS AND HAZARDOUS MATERIALS
5.4 -1
On -going during
On -going during demolition and construction, in the event that hazardous waste is
Orange County
demolition and
discovered during site preparation or construction, the property owner /developer
Health Care
construction
shall ensure that the identified hazardous waste and /or hazardous material is
Agency, Fire
handled and disposed of in the manner specified by the State of California
Department
Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter
6.5) and according to the requirements of the California Administrative Code, Title
30, Chapter 22. In addition, the property owner /developer shall report the finding of
hazardous waste to the Orange County Health Care Agency and Anaheim Fire
Department.
5.4 -2
On -going during
On -going during project operation, the applicant shall handle and dispose of all
Fire Department
project operation
hazardous materials and wastes during the operation and maintenance of facilities
in accordance with the State codes identified in Mitigation Measure No. 5.4 1 and
under Anaheim Fire Department supervision.
5.4 -3
Prior to issuance of
Prior to issuance of the first residential building permit for each final site plan
Planning
first residential
incorporating residential units, the property owner /developer shall send a
Department,
building permit
Notification Letter to businesses in proximity to the project to inform them of the
Building Division
presence of the sensitive use (i.e., residential land uses). The letter shall request
that the mixed -use project property owner /residents be notified of any accident at
the nearby businesses that may involve the release of hazardous substances. The
Good Neighbor Program shall also require that the project property
owner /developer prepare a Safety Plan, which shall be implemented and on -going
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
during project operation, that includes staff training, emergency tools, and first aid
provisions, supervision of children or other individuals in an emergency situation,
and a shelter -in -place program for instances when evacuation is not appropriate or
practicable.
5.4 -4
Prior to final
Prior to the first final building and zoning inspection for each final site plan
Planning
Building and Zoning
incorporating residential units, the property owner /developer shall prepare and
Department,
inspections
submit to the Planning Department, Building Division, a Safety Plan, which shall be
Building Division
implemented on -going during project operation that includes staff training,
emergency tools, and first aid provisions, supervision of children or other individuals
in an emergency situation, and a shelter -in -place program for instances when
evacuation is not appropriate or practicable.
5.4 -5
Prior to final
Prior to final building and zoning inspections, for any residential project within 1,000
Planning
Building and Zoning
feet of a use that has the potential to release substantial amounts of airborne
Department,
inspections
hazardous materials, the project property owner /developer shall submit a shelter -in-
Building Division
place program to the Planning Department, Building Division, for review and
approval. The shelter -in -place program shall require the property owner /developer
to purchase a subscription to a service that provides "automated emergency
notification" to individual residents (subject to meeting minimum standards set by
the City) of the project.
The shelter -in -place program shall include the following:
• The property owner /developer shall be required to purchase a minimum 10-
year subscription to such a service that would include periodic testing (at
least annually).
• The CC &Rs for each individual project shall require that each property
owner and /or project Homeowners Association (HOA):
• Maintain a subscription following expiration of the initial purchased
subscription.
• Maintain, in a timely manner, the database of resident phone
numbers in conjunction
with the service.
• Provide appropriate agencies (police, fire, other emergency
response as identified by the City) with information on how to
activate the notification via the service provider.
The CC &Rs for each individual project shall require that each resident provide the
property owner /HOA with a current phone number for the residence and /or
individual residents. This would include timely notification following the sale of a unit
and would require notification if the unit were rented or leased or subject to any
other change in occupancy.
5.4 -6
Prior to issuance of
Prior to issuance of grading permits for each development project, a Phase I Site
Public Works
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
grading permits for
Assessment shall be prepared by the property owner /developer and submitted to
Department,
each development
the City of Anaheim Public Works Department, Development Services Division, for
Development
project
review and approval. If actual or potential impacts are identified by the Phase I, a
Services Division
Phase II ESA will be completed for the site by the owner /developer and the results
will be submitted to the Planning Department. During the Phase II ESA, samples
from potential areas of concern will be collected and submitted for laboratory
analysis to confirm the nature and extent of potential impacts. If hazardous
materials are identified during the site assessments, the property owner /developer
shall notify the finding to the Anaheim Fire Department and the appropriate
response /remedial measures will be implemented in accordance with the directives
of the OCHCA and /or the Regional Water Quality Control Board (RWQCB), as
appropriate. If soil is encountered during site development that is suspected of
being impacted by hazardous materials, work will be halted and site conditions will
be evaluated by a qualified environmental professional. The results of the
evaluation will be submitted to OCHCA and /or RWQCB, and the appropriate
response /remedial measures will be implemented, as directed by OCHCA,
RWQCB, or other applicable oversight agency, until all specified requirements of
the oversight agencies are satisfied and a no- further- action status is attained.
5.4 -7
Prior to issuance of
Prior to issuance of a grading permit or a demolition permit for any building, an
Planning
• grading permit or
asbestos survey shall be conducted and submitted to the Planning Department,
Department,
• demolition permit
Building Division, by the property owner /developer. If the materials are found to
Building Division.
for any building
contain asbestos fibers, demolition shall be conducted in accordance with the
remediation and mitigation procedures detailed in Remediation Procedures Report,
and in accordance with Federal, State and local law. Buildings constructed prior to
1973 shall be screened for lead -based paint prior to demolition. If lead -based paint
is identified, it shall be mitigated in accordance with the procedures set forth in the
Remediation Procedures Report.
HYDROLOGY AND WATER QUALITY
5.5 -1
Prior to issuance of
Prior to issuance of a grading permit, the property owner /developer shall submit
Public Works
a grading permit
plans documenting that the design of all aboveground structures (with the exception
Department,
of parking structures) shall be at least three feet higher that the 100 -year flood
Building Division
zone, where applicable, unless otherwise required by the City Engineer. All
structures below this level shall be flood - proofed to prevent damage to property or
harm to people.
5.5 -2
At least 90 days
At least 90 days prior to the initiation of grading activities, for projects greater than
Public Works
prior to the initiation
one acre, an NOI shall be filed with the RWQCB by the property owner /developer
Department,
of grading activities
pursuant to State and Federal NPDES requirements. As part of the NOI, a SWPPP
Development
shall be prepared. The property owner /developer shall also prepare and submit to
Services Division
RWQCB, a Water Quality Management Plan (WQMP) in accordance with the City's
Municipal NPDES requirements and the Orange County Drainage Area
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
Management Plan. The SWPPP, in conjunction with the WQMP, will describe the
structural and nonstructural BMPs that will be implemented during construction
(short -term) within the Project Area as well as BMPs for long -term operation of the
Project Area. Long -term measures could include, but may not be limited to, street
sweeping, trash collection, proper materials storage, designated wash areas
connected to sanitary sewers, filter and grease traps, and clarifiers for surface
parking areas. The BMPs selected shall be consistent with the Water Quality
Technical Report prepared for the Proposed Project (Appendix G of SEIR No. 332).
5.5 -3
Prior to approval of
The City Engineer shall review the location of each project to determine if it is
Public Works
a final subdivision
located within an area served by deficient drainage facilities, as identified in The
Department,
map or issuance of
Platinum Triangle Drainage Study. If the project will increase storm water flows
Engineering
a grading or
beyond those programmed in the appropriate master plan drainage study for the
Division, Planning
building permit,
area or if the project currently discharges to an existing deficient storm drain system
Department,
whichever occurs
or will create a deficiency in an existing storm drain, the property owner /developer
Building Division
first
shall be required to guarantee mitigation of the impact to adequately serve the area
to the satisfaction of the City Engineer and City Attorney's Office. The property
owner /developer shall be required to install the drainage facilities, as required by
the City Engineer to mitigate the impacts of the proposed development based upon
the Development Mitigation within Benefit Zones (Appendix E of The Platinum
Triangle Drainage Study), prior to acceptance for maintenance of public
improvements by the City or final Building and Zoning inspection for the
building /structure, whichever occurs first. Additionally, the property owner /developer
shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the
Project Area, as determined by the City Engineer, which could include fees, credits,
reimbursements, construction, or a combination thereof.
5.5 -4
Prior to approval of
The City shall work with the OCFCD to ensure that flood control facilities are well
Public Works
a final subdivision
maintained and plan facilities capable of accommodating, at a minimum, future
Department,
map or issuance of
storm flows meeting City requirements for City owned and maintained facilities, and
Engineering
a grading or
100 -year storm flows for County facilities. Where improvements to local drainage
Division, Planning
building permit,
facilities have the potential to increase discharges to County facilities, the City shall
Department,
whichever occurs
analyze potential impacts to County facilities in consultation with the Manager,
Building Division
first
County of Orange Flood Control Division. Encroachment Permits shall be obtained
from the County's Public Property Permits Section for any activity performed within
OCFCD's right of way.
NOISE
5.7 -1
On -going and
On -going and during grading, demolition, and construction, the property
Planning
during grading,
owner /developer shall be responsible for requiring contractors to implement the
Department, Field
demolition, and
following measures to limit construction - related noise:
Engineering,
construction
a) Noise generated by construction, shall be limited by the property
Building and Code
owner /developer to 60 dBA along the property boundaries, before 7 a.m.
Enforcement
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
and after 7 p. m., as governed by Chapter 6.7, Sound Pressure Levels, of
Divisions
the Anaheim Municipal Code.
b) Limit the hours of operation of equipment that produces noise levels
noticeably above general construction noise levels to the hours of 10 a.m.
to 4 p.m.
c) All internal combustion engines on all of the construction equipment shall
be properly outfitted with well maintained muffler systems.
5.7 -2
Prior to issuance of
Prior to issuance of a building permit for any project generating over 100 peak hour
Planning
a building permit
trips, the project property owner /developers shall submit a final acoustical report
Department,
prepared to the satisfaction of the Planning Director. The report shall show that the
Building Division
development will be sound - attenuated against present and projected noise levels,
including roadway, aircraft, helicopter and railroad, to meet City interior and exterior
noise standards.
5.7 -3
Prior to issuance of
New development project property owner /developers shall use the most current
Planning
a building permit
available Airport Environs Land Use Plan (AELUP) as a planning resource for
Department,
evaluating heliport and airport operations as well as land use compatibility and land
Building Division
use intensity in the proximity of Los Alamitos Joint Training Base and Fullerton
Municipal Airport.
PUBLIC SERVICES
5.9 -1
Prior to the
Plans shall indicate that all buildings shall have fire sprinklers installed by the
Fire Department
issuance of each
property owner /developer in accordance with the Anaheim Municipal Code. Said
building permit.
sprinklers shall be installed prior to each final building and zoning inspection.
5.9 -2
Prior to the
The property owner /developer shall submit plans to the Anaheim Police
Police Department
approval of Final
Department for review and approval for the purpose of incorporating safety
Site Plan and
measures in the project design including the concept of crime prevention through
issuance of each
environmental design (i.e., building design, circulation, site planning and lighting of
building permit
parking structure and parking areas). Rooftop addresses shall be provided for all
parking structures (for the police helicopter). Minimum size for numbers shall be
four feet in height and two feet in width. The lines for the numbers shall be six
inches thick and spaced 12 to 18 inches apart. All numbers shall have a contrasting
color to the parking structure and shall face the street to which the structure is
addressed.
5.9 -3
Prior to the
The property owner /developer shall submit plans to the Anaheim Police
Police Department
issuance of each
Department for review and approval indicating the provision of closed circuit
building permit for a
monitoring and recording or other substitute security measures as may be
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
parking structure
approved by the Anaheim Police Department. Said measures shall be implemented
and prior to final
prior to final building and zoning inspections.
building and zoning
inspections
5.9 -4
Prior to the
The property owner /developer shall submit design plans that shall include parking
Police Department
issuance of each
lots and parking structures with controlled access points to limit ingress and egress
building permit
if determined to be necessary by the Anaheim Police Department, and shall be
subject to the reviews and approval of the Anaheim Police Department.
5.9 -5
On -going during
If the Anaheim Police Department or Anaheim Traffic Management Center (TMC)
Police Department,
project operation
personnel are required to provide temporary traffic control services, the property
Public Works
owner /developer shall reimburse the City, on a fairshare basis, if applicable, for
Department, Traffic
reasonable costs associated with such services.
Management Center
5.9 -6
On -going
The City of Anaheim will work cooperatively with school districts to identify sites for
Community
new schools and school expansions in The Platinum Triangle.
Development
Department,
Redevelopment
Services, Planning
Department Zoning
Division
TRAFFIC AND CIRCULATION
5.10 -1
Prior to the
Prior to the issuance of grading or building permit, whichever occurs first, for new
Public Works
issuance of grading
development forecast to generate 100 or more peak hour trips, as determined by
Department, Traffic
or building permit,
the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis
and Transportation
whichever occurs
Model Trip Generation Rates, the property owner /developer shall be required to
Division, Planning
first
pay the City of Anaheim for all costs associated with updating the applicable
Department,
Transportation Model to include the trips associated with their proposed
Building Division
development. This model update will be used to determine and program the extent
and phasing of improvements necessary to accommodate the proposed
development.
If the model demonstrates that the proposed development will cause an intersection
to operate at an unacceptable level of service (LOS "E" or "F" depending on the
location), the property owner /developer shall be responsible for constructing its fair
share of necessary improvements to maintain acceptable levels of service at
intersections within Anaheim and surrounding municipalities for the anticipated
theoretical buildout of the General Plan as identified in the City's Circulation
Element. The Public Works Department, Traffic and Transportation Division, and
Planning Department, Building Division, shall monitor these measures.
Measure
No.
Timing
Measure
Responsible for
Monitoring
Completion
5.10 -2
Prior to final
The property owner /developer shall implement and administer a comprehensive
Public Works
building and zoning
Transportation Demand Management (TDM) program for all employees. Objectives
Department, Traffic
inspection and on-
of the TDM program shall be
and Transportation
going during project
Increase ridesharing and use of alternative transportation modes by guests
Division
operation
. Provide a menu of commute alternatives for employees to reduce project-
generated trips.
• Conduct an annual commuter survey to ascertain trip generation, trip origin
and Average Vehicle Ridership.
Prior to final Building and Zoning inspection and on -going during project operation,
the property owner /developer shall provide a menu of TDM program strategies and
elements for both existing and future employees' commute options, to include, but
not be limited to, the following:
• On -site Services such as the food, retail, and other services be provided.
• Ridesharing. Develop a commuter listing of all employee members for the
purpose of providing a "matching" of employees with other employees who
live in the same geographic areas and who could rideshare.
• Vanpooling. Develop a commuter listing of all employees for the purpose of
matching numbers of employees who live in geographic proximity to one
another and could comprise a vanpool or participate in the existing vanpool
programs.
• Transit Pass. Southern California Rapid Transit District and Orange County
Transportation Authority (including commute rail) passes be promoted
through financial assistance and on -site sales to encourage employees to
use the various transit and bus services from throughout the region.
• Shuttle Service. A commuter listing of all employees living in proximity to
the project be generated, and a local shuttle program offered to encourage
employees to travel to work by means other than the automobile. Event
shuttle service will be available for the guests.
• Bicycling. A Bicycling Program be developed to offer a bicycling alternative
to employees. Secure bicycle racks, lockers, and showers be provided as
part of this program, Maps of bicycle routes throughout the area be
provided to inform potential bicyclists of these options.
• Guaranteed Ride Home Program. A program to provide employees who
rideshare, or use transit or other means of commuting to work, with a
prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the
event of emergencies during the work shift.
• Target Reduction of Longest Commute Trip. An incentive program for
ridesharing and other alternative transportation modes to put highest
priority on reduction of longest employee commute trips.
• Stagger work shifts.
• Develop a "compressed work week" program, which provides for fewer
Measure
Responsible for
No.
Timing
Measure
Monitoring
Completion
work days but longer daily shifts as an option for employees.
• Explore the possibility of a "telecommuting" program that would link some
employees via electronic means (e.g., computer with modem).
• Develop a parking management program that provides incentives to those
who rideshare or use transit means other than single- occupant auto to
travel to work.
• Access. Preferential access to high occupancy vehicles and shuttles may
be provided.
• Financial Incentive for Ridesharing and /or Public Transit. (Currently,
Federal law provides tax -free status for up to $65 per month per employee
contributions to employees who vanpool or use public transit including
commuter rail and /or express bus pools.)
• Financial Incentive for Bicycling. Employees offered financial incentives for
bicycling to work.
• Special "Premium" for the Participation and Promotion of Trip Reduction.
Ticket /passes to special events, vacation, etc. be offered to employees who
recruit other employees for vanpool, carpool, or other trip reduction
programs.
• Design incentive programs for carpooling and other alternative
transportation modes so as to put highest priority on reduction of longest
commute trips.
5.10 -3
Prior to final
The property owner /developer of office /commercial uses shall join and financially
Public Works
Building and Zoning
participate in a clean fuel shuttle program, if established and, shall participate in the
Department, Traffic
inspections
Anaheim Transportation Network/Transportation Management Association in
and Transportation
conjunction with the on -going operation of the project
Manager
5.10 -4
As determined by
The General Plan Circulation Element and associated Planned Roadway Network
Public Works
the Traffic and
Map (Figure C -1 of the General Plan), identifies those roadways that are planned to
Department, Traffic
Transportation
accommodate current development and future growth established by the Land Use
and Transportation
Division
Element. As determined by the Public Works Department, Traffic and Transporta-
Division
tion Division, roadways will be constructed as development occurs and as funding
becomes available. In addition to the roadways identified on the Planned Roadway
Network Map, improvements will be necessary to maintain acceptable levels of
service within the anticipated theoretical buildout identified in the General Plan.
5.10 -5
Prior to issuance of
Appropriate Traffic Signal Assessment Fees, Traffic Impact and Improvement Fees,
Public Works
each building permit
and Platinum Triangle Impact Fees shall be paid by the property owner /developer
Department, Traffic
to the City of Anaheim in amounts determined by the City Council Resolution in
and Transportation
effect at the time of issuance of the building permit with credit given for City-
Division, Planning
authorized improvements provided by the property owner /developer, and
Department/Building
participate in all applicable reimbursement or benefit districts which have been
Division
established.
Measure
No.
Timing
Measure
Responsible for
Monitoring
Completion
5.10 -6
Prior to approval of
The property owner /developer shall irrevocably offer for dedication (with
Public Works
the first final
subordination of easements), including necessary construction easements, the
Department,
subdivision map or
ultimate arterial highway right(s) -of -way as shown in the Circulation Element of the
Engineering
issuance of the first
Anaheim General Plan adjacent to their property.
Division, Planning
building permit,
Department/Building
whichever occurs
Division
first, and subject to
nexus requirements
UTILITIES AND SERVICE SYSTEMS
5.11 -1
Prior to issuance of
Prior to issuance of a building permit, submitted landscape plans shall demonstrate
Public Utilities
a building permit
compliance with the City of Anaheim adopted Landscape Water Efficiency
Department,
Guidelines. This ordinance is in compliance with the State of California Water
Resource Efficiency
Conservation in Landscaping Act (AB 325).
Division
Among the measures to be implemented with the project are the following:
• Use of water - conserving landscape plant materials wherever feasible;
• Use of vacuums and other equipment to reduce the use of water for wash
down of exterior areas,
• Low -flow fittings, fixtures and equipment including low flush toilets and
urinals,
• Use of self - closing valves for drinking fountains,
• Use of efficient irrigation systems such as drip irrigation and automatic
systems which use moisture sensors;
• Infrared sensors on sinks, toilets and urinals,
• Low -flow shower heads in hotels;
• Infrared sensors on drinking fountains,
• Use of irrigation systems primarily at night, when evaporation rates are
lowest,
• Water- efficient ice machines, dishwashers, clothes washers, and other
water using appliances,
• Cooling tower recirculating system,
• Use of low flow sprinkler heads in irrigation system,
• Use of waterway re- circulation systems,
• Provide information to the public in conspicuous places regarding water
conservation, and
• Use of reclaimed water for irrigation and washdown when it becomes
available.
In conjunction with submittal of landscape and building plans, the applicant shall
identify which of these measures have been incorporated into the plans.
5.11 -2
Prior to issuance of
Prior to the issuance of the first building permit, the property owner /developer shall
Public Utilities
the first building
provide engineering studies, including network analysis, to size the water mains for
Department, Water
permit
ultimate development within the project. This includes detailed water usage
Engineering
analysis and building plans for Public Utilities Water Engineering reviews and
approval in determining project water requirements and appropriate water
assessment fees.
5.11 -3
Prior to issuance of
Prior to the issuance of the first building permit or grading permit, whichever occurs
Public Utilities
the first building
first, the property owner /developer shall indicate on plans installation of a separate
Department, Water
permit or grading
irrigation meter when the total landscaped area exceeds 2,500 square feet. (City of
Engineering
permit, whichever
Anaheim Water Conservation Measures)
Division, Planning
occurs first
Department,
Building Division
5.11 -4
Prior to issuance of
Prior to the issuance of the first building permit or grading permit, whichever occurs
Public Utilities
the first building
first, the property owner /developer shall comply with Rule 15D of the Water Utilities
Department, Water
permit or grading
Rates, Rules, and Regulations. Rule 15D shall be amended to include construction
Engineering
permit, whichever
of a new well with a minimum 1,500 GPM capacity within The Platinum Triangle.
Division, Planning
occurs first
Department,
Building Division
5.11 -5
Prior to approval of
The City Engineer shall review the location of each project to determine if it is
Public Works
a final subdivision
located within an area served by deficient sewer facilities, as identified in The
Department,
map or issuance of
Platinum Triangle Sewer Study. If the project will increase sewer flows beyond
Engineering
a grading or
those programmed in the appropriate master plan sewer study for the area or if the
Division, Planning
building permit,
project currently discharges to an existing deficient sewer system or will create a
Department,
whichever occurs
deficiency in an existing sewer line, the property owner /developer shall be required
Building Division
first
to guarantee mitigation of the impact to adequately serve the area to the
satisfaction of the City Engineer and City Attorney's Office. The property
owner /developer shall be required to install the sanitary sewer facilities, as required
by the City Engineer to mitigate the impacts of the proposed development based
upon the Benefit Parcels and Development Mitigation (Appendix D of The Platinum
Triangle Sewer Study), prior to acceptance for maintenance of public improvements
by the City or final Building and Zoning inspection for the building /structure,
whichever occurs first. Additionally, the property owner /developer shall participate
in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as
determined by the City Engineer, which could include fees, credits,
reimbursements, construction, or a combination thereof.
5.11 -7
Prior to the
Prior to the approval and ongoing during construction of any street improvement
Public Works
approval and on-
plans within The Platinum Triangle which encompass area(s) where OCSD will be
Department,
going during
upsizing trunk lines and /or are making other improvements, the City and /or property
Sanitation Division
construction
owner /developer shall coordinate with the OCSD to ensure that all improvements
and construction schedules are coordinated.
5.11 -8
Prior to issuance of
The property owner /developer shall submit project plans to the Streets and
Public Works
each building
Sanitation Division of the Public Works Department for review and approval to
Department,
permit, to be
ensure that the plans comply with AB939, and the Solid Waste Reduction Act of
Sanitation Division
implemented prior
1989, and the County of Orange and City of Anaheim Integrated Waste
to final building and
Management Plans as administered by the City of Anaheim. Implementation of said
zoning inspections
plan shall commence upon occupancy and shall remain in full effect as required by
the Street and Sanitation Division and may include, at its discretion, the following
plan components:
• Detailing the locations and design of on -site recycling facilities.
• Providing on -site recycling receptacles to encourage recycling.
• Participating in the City of Anaheim's "Recycle Anaheim" program or other
substitute program as may be developed by the City.
• Facilitating cardboard recycling (especially in retail areas) by providing
adequate space and centralized locations for collection and bailing.
• Providing trash compactors for nonrecyclable materials whenever feasible
to reduce the total volume of solid waste and number of trips required for
collection
• Providing on -site recycling receptacles accessible to the public to
encourage recycling for all businesses, employees, and patrons where
feasible.
• Prohibiting curbside pick -up.
• Ensuring hazardous materials disposal complies with Federal, State, and
city regulations.
5.11 -9
On -going during
The following practices shall be implemented, as feasible, by the property
Public Works
project operations
owner /developer:
Department,
• Usage of recycled paper products for stationery, letterhead, and packaging.
Sanitation Division
• Recovery of materials, such as aluminum and cardboard.
• Collection of office paper for recycling.
• Collection of glass, plastics, kitchen grease, laser printer toner cartridges,
oil, batteries and scrap metal for recycling or recovery.
5.11 -10
Prior to the
The property owner /developer shall submit a Demolition and Import /Export Plans, if
Planning
approval of each
determined to be necessary by the Public Works Department, Traffic Engineering
Department,
grading plan (for
Division and /or Street and Sanitation Division. The plans shall include identification
Building Division
Import /Export Plan)
of off -site locations for material export from the project and options for disposal of
and prior to
excess material. These options may include recycling of materials on -site, sale to a
issuance of
broker or contractor, sale to a project in the vicinity or transport to an
demolition permits
environmentally cleared landfill, with attempts made to move it within Orange
(for Demolition
County. The property owner /developer shall offer recyclable building materials,
Plans)
such as asphalt or concrete for sale or removal by private firms or public agencies
for use in construction of other projects, if all cannot be reused on the project site.
5.11 -11
Prior to the
The property owner /developer shall submit plans showing that each structure will
Public Utilities
issuance of each
comply with the State Energy Efficiency Standards for Nonresidential Buildings
Department,
building permit
(Title 24, Part 6, Article 2, California Code of Regulations) and will consult with the
Resource Efficiency
City of Anaheim Public Utilities Resource Efficiency Division in order to review Title
Division
24 measures prior to each final Building and Zoning inspection to incorporate into
the project design including energy efficient designs. This consultation shall take
place during project design to incorporate into the project design energy efficiency
and allow potential systems alternatives such as thermal energy storage air -
conditioning and building envelope options.
5.11 -12
Prior to issuance of
In order to conserve energy, the property owner /developer shall implement energy-
Public Utilities
each building permit
saving practices in compliance with Title 10, which may include the following:
Department,
High- eciency air - conditioning with EMS (computer) control.
• ffi
Resource Efficiency
• Variable Air Volume (VAV) air distribution.
Division; Planning
Department,
• Outside air (100 percent) economizer cycle.
Building Division
• Staged compressors or variable speed drives to flow varying thermal loads.
• Isolated HVAC zone control by floors /separable activity areas.
• Specification of premium- efficiency electric motors (i.e., compressor
motors, air - handling units, and fan -coil units).
• Use of occupancy sensors in appropriate spaces.
• Use of compact fluorescent lamps in place of incandescent lamps.
• Use of T -8 lamps and electronic ballasts where applications of standard
fluorescent fixtures are identified.
• Use of metal - halide or high - pressure sodium (high intensity discharge)
lamps for outdoor lighting and parking lots.
• Consideration of thermal energy storage air conditioning for hotel buildings,
meeting facilities, theaters, or other intermittent -use spaces or facilities that
may require air - conditioning during summer, day -peak periods.
• Consideration for participation in Resource Efficiency's Programs such as
• New Construction Design Review, in which the City cost - shares
engineering fees for design of energy efficient buildings and systems.
• Energy Sale for New Construction — Cash incentives ($150 to $400 per kW
reduction in load) for efficiency that exceeds Title 24 requirements.
• Thermal Energy Storage Feasibility Study — Cost sharing of up to $5,000
for the feasibility study of TES applied to new facilities.
5.11 -13
Prior to issuance of
For any buildings requiring a change in electrical service, the property
Public Utilities
each building permit
owner /developer shall install an underground electrical service from the Public
Department,
Utilities Distribution System. The Underground Service will be installed in
Electrical
accordance with the Electric Rules, Rates, Regulations and Electrical
Engineering
Specifications for Underground Systems. Electrical Service Fees and other
applicable fees will be assessed in accordance with the Electric Rules, Rates,
Regulations and Electrical Specifications for Underground Systems.
5.11 -14
Prior to the
The property owner /developer shall submit plans for review and approval which
Public Utilities
issuance of each
shall ensure that buildings are in conformance with the State Energy Conservation
Department,
building permit
Standards for Nonresidential buildings (Title 24, Part 6, Article 2, California
Resource Efficiency
Administrative Code).
Division
ATTACHMENT NO. 1A
SEIR No. 332 - ERRATA
Volume I; Page 5 -182, second paragraph:
The threshold of significance for traffic impacts is a peak hour LOS worse than "D" with an
increase in the Intersection Capacity Utilization ratio of greater than 0.01. When the Proposed
MLUP condition is compared with the Current MLUP, mitigation will be required for any
intersection which increases the peak hour ICU by at least 02 0.01 and is projected to operate
at LOS E or F.
Volume I; Page 5 -182; second paragraph:
The threshold of significance for traffic impacts is a peak hour LOS worse than "D" with an
increase in the Intersection Capacity Utilization ratio of greater than 0.01. When the Proposed
MLUP condition is compared with the Current MLUP, mitigation will be required for any
intersection which increases the peak hour ICU by at least 0.02 0.01 and is projected to operate
at LOS E or F.
ATTACHMENT NO. 2
GENERAL PLAN AMENDMENT NO. 2004 -00420
Draft Resolution
DRAFT
RESOLUTION NO. PC2005 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT
GENERAL PLAN AMENDMENT NO. 2004 -00420 PERTAINING TO THE
LAND USE AND CIRCULATION ELEMENTS
WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by
the City Council on May 25, 2004, by its Resolution No. 2004 -95, which plan may be amended from time
to time; and
WHEREAS, the adopted General Plan envisions an area of the City of Anaheim known
as The Platinum Triangle as a thriving economic center that provides residents, visitors and employees
with a variety of housing, employment, shopping and entertainment opportunities that are accessed by
arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use
Element); and
WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 Freeway and the SR -57 Freeway 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
SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit
area and which area is further depicted in "Figure LU -5: Areas of the City with Special Density Limitations"
of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and
WHEREAS, the adopted General Plan establishes a maximum development intensity for
The Platinum Triangle of up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre),
5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial
development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area
ratio of 3.0; and
WHEREAS, the Anaheim Planning Commission by motion on March 7, 2005, initiated
applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No-
2004-00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case No. 2004 -00089 to amend
The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The
Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to
rescind in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training
Center site and Reclassification No. 2004 - 00134, and, by motion on June 13, 2005, initiated applications
and proceedings for General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432), which
amendment also pertains to The Platinum Triangle (hereinafter referred to as the 'Project Discretionary
Actions "); and
WHEREAS, the General Plan Amendments initiated by the Planning Commission on
March 7, 2005 and June 13, 2005, were combined into one action for consideration by the Planning
Commission and City Council; and.
WHEREAS, General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) is a
request for the Planning Commission to recommend that the City Council amend the City of Anaheim
General Plan Land Use and Circulation Elements as follows:
(1) Land Use Element: (A) redesignate a 321 -acre property located at the southeast corner of
Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue
( "North Net Fire Training Center ") from the Office -High to the Mixed -Use land use designation; and (B)
provide for an additional 325 dwelling units and up to 210,100 square feet of additional commercial
square footage in The Platinum Triangle Mixed -Use land use designation. This amendment would
increase the maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum
overall commercial density from 2,044,300 to 2,254,400 square feet.
(2) Circulation Element: (A) redesignate a portion of Cerritos Avenue between State College Boulevard
and Douglass Road from a Primary Arterial Highway (six lanes divided with no parking or four lanes
Cr1PC2005- PC2005-
divided with left turn pockets and two parking lanes with a typical right -of -way width of 106 feet) to a
Secondary Arterial Highway (four undivided lanes with parking on either side with a typical right -of -way
width of 90 feet) to be consistent with the Orange County Master Plan of Arterial Highways and
respective lane configurations; and (B) provide for Gene Autry Way between Betmor Lane and State
College Boulevard to be up to 115 feet in width (up to 170 feet in width was previously advertised).
This segment of Gene Autry Way is designated as a Primary Arterial Highway with a current typical
width of up to 106 feet.
WHEREAS, the proposed amendment to the Circulation Element pertaining to the Gene
Autry Way Grand Parkway has been modified to provide for Gene Autry Way between Betmor Lane and
State College Boulevard to be up to 115 feet in width instead of the previously- requested 170 feet in width
as discussed in the August 22, 2005 staff report to the Planning Commission.
WHEREAS, the proposed amendments to the General Plan are shown on Exhibit A
(labeled "LAND USE ELEMENT, General Plan Amendment No. 2004 - 00420) and Exhibit B (labeled
`CIRCULATION ELEMENT, General Plan Amendment No. 2004 - 00420), which exhibits are attached
hereto to this Resolution and which are incorporated herein by this reference as if set forth in full; and
WHEREAS, the proposed amendment to the General Plan Land Use Element would also
include a modification to 'Table LU-4: General Plan Density Provisions for Specific Areas of the City" to
increase the density for The Platinum Triangle Mixed Use designation to reflect an increase in the
maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum overall
commercial density from 2,044,300 to 2,254,400 square feet; and
WHEREAS, the proposed amendment to Gene Autry Way would be reflected in the
Right -of -way Exceptions List on file in the City of Anaheim Planning Department; and
WHEREAS, on July 25, 2005, the Planning Commission, by Resolution No. PC2005 -105
recommended that City Council approve General Plan Amendment No. 2005 -00435 to amend the Land
Use Element to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to
increase the maximum overall commercial density for The Platinum Triangle Mixed -Use designation from
2,044,300 to 2,049,908 square feet representing a total increase of 5,608 square feet, which separate
amendment is currently in process in connection with recommendations to the City Council of approval of
Miscellaneous Case No. 2005 -00113 to amend The Platinum Triangle Master Land Use Plan, Zoning
Code Amendment No. 2005 - 00044, Conditional Use Permit No. 2005 - 04967, Tentative Tract Map No.
16800 and Development Agreement No. 2005 -00004 to permit the development of the D.R. Horton
project at 2100 E. Katella Avenue; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim
Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 22, 2005, at 2:30 p.m., notice
of said public hearing having been duly given as required by law and in accordance with the provisions of
the Anaheim Municipal Code, to hear and consider evidence for and against said General Plan
Amendment and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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
1 - That the evidence presented substantiates the need for the proposed amendments to the
Anaheim General Plan as the proposed changes would result in additional housing and commercial
activities within the boundaries of The Platinum Triangle and provide appropriate street widths, consistent
with the General Plan goals and policies for that area.
2. That the proposed amendments to redesignate Cerritos Avenue from a Primary Arterial to a
Secondary Arterial would be consistent with the existing Orange County Master Plan of Arterial Highways
configuration and the amendment to Gene Autry Way to provide for an increase of right -of -way from 106
feet to 115 feet would provide for further enhancements to this roadway connection between The
Platinum Triangle and The Anaheim Resort consistent with the General Plan goals and policies.
lasyllZs7+�
3. That the proposed amendments maintain the internal consistency of the General Plan.
4. That the proposed amendments would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
5. That the proposed amendments would maintain the balance of land uses within the City.
6. That the subject property proposed to be redesignated from Office High to Mixed -Use as
depicted on Exhibit (labeled "LAND USE ELEMENT, General Plan Amendment No. 2004 - 00420,
Tracking No. GPA2005- 00432) is physically suitable to accommodate the proposed modification,
including, but not limited to, access, physical constraints, topography, provision of utilities, and
compatibility with surrounding land uses as said area is in close proximity to another mixed use area (the
PTMU Overlay Zone, Stadium District to the north) and employment areas (the properties to the west are
designated for Office High) and is in close proximity to freeway access (to the SR -57). Further, as
indicated in the FSEIR No. 332 analysis prepared for The Platinum Triangle Master Land Use Plan and
other related actions, including General Plan Amendment No. 2004 - 00420, with the imposition of project
mitigation measures, there are no impacts to the provision for utilities to serve said site.
7. That in the event the City Council approves General Plan Amendment No. 2005 -00435
pertaining to a modification to the General Plan Land Use Element "Table LU-4: General Plan Density
Provisions for Specific Areas of the City" to increase the commercial square footage allocated for The
Platinum Triangle Mixed -Use designation by 5,608 square feet, that the overall total commercial square
footage permitted in The Platinum Triangle Mixed -Use designation by the subject General Plan
Amendment No. 2004 -00420 shall not exceed 2,254,400 square feet consistent with the maximum
amount of commercial square footage analyzed in FSEIR No. 332.
8. That _ indicated their presence at said public hearing in opposition; and that
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim
Planning Commission has reviewed General Plan Amendment No. 2004 -00420 in connection with
Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case Nos. 2004- 00089, 2005 -00114 and
2005 -00115 and Reclassification No. 2004 -00134 and, by its Resolution No. did find and
recommend that the City Council, as lead agency for the Project, unless additional or contrary
information is received during the City Council's public hearing on the Project, certify FSEIR No. 332
and adopt a Statement of Findings of Fact and Statement of Overriding Considerations and the
Updated and Modified Mitigation Monitoring Program No. 106A, and determine that FSEIR No. 332
fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to
serve as the required environmental documentation for the Project, including the Project
Implementation Actions and Discretionary Actions to the extent authorized by law.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the
Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim
adopt General Plan Amendment No. 2004 -00420 to (A) amend the Land Use Element to redesignate
a 321 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and
further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center") from the
Office -High to the Mixed -Use land use designation and modify "Table LU4: General Plan Density
Provisions for Specific Areas of the City" to reflect an increase in the maximum overall residential
density from 9,175 to 9,500 dwelling units and the maximum overall commercial density from
2,044,300 to 2,254,400 square feet; and (B) to amend the Circulation Element to redesignate a
portion of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary
Arterial Highway to a Secondary Arterial Highway to be consistent with the Orange County Master
Plan of Arterial Highways and respective lane configurations; and to provide for the Gene Autry Way
Grand Parkway between Betmor Lane and State College Boulevard to be up to 115 feet in width to
provide for enhancements to this roadway connection between The Platinum Triangle and The
Anaheim Resort.
1goyllZs7+7a
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 22, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of 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 August 22, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
4 PC2005-
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ATTACHMENT NO. 3
AMENDMENT TO
THE PLATINUM TRIANGLE MASTER LAND USE PLAN
Draft Resolution
DRAFT
RESOLUTION NO. PC2005 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCILAMEND
THE PLATINUM TRIANGLE MASTER LAND USE PLAN
(MISCELLANEOUS CASE NO. 2004 - 00089)
WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 Freeway and the SR -57 Freeway 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
SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit
area and which area is further depicted in "Figure LU -5: Areas of the City with Special Density Limitations"
of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and
WHEREAS, the adopted General Plan envisions The Platinum Triangle as a thriving
economic center that provides residents, visitors and employees with a variety of housing, employment,
shopping and entertainment opportunities that are accessed by arterial highways, transit systems and
pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and
WHEREAS, the adopted General Plan establishes a maximum development intensity for
The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre),
5,000,000 square feet of office space, 2,044,300 square feet of commercial uses, industrial development
at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0;
and
WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The
Platinum Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle
Standardized Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City
Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and
WHEREAS, the Platinum Triangle Master Land Use Plan provides for the implementation
of the General Plan vision, goals and policies for The Platinum Triangle and serves as a blueprint for
future development and street improvements within The Platinum Triangle, including setting forth
planning principles, development intensities, conceptual street, park and potential new signalized
intersection locations and streetscape designs including, but not limited to, landscaping, lighting fixtures
and street furniture and identifying the existing Amtrak/Metrolink Station and the conceptual Anaheim
Regional Transportation Intermodal Center (ARTIC) location; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated
applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No-
2004-00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case No. 2004 -00089 to amend
The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The
Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to
rescind in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training
Center site and Reclassification No. 2004 - 00134; and, on June 13, 2005, initiated General Plan
Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) (hereinafter collectively referred to as the
'Project Discretionary Actions "); and
WHEREAS, Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle
Master Land Use Plan (hereinafter "PTMLUP ") is proposed to provide for the following changes to the
PTMLUP: an adjustment to the boundaries of the mixed -use districts to include the North Net Fire
Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of
said units would be designated for the North Net Fire Training Center site); a modification to the PTMU
Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage
including a total of 190,100 square feet designated for future required ground floor commercial uses along
Market Street and Gene Autry Way and 20,000 square feet designated for other commercial uses in the
Katella District (in the area east of State College Boulevard); and, additional technical refinements and
CR/PC2005- -1- PC2005-
clarifications, including, but not limited to, refinements to street cross - sections and density descriptions to
reflect the above -noted changes, which modifications are attached hereto marked Exhibit 1 to this
Resolution, and which is incorporated herein by this reference as if set forth in full; and
WHEREAS, on July 25, 2005, the Planning Commission, by Resolution No. PC2005 -105
recommended that City Council approve General Plan Amendment No. 2005 -00435 to amend the Land
Use Element to modify "Table LU -4: General Plan Density Provisions for Specific Areas of the City" to
increase the maximum overall commercial density for The Platinum Triangle Mixed -Use designation from
2,044,300 to 2,049,908 square feet representing a total increase of 5,608 square feet, which separate
amendment is currently in process in connection with recommendations to the City Council of approval of
Miscellaneous Case No. 2005 -00113 to amend The Platinum Triangle Master Land Use Plan, Zoning
Code Amendment No. 2005 - 00044, Conditional Use Permit No. 2005 - 04967, Tentative Tract Map No.
16800 and Development Agreement No. 2005 -00004 to permit the development of the D.R. Horton
project at 2100 E. Katella Avenue; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 22, 2005, at 2:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 (Procedures), to hear and consider evidence for and against said Discretionary Actions to
investigate and make findings and recommendations in connection therewith; and,
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That, by Resolution No. , the Planning Commission has recommended that City
Council approve General Plan Amendment No. 2004 -00420 to amend the Land Use and Circulation
Elements pertaining to The Platinum Triangle.
2. That the proposed amendments to The Platinum Triangle Master Land Use Plan attached
hereto marked Exhibit 1 to this Resolution are consistent with the vision, goals and policies for the
development of The Platinum Triangle as set forth in the City of Anaheim General Plan, as proposed for
amendment by General Plan Amendment No. 2004 - 00420.
3. That the proposed amendments to The Platinum Triangle Master Land Use Plan are
consistent with the goals and intent set forth in The Platinum Triangle Master Land Use Plan.
4. That, in the event that the City Council approves Miscellaneous Case No. 2005 -00113
pertaining to an increase in commercial square footage for the Katella District, east of State College
Boulevard, the proposed additional commercial square footage requested for this District pursuant to the
subject Miscellaneous Case No. 2005 -00089 shall be reduced by 5,608 square feet so that the overall
total of commercial square footage in the PTMU Overlay Zone shall not exceed 2,254,400 square feet.
5. That * ** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed Miscellaneous Case Nos. 2004 -00089 in connection with General Plan
Amendment No. 2004 - 00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case Nos-
2005-00114 and 2005 -00115 and Reclassification No. 2004 -00134 and, by its Resolution No. ,
did find and recommend that the City Council, as lead agency for the Project, unless additional or
contrary information is received during the City Council's public hearing on the Project, certify FSEIR No.
332 and adopt a Statement of Findings of Fact and Statement of Overriding Considerations and the
Updated and Modified Mitigation Monitoring Program No. 106A, and determine that FSEIR No. 332 fully
complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as
the required environmental documentation for the Project, including the Project Implementation Actions
and Discretionary Actions, to the extent authorized by law-
-2- PC2005-
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby recommend that the City Council amend the Platinum Triangle Master Land Use Plan as set forth
in this Resolution.
That this amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No-
20G4-00089) is granted, expressly conditioned upon adoption of General Plan Amendment No.
2004 - 00420.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 22, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of 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 August 22, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
' 2005.
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-3- PC2005-
Appendix C -4: Table 1- Cross Section Changes
Ultimate
Curb to Curb
Vehicle
Figure
Sidewalk
Parkway
Right of Way
Width
Travel Lanes
Lane Widths*
Median
Street Designation
Other
Changed from 7'
Changed
Changed from Major (8
16
to 6'
from 6' to 7'
Lanes) to Stadium
Smart Street 8 Lanes
Parkway detail
added and
Changed
Changed from
Changed from Primary
slope /retaining
17
Changed from 5'
from 5'to 2-
Changed from
Changed from
Changed from
13', 11', 11'
(6 Lanes) to Stadium
wall included
to 5 -7'
4 ,
106' to 144'
86' to 92'
35' to 38'
to 14', 12', 12'
Smart Street (6 Lanes)
in ultimate
right -of -way
for proposed
cross section.
Changed from
Changed from
Changed from Major (8
18
Changed from
108 -118' to
Changed from
13', 11', 11',
Changed from
Lanes) to Stadium
144' to 120'
94'
46' to 39'
1 F to 15', 12',
26' to 16'
Smart Street (6 Lanes)
Since the site
sidewalk width
is increasing
the previously -
Ch
Changed from
from
approved
20
Changed from 5'
Changed
Changed from
Changed from
12',
from
2 /' -wide
to 6'
from 5'to 6'
100' to 96'
38' to 35'
to 13', 11', 11'
24'to 26'
walkway has
been removed
from the
setback area in
the proposed
cross- section.
Slope /retaining
wall included
Changed from
Changed from
Changed from
Changed from
Changed from Primary
in ultimate
21
106' to 144'
86' to 100'
35' to 42'
13', 11', 11'
(6 Lanes) to Major (6
public right -
to 20', 11', 11'
Lanes) Modified
of -way for
proposed cross
section.
Changed from
Changed from
Changed from
Changed from
Changed from Primary
22
106' to120'
86' to 100'
35' to 42'
13', 11', 11'
(6 Lanes) to Major (6
t 20', 11
Lanes
*These changes are proposed to reflect the City of Anaheim General Plan Circulation Element street designations.
*Lane width dimensions are for street half-width, curb to median.
Appendix C -4: Table 1- Cross Section Changes
(Continued)
Ultimate
Curb to Curb
Vehicle
Figure
Sidewalk
Parkway
Right of Way
Width
Travel Lanes
Lane Widths*
Median
Street Designation
Other
23
*See notes
Changed from
Changed from
Changed from 7'
Changed
Changed from
Changed from
8' (bike lane),
painted
Changed from Primary
24
to 5'
from 6' to
106' to 120'
32' to 42'
13', 1 Fro 8'
median to
(4 Lanes) to
5'
(bike lane),
landscaped
Primary (6 Lanes)
12', 11', 11'
median
Changed from
Changed from
7' (bike lane),
painted
Changed from Major
25
13', 11', 11'
median to
Primary (6 Lanes)
to 8' (bike
landscaped
to Primary (6 Lanes)
lane), 12', 11',
median
11'
Changed from 7'
Changed
Changed from
Changed from
26
to 5'
from 6' to 8'
24' to 26'
13', 11' to 14',
12'
Changed from 7'
Changed
Changed from
Changed from
Changed from
Changed from
28
to 5'
from 6' to 5'
64' to 70'
24' to 2T
13', 1 Fro 15',
Secondary to
12'
Secondary Modified
Changed from T
Changed
Changed from
Changed from
Changed from
29
to 5'
from 6' to
24' to 26'
13', 11' to14',
16'to 12'
8'
12'
*These changes are proposed to reflect the City of Anaheim General Plan Circulation Element street designations.
*Lane width dimensions are for street half-width, curb to median.
*Figure 23 (Gene Autry Way) will be revised to increase the total right -of -way and setback area to provide for the Gene Autry "-°-ate right -of -way. The proposed
right -of -way would include a total width of up to 4-74115 feet (to include up to €Yte three travel lanes in each direction and new landscaped medians-, and parkways e+id 4il-e
faxes) with €eta -feet 9'6" of setback area on each side of the street for a total "public realm" width of up to 4-7S 134 feet).
The Platinum Triangle Master Land Use Plan
..................................................................................................................................................... ...............................
Au as - anon
.� (Date Amendment Approved) 2
..................................................................................................................................................................... ...............................
The Platinum Triangle Master Land Use Plan
............................................................................................................................................................... ............................... .
III ki__14 * & @1@]\k00 K
1.0 INTRODUCTION 7
1.1 General Plan Framework 104
1.1.1 Land Use Designations 104
1.2 Environmental Requirements 124
1.3 Existing Opportunities 124
2.0 THE PLATINUM TRIANGLE VISION 132
2.1 Planning Principles
134
2.1.1
Balance and Integrate Uses
13.2
2.1.2
Stimulate Market - Driven Development
13.2
2.1.3
Create a Unique, Integrated, Walkable Urban Environment
13-2
2.1.4
Develop an Overall Urban Design Framework
13-2
2.1.5
Reinforce Transit Oriented Development Opportunities
143
2.1.6
Maintain and Enhance Connectivity
143
2.1.7
Create Great Neighborhoods
143
2.1.8
Provide for Installation and Maintenance of Public Improvements
143
2.2 Urban Design Elements and Attributes
154
2.2.1
Build on a Connected Street Network with Appropriate Block Size
154
2.2.2
Provide Variation in Housing Type
154
2.2.3
Provide Parks and Recreational- Leisure Areas
176
2.2.4
Create a Street/Ground Floor Zone that is Attractive, Safe and Engaging
17&
2.2.5
Provide a Centerpiece Walking and Shopping District — The Market Street
18�
3.0 MIXED USE DISTRICT OVERVIEW
3.1 Development Intensities
3.2 Stadium District
3.3
Arena District
3.4
Katella District
3.5
Gene Autry District
3.6
Gateway District
August oa - 2094
.,�
................................
—(Date Amendment Approved)
...............................
3
210
214
224
232
243
254
265
The Platinum Triangle Master Land Use Plan
................................................ ...............................
Kill 01 1[ dV; F11 4di I1We1 ki I11*lf il:INVe1 0 1 111111:4gINe d:j :101LI :711 IT, K:1
4.1 Streetscape Elements
2825
4.1.1 Gateways
286
4.1.2 Public Art
28,6
4.1.3 Light Standards
27-29
4.1.4 Street Furniture
302-&
4.1.5 Signs
302-9
4.2 Landscape Concept Plan and Cross Sections
3125
4.2.1 Katella Avenue
3432
4.2.2 State College Boulevard
3896
4.2.3 Gene Autry Way
4344-
4.2.4 Orangewood Avenue
4543
4.2.5 Douglass Road (North of Katella Avenue)
4846
4.2.6 Anaheim Way
5048
4.2.7 Lewis Street
5299
4.2.8 Amtrak /Metrolink Line
5593
4.2.9 Secondary Streets: Howell Avenue, Sunkist Street and Cerritos Avenue57.5
4.2. 10 Market Street
5957-
4.2.11 Connector Streets
619
4.2.12 Intersections with Supplemental Lanes
63&4
APPENDICES
The Platinum Triangle Mixed Use (PTMU) Overlay Zone
The Platinum Triangle Standardized Development Agreement
Updated and Modified Mitigation Monitoring Program No. 106 for
The Platinum Triangle
11.011[@] a fe1:1 M1
Table 1: Building Types
Table 2: Development Intensities
Appendix A
Appendix B
Appendix C
154
219
Ay pst 09 2994
—(Date Amendment Approved)
................................................................... ...............................
The Platinum Triangle Master Land Use Plan
1 11'191010 a [Cluj N; &9
Figure 1: Location Map 7
Figure 2:
Aerial Photo
99
Figure 3:
General Plan Designations
119
Figure 4:
The Platinum Triangle Urban Design Plan
2049 —
Figure 5:
Mixed -Use Districts
219
Figure 6:
Stadium District Underlying Zoning and Location Map
224
Figure 7:
Arena District Underlying Zoning and Location Map
23-2
Figure 8:
Katella District Underlying Zoning and Location Map
249
Figure 9:
Gene Autry District Underlying Zoning and Location Map
254
Figure 10:
Gateway District Underlying Zoning and Location Map
269
Figure 11:
Anaheim Resort Light Standard
292
Figure 12:
Acorn Light Standard
2927
Figure 13:
Citywide Standard Bus Bench
302-9
Figure 14:
Landscape Concept Plan
3299
Figure 15:
Cross Section Map
3334
Figure 16:
Katella Avenue - Santa Ana Freeway to East of State College Boulevard
(Stadium Entrance`Ares of St Colle BeulevaFd
3533
Figure 17:
Katella Avenue - Highway of National Significance, East of State College
Boulevard (Stadium Entrance) to Orange Freeway'AmtFal Me+ron„L
J
364
Figure 18:
Katella Avenue - Orange Freeway
to East City
Limits 379
Figure 19: State College Boulevard - South City Limits to Gene Autry Way'c,,,, +h of �+r„
� "� 39-7-
Figure 20: State College Boulevard - Gene Autry Way to Katella Avenue'"'^'" of C_e„e
Way4 4033
Figure 21: State College Boulevard - Katella Avenue to 500' North of Howell
Avenue(Am +mL4ne +ron.,L i Rder..roe°iR 4 413$
Figure 22: State College Boulevard (Nei# of Am +rroL /11AeMnlinL i lRdPFomccinn) - 500' North of
Howell Avenue to Cerritos Avenue 429
Figure 23: Gene Autry Way - Betmor Lane to State College Boulevard 4442
Figure 24: Orangewood Avenue - Santa Ana Freeway to
State College Boulevard 464
Figure 25: Orangewood Avenue - State College Boulevard to East City Limit (Ea e f 9t
476
August oa - 2094
.,� —(Date men men pprove
The Platinum Triangle Master Land Use Plan
............................................................................................................................................................... ...............................
Figure 26:
Douglass Road (IS of Katella AveR61e)
49�
Figure 27:
Anaheim Way
5149
Figure 28:
Lewis Street - Gene Autry Way to Katella Avenue(99 i th of ne„e
A tp � 53ar4
Figure 29:
Lewis Street - Katella Avenue to Cerritos Avenup(NG14h Of r_e„e
A6 14Y Way 54�
Figure 30:
Amtrak/Metrolink Right of Way
564
Figure 31:
Secondary Streets (Howell Avenue, Sunkist Street and Cerritos Avenue) 58ra
Figure 32:
Conceptual Market Street
6059
Figure 33:
Conceptual Connector Street
629
n� gus oa - 20N
.� (Date Amendment Approved) 6
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The Platinum Triangle Master Land Use Plan
.......................................... ............................... I ...................
1.0 INTRODUCTION
The Platinum Triangle Master Land Use Plan
envisions an exciting future for the area surrounding
th,Angel Stadium of Anaheim and Arrowhead Pond
of Anaheim. This plan provides for mixed -use
development to create a dynamic mix of uses and
upscale, high-density urban housing integrated by a
carefully planned network of pedestrian walkways,
streetscape improvements and recreation spaces — that
will create an urban environment of a scale never
before seen in Orange County.
Located in the City of Anaheim, at the confluence of
the I -5 and SR -57 Freeways, the 820 -acre Platinum
Triangle is traversed by a major intercity /commuter
railroad line, encompasses Angel Stadium of Anaheim
and the Arrowhead Pond of Anaheim, and has
tremendous visibility (see Figures 1 and 2).
On May 25, 2004, the Anaheim City Council approved
a comprehensive citywide General Plan Update which
included new land use designations to implement the
vision for The Platinum Triangle. The General Plan
Update changed the General Plan designations within
the area from Commercial Recreation and Business
Office /Mixed Use/Industrial to Mixed -Use, Office
High, Office Low, Industrial, Open Space and
Institutional (see Figure 3) to provide opportunities for
existing uses to transition to mixed -use, residential,
office and commercial uses. The General Plan Update
also established the maximum development intensity
for The Platinum Triangle to be 9,175 dwelling units,
5,000,000 square feet of office space, slightly over
2,000,000 square feet of commercial uses, industrial
development at a maximum floor area ratio of 0.50
and institutional development at a maximum floor area
ratio of 3.0.
On , 2005, the Anaheim City Council approved
General Plan Amendment No. 2004 - 00420, which
added an additional 325 dwelling units and 210,100
square feet of additional commercial square footage to
the maximum development intensity for The Platinum
Triangle.
n� - anon
.�— a e men men pprove
................................ ...............................
Figure 1: Location Map
............................... ...............................
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................................ ...............................
Figure 1: Location Map
............................... ...............................
The Platinum Triangle Master Land Use Plan
The Platinum Triangle Master Land Use Plan serves as
the blueprint for public improvements within The
Platinum Triangle including conceptual park locations,
a proposed street network and streetscape design.
Private development will be regulated through The
Platinum Triangle Mixed Use (PTMU) Overlay Zone
(hereinafter referred to as "PTMU Overlay Zone ") and
The Platinum Triangle Standardized Development
Agreement (see Appendices A and B).
A previous planning study, Anaheim Stadium Area
Master Land Use Plan, provided a plan for office,
sports, entertainment and retail uses around a sports
entertainment destination known as Sportstown. The
Platinum Triangle Master Land Use Plan replaces and
supersedes the Anaheim Stadium Area Master Land
Use Plan.
The PTMU Overlay Zone replaces and supersedes the
(SE) (Sports Entertainment Overlay) Zone, which was
the implementing zone for the Anaheim Stadium Area
Master Land Use Plan. However, unlike the (SE)
Overlay Zone, the PTMU Overlay Zone does not
apply to all of the properties within The Platinum
Triangle Master Land Use Plan. The PTMU Overlay
Zone only applies to properties designated by the
General Plan for Mixed -Use. In addition, to utilizing
the PTMU Overlay Zone, these properties will
continue to be able to develop using their underlying
zones, which vary from I (Industrial), O -L (Low
Intensity Office), PR (Public Recreational), T
(Transitional) to CG (General Commercial). The
underlying zones for properties within the area
designated for Mixed -Use by the General Plan are
shown on Figures 6 -10.
Properties within The Platinum Triangle that are not
designated for Mixed -Use by the General Plan are
designated for Office High, Office Low, Open Space,
Industrial and Institutional uses. The respective
implementing zones are O -H (High Intensity Office),
O -L (Low Intensity Office), I (Industrial), OS (Open
Space) and SP (Semi- Public).
Au as - anon
.� (Date Amendment Approved) 8
The Platinum Triangle Master Land Use Plan
................................................................................................................................................................ ...............................
A� - anon
.� (Date Amendment Approved) 9
..................................................................................................................................................................... ...............................
The Platinum Triangle Master Land Use Plan
1.1 General Plan Framework
As mentioned previously, the General Plan provides
the overall vision for The Platinum Triangle. Goal
15.1 of the General Plan's Land Use Element
envisions The Platinum Triangle as a thriving
economic center that provides residents, visitors and
employees with a variety of housing, employment,
shopping and entertainment opportunities that are
accessed by arterial highways, transit systems and
pedestrian promenades. This goal is implemented
through the following policies:
• Continue more detailed planning efforts to guide
the future development of The Platinum Triangle.
• Encourage a regional inter -modal transportation
hub in proximity to Angel Stadium of Anaheim.
• Encourage mixed -use projects integrating retail,
office and higher density residential land uses.
• Maximize and capitalize upon the view corridor
from the Santa Ana (I -5) and Orange (SR -57)
Freeways.
• Maximize views and recreation and development
opportunities afforded by the area's proximity to
the Santa Ana River.
The Community Design Element provides further
policies related to development within The Platinum
Triangle:
• Develop comprehensive, Mixed -Use Overlay
Zone and Design Guidelines to implement the
vision for The Platinum Triangle.
• Provide a mix of quality, high - density urban
housing that is integrated into the area through
carefully maintained pedestrian streets, transit
connections, and arterial access.
• Develop a Public Realm Landscape and Identity
Program to enhance the visibility and sense of
arrival into The Platinum Triangle through
peripheral view corridors, gateways, and
specialized landscaping.
• Develop a strong pedestrian orientation throughout
the area, including wide sidewalks, pedestrian
paths, gathering places, ground -floor retail, and
street -level landscaping.
• Encourage extensive office development along the
highly visible periphery of the area to provide a
quality employment center.
• Develop criteria for comprehensive property
management agreements for multiple - family
residential projects to ensure proper maintenance
as the area develops.
• Identify and pursue opportunities for open space
areas that serve the recreational needs of Platinum
Triangle residents and employees.
1.1.1 Land Use Designations
The General Plan Update de now provides
several land use designations for The Platinum
Triangle (see Figure 3). Below is a description of these
uses.
Mixed -Use
Located in the heart of The Platinum Triangle, the area
designated for Mixed -Use allows office, retail and
residential uses to occur in close proximity or within
the same building. An eclectic mix of land uses,
building types and walkable streets will provide an
exciting new live /work environment. The maximum
density for The Platinum Triangle Mixed -Use
designation is 947-5L 5.00 dwelling units, 3,265,000
square feet of office uses and '',^ &2,254,400
square feet of commercial uses. The designation will
be implemented through the PTMU Overlay Zone
which will provide for quality neighborhoods and
building design through carefully created zoning
regulations. The PTMU Overlay Zone allows existing
underlying zoning to remain in place. Property owners
may either develop or continue operating under the
existing zoning designation or, if they choose, they
could take advantage of the opportunities to develop
under the requirements of the PTMU Overlay Zone.
Auguste - ( Date Amendment Approved) 10
The Platinum Triangle Master Land Use Plan
Office High and Office Low
Located along the freeways and the periphery of The
Platinum Triangle, the high and low density office
areas will be implemented through the O -H (Office
High) and O -L (Office Low) Zones and will provide
new workplace opportunities within easy access to a
variety of housing, retail, entertainment and sports
facilities within the Mixed -Use areas. The maximum
amount of allowable office square footage in these
office high and low designations is 1,735,000 square
feet.
Industrial
At the northern periphery of The Platinum Triangle
there are industrial uses, which will continue to
provide needed jobs for the area. Industrial uses may
have a FAR ranging from 0.35 to 0.50. The
implementing zone for these uses is the I (Industrial)
Zone.
— Open Space
W+++• Railroad
Open Space
The Open Space designation includes those areas
intended to remain in natural open space including
utility easements that will provide recreational and
trail access to Anaheim's residents. The implementing
zone is the OS (Open Space) Zone.
Institutional
The Institutional designation covers a wide variety of
public and quasi - public land uses and is applied to
existing public facilities. Institutional uses may have a
FAR of 3.0. The implementing zone is the SP (Semi -
Public) Zone.
. 1w
A- ust- 2 0(Date Amendment Approved) 11
..................................................................... ...............................
The Platinum Triangle Master Land Use Plan
............................................................................................................................ ............................... .
Figure 3: General Plan Designations
Auguste - ( Date Amendment Approved) 12
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The Platinum Triangle Master Land Use Plan
.............................................................. ...............................
1.2 Environmental Requirements
An Environmental Impact Report (EIR) for the
General Plan Update (EIR No. 330), which included
an analysis of the maximum development intensity for
The Platinum Triangle, was prepared in compliance
with the California Environmental Quality Act
(CEQA) and the State CEQA Guidelines.
FIR No. 330 identified impacts associated with the
General Plan Update Program, including the intensity
and types of land uses set forth in the General Plan for
The Platinum Triangle and recommended mitigation
measures to lessen these impacts
this desumeHj. Since EIR No. 330 was a general plan
level of environmental analysis,
itnpeevgt wff6 a subsequent FIR was prepared for The
Platinum Triangle (FIR No. 332) to further analyze
environmental impacts related to the implementation
of The Platinum Triangle Master Land Use Plan and
other associated actions. This FIR modified and
updated the mitigation measures from FIR No. 330
(see Appendix C — Updated and Modified Mitigation
Monitoring Program No. 106A for The Platinum
Trian le ).
1.3 Existing Opportunities
A number of factors are creating an impetus for The
Platinum Triangle to transition from a low density
industrial area to an urban, mixed use center including:
• A strong residential market demand combined
with a lack of available land in the region for new
housing;
• An existing stock of aging, low density industrial
buildings; and,
• A key location at the confluence of three freeways.
Two other factors provide an unusual dimension to the
ultimate character of the district. First is the
opportunity for entertainment related development
associated with Angel Stadium of Anaheim, the
Arrowhead Pond of Anaheim and The Grove of
Anaheim. Previous planning studies have explored
how the stadium can provide an anchor for sports and
entertainment related food, shopping and other
experiential commercial uses. Second is the existing
and future transit opportunities. The Anaheim
Regional Transportation Intermodal Center (ARTIC)
is proposed to provide enhanced access to existing bus,
Amtrak and Metrolink services as well as a link to
both the proposed California High Speed Rail system
and the California/Nevada maglev rail line. The
proposed location incorporates the existing
Amtrak/Metrolink station and parking lot, and
property adjacent to Douglas Road, south of Katella
Avenue. While this station is still in the planning
stages, it could provide the engine for a major high
density Transit Oriented Development that could be a
model for Smart Growth.
A- ust- 2 0(Date Amendment Approved) 13
2.0 THE PLATINUM TRIANGLE
VISION
As discussed under the General Plan Framework, The
Platinum Triangle Master Land Use Plan envisions an
exciting future for the area surrounding Angel Stadium
of Anaheim, Arrowhead Pond of Anaheim and The
Grove of Anaheim.
2.1 Planning Principles
In order to further implement the General Plan polices
and establish a framework for the implementation of
The Platinum Triangle Vision, several planning
principles have been established:
2.1.1 Balance and Integrate Uses
In order to maximize long -term property value, The
Platinum Triangle will not only provide new
development opportunities for office, residential and
sports /entertainment and allow existing industrial uses
to continue, but link the various uses together with
walkable streets, open space and consistent landscape.
Regardless of market strengths for any one use at a
given time, the opportunity and value for all uses will
be enhanced by a supportive, integrated and multi -use
district approach.
2.1.2 Stimulate Market - Driven Development
The Master Land Use Plan is intended to facilitate and
encourage new development within The Platinum
Triangle and capture the strong residential market
demand within the region. The PTMU Overlay Zone is
intended to guide, not inhibit, current market forces.
Development scenarios are encouraged that will lead
to strong economic return and added value to the
community and quality of housing stock. The growth
of housing in The Platinum Triangle will also
stimulate high quality office development since few
locations within the region provide for both adjacent
housing and local services.
Platinum Triangle Master Land Use Plan
2.1.3 Create a Unique, Integrated, Walkable
Urban Environment
To achieve the potential of The Platinum Triangle in
both quality of life and land value, a vibrant, walkable
urban environment is required. Comfortable walking
environments between jobs, housing and local services
that reduce the need to drive and attractive buildings
and integrated open space are attributes that require
guidance and facilitation. It will be essential that each
new project make a contribution toward this new
urban quality and character.
2.1.4 Develop an Overall Urban Design
Framework
Ground floor retail, urban parks and street landscape
treatments will be most effective if combined into a
larger planning vision. These elements, along with
new street locations, density concentrations and
pedestrian linkages are part of The Platinum Triangle
Urban Design Plan (see Figure 4). It is also important
to link employment and housing so that each supports
and facilitates the other.
Auguste - ( Date Amendment Approved) 14
Platinum Triangle Master Land Use Plan
............................................................................................................................................................... ...............................
2.1.5 Reinforce Transit Oriented
Development Opportunities
The Master Land Use Plan and PTMU Overlay Zone
provide opportunities for Transit Oriented
Development in close proximity to existing and future
rail and bus transportation facilities.
Entertainment, retail, high density housing and office
are envisioned as potential uses for this emerging new
regional activity and mixed use center, situated near
the existing Amtrak/Metrohnk, the proposed ARTIC
stations, The Grove of Anaheim and Angel Stadium of
Anaheim. A loop road connecting Gene Autry Way
with Douglass Road could also be provided to
facilitate linkages in this area.
2.1.6 Maintain and Enhance Connectivity
The linkage between The Anaheim Resort and The
Platinum Triangle will be enhanced, connecting the
jewels of the City including the Angel Stadium of
Anaheim, the Arrowhead Pond of Anaheim, the
Anaheim Convention Center and The Disneyland
Resort. On a more local level, emerging
neighborhoods will be connected by a newly expanded
functional and convenient street network creating a
finer - grained network of streets and pedestrian ways.
The system will allow high capacity event -based
networks to work in conjunction with an everyday,
pedestrian- friendly local circulation system.
2.1.7 Create Great Neighborhoods
A major goal of the Master Land Use Plan is to create
long lasting neighborhoods that maintain their value
and socio- economic vitality. Therefore, the plan
provides a fundamentally strong and appropriately
scaled framework of blocks, streets, open space and
services. Only by providing these essentials can a
really rich, sustainable urbanity be achieved.
2.1.8 Provide for Installation and
Maintenance of Public Improvements
Financial Mechanisms (such as a potential Assessment
District) will be established to provide for an equitable
contribution towards installation and long term
maintenance of infrastructure, street trees, sidewalks,
and parks.
August' -°" (Date Amendment Approved) 15
Platinum Triangle Master Land Use Plan
2.2 Urban Design Elements and
Attributes
The Platinum Triangle Urban Design Plan (Figure 4)
identifies key physical elements and attributes which
are summarized in this section and, where noted, have
been incorporated into zoning code standards. These
elements and attributes are intended to ensure the
development of high quality, sustainable
neighborhoods and mixes of uses which will achieve
and maintain the highest economic value over the
long -term. Sustainability, when applied to
neighborhood and district development, means that as
economic and market values shift over the coming
decades, the inherent visual quality, level of
maintenance, and economic value of the building stock
and public spaces are maintained or increased along
with the region.
2.2.1 Build on a Connected Street Network
with Appropriate Block Size
The existing street pattern within The Platinum
Triangle lacks a connected local street network. The
addition of several carefully located street segments
will assist in achieving better traffic distribution,
alternative trip routing and smaller sized blocks. This
system can provide access to the interior of the
existing large industrial parcels so that a mix of
moderately scaled residential and office blocks can be
developed. This network also provides improved
emergency access, refuse pick -up, access to parking
areas and a more pedestrian friendly access system to
local services, workplaces and transit. This finer grain
street pattern will encourage a greater diversity in
housing type by reducing the size of projects and
making it easier to mix housing types within a single
large ownership. The smaller blocks create a more
walkable pedestrian network by providing various
routings to a variety of destinations. The conceptual
location of these connector streets is shown on Figure
4. Dedication and improvement of these streets will
be required pursuant to The Platinum Triangle
Standardized Development Agreement (see Appendix
B) which would be entered into between the property
owner and the City of Anaheim for properties that
choose to develop utilizing the PTMU Overlay Zone.
When a street width is located on more than one
property, the first development will be required to
provide all improvements adjacent to their project (i.e.,
sidewalks, parkways, bike lanes, and parking as
indicated in the Public Realm Landscape and Identity
Program in Section 4.0 of this document) and two
vehicle travel lanes. The property owner /developer
may request creation of a reimbursement agreement or
other mechanism to provide for the reimbursement for
the second travel lane at such time as the adjacent
property develops.
2.2.2 Provide Variation in Housing Type
Variety in housing and building types not only
provides stability in times of market transition but
allows a healthy mix of ownership /rental opportunities
and household types. It is especially important for The
Platinum Triangle to have a balance of for -sale and
rental housing, if the districts are to maintain strong
economic values. Ideally, four attached building types
should be encouraged as shown in Table 1 and further
explained in the descriptions that follow.
Building Type
Table 1:
Building Types OL
Unit Type
Tuck -under
Townhomes
Flats
Wrapped
Flats
deck
Podium
Townhomes
Flats/Townhomes
Flats
A444eeHioh-
Flats
rise tower
Typical
Ownership
For sale
Rental
Rental
For sale
For sale
Rental
For sale
Density
Range
Units /Acre
16 -24
18-30
45 -80
16 -32
36£5
48 -100
65 -100
A ugus3, 2004— to Amendment Approved) 16
Platinum Triangle Master Land Use Plan
Tuck -under buildings
Tuck -under buildings have parking garages located
under the living unit and are accessed by surface
driveways.
Wrapped deck buildings
Wrapped deck buildings are buildings that surround,
or wrap around, a free- standing (not subterranean)
Podium buildings
Podium buildings have dwelling units located above a
subterranean parking structure.
Awgus� - (Date Amendment Approved) 17
AEd r High - rise tower buildings
A h�igh -rise tower is a building with a height over
fifty -five (55) feet.
Although market conditions will largely dictate which
building types may or may not be feasible, if a
residential development of more than 400 units is
proposed on a parcel of five acres or greater, then
more than one building type is required to achieve a
healthy diversity and mix (i.e. one building could be a
tuck -under building type and another a wrapped deck
type). The building types proposed to meet this
requirement must vary by at least two (2) stories in
height. This criteria encourages projects of a size and
scale that are not overwhelming and provides a rich
mix of block, building and unit configurations. Height
and coverage criteria will also guide projects toward
variations in density and open space.
A mix of parking solutions is also encouraged by
providing incentives (tandem and valet parking) for
subterranean parking so that higher density podium,
and ^in�� high -rise tower projects can be achieved.
parking structure.
Platinum Triangle Master Land Use Plan
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Auguste - ( Date Amendment Approved) 18
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Platinum Triangle Master Land Use Plan
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2.2.3 Provide Parks and Recreational -
Leisure Areas
Higher density neighborhoods need parks and open
space to offset building height and coverage and
provide space for informal leisure activities. Well-
crafted and programmed public space also encourages
people gathering, neighborhood events and community
engagement. Development on parcels larger than eight
acres will be required to provide a mini park based on
the number of dwelling units developed on the parcel.
These parks will be programmed with flexible use turf
areas, picnicking, child play areas and seating. In
addition, every development will be required to
provide two hundred square feet of recreational- leisure
area for each dwelling unit within private and/or
common areas.
2.2.4 Create a Street /Ground Floor Zone that
is Attractive, Safe and Engaging
Great urban neighborhoods have attractive, safe and
interesting streets that are enjoyable to experience as
both a pedestrian and driver. Such streets require
ground floor architectural treatments, consistent
setbacks, landscape and sufficient interaction with the
adjacent uses, so that an "eyes on the street' sense of
natural security is achieved. On the arterial streets this
will be achieved through landscape, street trees,
entries, patios and attractive architecture. On the
connector streets, individual dwelling entries and
stoops will additionally activate the pedestrian zone.
Setbacks have been established that provide a balance
between full utilization of the site for development and
creating sufficient room for landscape. The setbacks
are the narrowest on the connector streets with lower
The General Plan and The Platinum Triangle Urban
Awgus� - (Date Amendment Approved) 19
traffic volumes and the desire for a more intimate,
human -scale street space. The major intersections
within The Platinum Triangle will be framed by
landmark architecture that addresses the intersections
and lets visitors know they have arrived at a major
destination.
Design Plan (Figure 4) also identify a larger active
neighborhood sports park in the vicinity of the
southwestern portion of The Platinum Triangle to meet
organized field sport needs.
Platinum Triangle Master Land Use Plan
Ground floor commercial uses will also activate the
Larchmont Boulevard
® 44
pedestrian zone. To insure that retail and other
support commercial uses occur in locations supportive
of the overall framework plan, their location will only
be required adjacent to Market Street and along Gene
Autry Way, east of Market Street (see 2.2.5); however
they may be located anywhere within the PTMU
Overlay Zone. If the square footage of commercial
exceeds the amount analyzed for that district by FIR
No. 3329, further environmental review will be
required.
2.2.5 Provide a Centerpiece Walking and
Shopping District — The Market Street
A key feature of the plan is to create anew, animated
walking street, Market Street, which allows convenient
access to local services and links together neighborhoods
and districts as shown in Figure 4. This Market Street will
create the backbone for a dynamic urban district by
promoting mixed use and the opportunity for residents
and workers to be less dependent on the automobile.
Many notable and high value urban neighborhoods
have as their centerpiece a great local walking and
shopping street. These walkable streets are small -scale
and provided convenient shopping, cafes and
professional offices. Union Street in San Francisco,
Larchmont Boulevard in Los Angeles, Gaylord Street
in Denver and 0 Street in Berkley are good examples
of small scale active local streets. Although their scale
and character may vary, these streets provide a
backbone public space and place for residents to
gather, people- watch, and meet daily needs with less
dependence on the car.
Market Street will be a two lane street with parking on
both sides that will provide for continuous commercial
uses on the ground floor. Wide sidewalks, street trees,
benches, thematic street lights and opportunities for
sidewalk cafes and urban parks will make this street an
"outdoor living room" and the gathering place for the
local residents, as well as draw shoppers and diners
from nearby employment areas. Although interior to
the existing "superblocks," Market Street will intersect
Katella Avenue and Gene Autry Way, creating retail
exposure and encouraging access from surrounding
neighborhoods.
Augus3 - ( Date Amendment Approved) 20
Gaylord Street
Platinum Triangle Master Land Use Plan
.......................................... ............................... I ...................
Ground Floor Commercial Uses are required on
Market Street and along Gene Autry Way, east of
Market Street. Ground Floor Commercial Uses along
Gene Autry Way will provide an important link
between Market Street and the Stadium District. The
PTMU Overlay Zone provides a list of retail and non-
retail uses which meet this Ground Floor Commercial
use requirement. Non - retail uses include local service
commercial, multi -tenant office, community facilities,
fitness, leasing offices or child care. It is anticipated
that initially there may be more non - retail uses until
such time as sufficient residential units are built to
support retail uses. ,.,.......efei.a us @s will a@ a
minimum dopth of 30 feot as Provided f,4r in the
It is also envisioned that larger retail services uses
such as a grocery stores, drug stores, larger restaurants
and entertainment uses will locate along Katella
Avenue or Gene Autry Way where they share frontage
and provide gateways to Market Street or along Gene
Autry Way as it connects Market Street to Angel
Stadium of Anaheim.
Awgus� - (Date Amendment Approved) 21
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Platinum Triangle Master Land Use Plan
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YH
C7 CIL-
I
Q
E �
n
Legend
1 +11� The Platinum Triangle Boundary
0 Mixed -Use General Plan Designation
r ■ ■ ■ ■ Conceptual Connector Streets
Conceptual Market Streets
(Required Ground Floor Commercial)
Required Ground Floor Commercial
0
Potential Signalized Intersection
Conceptual Mini Park Location
Conceptual Neighborhood Park Location
Existing Amtrak(Metrolink Station Location
Conceptual ARTIC Station Location
Landmark Architecture
mi r
A� taa
.� - anon
...................................................
(Date Amendment Approved)
...............................
1
q
` � 3
0 750 1500 3000
22
................
Platinum Triangle Master Land Use Plan
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Figure 4: The Platinum Triangle Urban Design Plan
August 20, 2 Date Amendment Approved) 23
..................................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
3.0 MIXED USE DISTRICT
OVERVIEW
Several distinct mixed -use districts have been
identified within the portion of The Platinum Triangle
designated for mixed -use (see Figure 5) to create
greater neighborhood identity and take advantage of
site opportunities. These districts are identified in The
Master Land Use Plan and in the PTMU Overlay
Zone.
3.1 Development Intensities
The total maximum development for The Platinum
Triangle mixed use designation is X5- 500
residential dwelling units, 3,265,000 square feet of
office development, and - 2 ,nn= 4,300 2 254,400 square
feet of commercial development. Table 2 indicates the
maximum permitted mixed -use development intensity
established for each district.
Auguste -2094— Date Amendment Approved) 24
This maximum intensity is based on planning and
infrastructure considerations analyzed byi* FIR Nos.
330 and 332 such as traffic capacity, access and
availability of infrastructure and proximity to
destination areas. The existing square footage may be
demolished and replaced with new construction as
long as the total square footage does not exceed the
maximum assigned to each district. If development
intensities are proposed to exceed those analyzed by
FIR No. 3329, further environmental analysis and
potentially an amendment to the density identified in
the General Plan for The Platinum Triangle will be
required.
Table 2:
Development Intensities
District
Housing Units
Office
Commercial Square
Square Feet
Feet
Stadium
1,750
1,760,000
1,300,000
Arena
425
100,000
100,000
Katella
4,250
775,000
544200630300
Gene Autry
1,000
100,000
54,904174100
Gateway'
4 075
530,000
50,000
`The Gateway District encompasses Sub Areas A,-aa4 B and C see
Section 3.6 -
Gatewav District: 321
housina units are soecifically
designated for Sub -Area C
[ #21
Figure 5: Mixed Use Districts
Platinum Triangle Master Land Use Plan
.............................................................. ...............................
3.2 Stadium District
The underlying zone for the Stadium District is the
PR, (Public Recreation) Zone which regulates City -
owned properties and facilities. The PTMU Overlay
Zone sets forth a maximum density of 1,750 dwelling
units, 1,760,000 square feet of office uses and
1,300,000 square feet of commercial uses for this
District, but does not set forth any new zoning
standards for this area. In addition, a potential new
stadium and 150,000 square foot exhibition center
were analyzed in EIR Nos. 330 and 332 The design
for this district will be determined at a later date.
Within this District there is the potential for the
emergence of another major hub for Anaheim. The
existing Amtrak/Metrohnk station and the proposed
Anaheim Regional Intermodal Center (ARTIC) station
provide the impetus for major Transit Oriented
Development. If properly integrated with the Angel
Stadium of Anaheim and the Arrowhead Pond of
Development principles include:
• Create a sustainable balance between everyday
land uses /services and more intermittent special
event activity.
• Separate major event circulation and parking from
existing and future rail and bus facilities, office,
retail and residential uses.
• Provide an internal, pedestrian -scale "promenade"
street that allows walkable access to the transit
stations and links the transit oriented development
to the adjacent districts.
• Balance regional transit access and mixed use
place - making to allow the maximum number of
workers and residents to be within a five minute
walking distance from the stations.
• Provide attractive urban streets lined with active
ground floor uses and a scale of street width and
building placement that creates security, a
comfortable human scale and energizes ground
floor retail and entertainment uses.
Anaheim, development in this area could lead to a
highly sustainable mix of high energy uses, 18-
hour /365 -day activity and provide additional housing
in the city. Parallel experiences in other parts of the
country, such as Denver, Washington D.C., Dallas and
Atlanta suggest that the true long -term potential for a
site with transit stations of this size could generate a
high density, transit- oriented, mixed -use hub
unparalleled in this part of the country. As market
trends combine with transit oriented development
goals, the concept of a high -rise, mixed -use, urban
village, complimented by sports and entertainment
would allow thousands of residents and workers to
meet daily needs with minimal auto use, vehicle miles
traveled and the resulting congestion and air quality
issues.
• Encourage a full compliment of uses including
corporate office, for sale residential, rental
residential, local professional office, local support
retail and community services to create activity
365 days a year.
14f 1
NTs
Figure 6: Stadium District Underlying
Zoning and Location Map
Awgus� - (Date Amendment Approved) 25
Platinum Triangle Master Land Use Plan
............................ ............................... I ..... I .......
3.3 Arena District
The underlying zones for the Arena District are PR
(Public Recreation), which regulates City -owned
properties and facilities including Arrowhead Pond of
Anaheim, and T (Transition). The PTMU Overlay
Zone sets forth a maximum density of 425 dwelling
units, 100,000 square feet of office and 100,000 square
feet of commercial uses for this district but does not
set forth any new zoning standards for this area. The
design for this area will be determined at a later date.
The Arena District has high visibility from the 57
Freeway. This District will also be affected by the
future ARTIC station and will be particularly attractive
to restaurants, retail and office uses. A landscape
promenade is provided along Douglass Road to link to
the Stadium District.
Development principles include:
• Create a balance between everyday land uses/
services and more intermittent special event
activity.
• Provide a connection with the existing and future
transit stations in the Stadium District through
Douglass Road.
• Provide landmark architecture that addresses the
intersection of Katella Avenue /Douglass Road.
A regional bicycle path is adjacent to this District and
is proposed to connect to the Amtrak/Metrohnk and
the future ARTIC stations.
August 2 (Date Amendment Approved) 26
.................................................................. ...............................
I t NTS
Figure 7: Arena District Underlying Zoning
and Location Map
Platinum Triangle Master Land Use Plan
...................................................................................................................................................... ...............................
KEM►MMIFIRIaR •��
The underlying zones for the Katella District are I
(Industrial), O -L (Office -Low) and CG (General
Commercial). The I Zone allows for industrial
employment opportunities, research and development,
repair services, wholesale activities, distribution
centers and manufacturing and fabrication. The O -L
Zone provides for a variety of low- intensity office uses
that are typically three stories or less in height. The
CG Zone allows a variety of commercial uses.
This district includes properties adjacent to Katella
Avenue, a regional Smart Street which links The
Platinum Triangle to The Anaheim Resort. In addition,
Katella Avenue provides access tote Angel Stadium
of Anaheim, The Grove of Anaheim,4he Arrowhead
Pond of Anaheim and the existing Amtrak/Metrolink
and proposed ARTIC stations. These circumstances
support a "Grand Avenue" concept, expressed by a
bold palm grove landscape statement, which will
provide a majestic entrance to the City to the east and
link The Platinum Triangle to The Anaheim Resort to
the west. Additionally, Market Street will provide a
vibrant, pedestrian oriented connection between the
Katella District and the Gene Autry District. To
maintain views of Angel Stadium of Anaheim
from the I -5 freeway, reduced building heights are
required adjacent to Gene Autry Way (see Gene Autry
District for more information).
Development principles include:
• Implement the double palm tree grove along
Katella Avenue (see the Public Realm Landscape
and Identity Program in Section 4.0 of this
document) and provide setbacks sufficient for
implementation.
• Allow a variety of landscape and hardscape
treatments where ground floor commercial and
residential uses transition to the street parkway,
including shop fronts, outdoor dining and planters.
• Introduce connector streets that provide access
into the deep parcels located along Katella
Avenue. These walkable, residential-lined streets
are important in achieving sustainable
neighborhoods. Such streets may be implemented
incrementally as adjacent parcels develop.
• Provide additional public open space in the form
of mini parks within larger parcels.
• Provide landmark architecture that addresses the
intersections of Katella Avenue /State College
Avenue and Katella Avenue /Sportstown.
• Provide ground floor commercial uses and
attractive pedestrian walkways along Market
Street.
• Building heights step back from Gene Autry Way
to allow a view corridor from the I -5 freeway to
the Angel Stadium of Anaheim.
^°° „ sty- °"(DateAmentlmentApprovetl) 27
® Nis
Figure 8: Katella District Underlying Zoning and Location Map
Platinum Triangle Master Land Use Plan
............................ ............................... I .............
3.5 Gene Autry District
The underlying zone for the Gene Autry District is the
I (Industrial) Zone. The I Zone allows for industrial
employment opportunities, research and development,
repair services, wholesale activities, distribution
centers and manufacturing and fabrication.
Development principles include:
• Building heights step back from Gene Autry Way
to allow a view corridor from the I -5 freeway to
Angel Stadium of Anaheim.
• Provide ground floor commercial uses and
attractive pedestrian walkways along Market
Street.
With Market Street as a primary feature, the Gene
Autry District provides the opportunity for a
sophisticated mixed use neighborhood that provides
both for -sale and rental housing types. At completion
this could create one of the most animated and
desirable urban neighborhoods in the County.
Market Street traverses the heart of this district
intersecting with Gene Autry Way. While small local
retail shops, restaurants and professional services are
required on Market Street, they are also envisioned to
extend along Gene Autry Way to State College
Boulevard. The need for local services in this district
is important to allow the choice for a more pedestrian,
less auto - oriented lifestyle.
To maintain views of Angel Stadium of Anaheim from
the I -5 freeway, building heights are reduced to 55 feet
within 300 feet of Gene Autry Way and 75 feet within
300 to 600 feet of Gene Autry Way. Connector streets
and mini parks are also proposed. These additions not
only provide better access to the deep parcels but
provide a system of walking streets and open spaces
that allow the goal of providing walkable
neighborhoods to be realized.
• Implement a street tree program that alternates
palm trees and lower level canopy trees.
• Provide additional public open space in the form
of mini parks within larger parcels.
• Investigate, as the opportunity presents, the
implementation of a neighborhood park west of
this district to accommodate sports and other
active park needs.
• Provide landmark architecture that addresses the
intersection of State College Avenue /Gene Autry
Way.
i. I If rT
Katetla Avenue '1 I I
Auguste - ( Date Amendment Approved) 28
it NTS
Figure 9: Gene Autry District Underlying
Zoning and Location Map
Platinum Triangle Master Land Use Plan
3.6 Gateway District
The underlying zones for the Gateway District are the
I (Industrial) PR (Public Recreational) and O -L (Low
Intensity Office) Zones. The I Zone allows for
industrial employment opportunities, research and
development, repair services, wholesale activities,
distribution centers and manufacturing and fabrication.
The PR Zone regulates City -owned properties and
facilities. The O -L Zone provides for a variety of low -
intensity office uses that are typically three stories or
less in height.
Aptly named, this district provides the entry
experience into both the city and The Platinum
Triangle from the south and west. The Gateway
District is divided into Sub Areas A,-aFd B, and C, in
order to provide for the development of Sub Area B
pursuant to Conditional Use Permit No. 2003 -04763
and to designate 321 housing units within the Gateway
District for development of Sub Area C
Development Principles include:
• Implement the palm tree and canopy tree plantings
along Orangewood Avenue and State College
Boulevard.
• Provide landmark architecture that addresses the
intersection of State College /Orangewood Avenue.
• Provide bike lanes along Orangewood Avenue and
connector streets to provide an important link to
the Santa Ana River regional trail system.
[ #31
Figure 10: Gateway District Underlying
Zoning and Location Map
Awgus� - (Date Amendment Approved) 29
................................................................. ...............................
= Sub Area A = Sub Area B = Sub Area C
Platinum Triangle Master Land Use Plan
4.0 PUBLIC REALM
LANDSCAPE AND IDENTITY
PROGRAM
Streetscape elements, including gateways, public art,
light fixtures, street furniture and signs, will be
coordinated with a Landscape Concept Plan unique to
The Platinum Triangle, to establish and reflect The
Platinum Triangle's distinctive image and character.
The Public Realm Landscape and Identity Program
will:
• Establish a visual identity with a hierarchy of
identity elements which reinforces the land use,
circulation, open space and landscape systems of
the Master Land Use Plan.
• Celebrate the unique combination of a
cosmopolitan urban area with sports and
entertainrnent imagery.
• Reinforce linkages to The Anaheim Resort.
4.1 Streetscape Elements
Streetscape elements will unify and identify The
Platinum Triangle and provide directions for visitors to
the area. Streetscape elements include gateways,
public art, light fixtures, street furniture and signs.
Individual projects within The Platinum Triangle may
have their own individual project identity within their
project boundaries, but the character of the streetscape
elements within the public right -of -way will be
consistent throughout The Platinum Triangle.
4.1.1 Gateways
Gateways will set the scale and image of The Platinum
Triangle for visitors as they pass by, identify and enter
the area. It is anticipated that these gateways will be
located on or in close proximity to the Stadium
District. The design of the gateways will be
determined at a later date when the Stadium District is
developed. In order to effectively create the proper
sense of arrival, these gateways should achieve the
following:
• Provide a scale that contrasts with the surrounding
features.
• Reflect the design character of the area and
incorporate sports and entertainment related
imagery.
• Provide a lasting visual impression.
• Express a variety of imagery through layering of
Gateways.
• Create public icons at the edges of the Stadium
and Arena Districts.
The identity program includes the following:
• Street furniture within the public right -of -way,
such as bus shelters, that is consistent throughout
The Platinum Triangle.
• An area -wide banner system on the arterial roads,
which will create a vehicle- oriented identity for
the entire Platinum Triangle, especially in
connection with events.
• Site furnishings that meet the needs of the
residents, visitors and workforce of The Platinum
Triangle on an area and need specific basis.
4.1.2 Public Art
Public art provides added interest, variety, and beauty
to the City's public places. Well- designed public art
creates a connection between the public and the
culture of the community by designing places that
incorporate symbols that serve to entertain and enrich
urban areas. Public art will be encouraged in the mini
parks and new gathering places that will be developed
within The Platinum Triangle.
August ",'"""(Date Amendment Approved) 28
........................................................ ...............................
4.1.3 Light Standards
The City of Anaheim light standard will be used
throughout The Platinum Triangle with the exception
of Katella Avenue, Gene Autry Way, Market Street
and Connector Streets. On Katella Avenue and Gene
Autry Way, the Anaheim Resort light standard will
provide a visual link between The Platinum Triangle
and The Anaheim Resort. A pedestrian oriented acorn
light standard will be implemented on Market Street
and Connector Streets to enhance the pedestrian -
friendly environment of these two streets.
FINIAL r—
BANNER ARM
COUPLING (2)
0
POLE a
LENGTH 1
26 W
MOUNTING
CAST HEIGHT
RING 29•_4•
2 PIECE
SIGN
BRACKET
j I BRACKET
314"
i 4 Y
i Tu i
Figure 11: Anaheim Resort
Light Standard
Platinum Triangle Master Land Use Plan
............................................................... ...............................
LUMINNRE
(SEE TPBLE)
—TENON PER
POLE MOUNTING
LENGTH HEIGHT
15' NOM. 14' -10"
NoM.
Figure 12: Acorn Light Standard
"u^��^',.� ",'"""(Date Amendment Approved) 29
................................................................. ...............................
Platinum Triangle Master Land Use Plan
4.1.4 Street Furniture
Street furniture within The Platinum Triangle will be
the standard street furniture used throughout the City
Street furniture includes bus shelters. benches and
trash receptacles.
4.1.5 Signs
Within The Platinum Triangle, civic signage will play
three major roles: identification of The Platinum
Triangle, directional assistance to arriving visitors and
reinforcement of the visual themes of cosmopolitan
urban activities, sports and entertainment.
Changeable Message Signs
Changeable message signs provide timely information
to visitors to The Platinum Triangle. These existing
changeable message signs will remain in the current
locations unless otherwise determined in conjunction
with future development of the Stadium or Arena
Districts.
Directional Signs
Signs which provide directional instructions to
arriving or departing visitors will become increasingly
important within The Platinum Triangle as new
development occurs. The number, type and location of
signs should be determined prior to development of
the Stadium District, potentially in connection with the
future design of the gateways. This will assure that the
overall character of the signs is consistent, and
interrelated circulation issues for Angel Stadium of
Anaheim, Arrowhead Pond of Anaheim, The Grove of
Anaheim and the proposed ARTIC station, can be
addressed.
Banners
All street light standards on arterial roads within The
Platinum Triangle will have a removable armature for
banners that will be changed out regularly. Banners
will be brightly colored, festive and may be fabricated
as sewn, silk screened on nylon or photo image
reproduction on an exterior grade substrate.
Figure 13: Citywide Standard Bus Bench
August ",'"""(Date Amendment Approved) 30
Platinum Triangle Master Land Use Plan
.......................................... ............................... I ...................
4.2 Landscape Concept Plan and
Cross Sections
The intent of the Landscape Concept Plan is to create a
memorable, unified and civic - scaled public landscape
for The Platinum Triangle. To achieve this, the
Landscape Concept Plan proposes extensive landscape
improvements within the area's public rights -of -way
and landscape setback areas. This section describes the
landscape goals for The Platinum Triangle and
provides typical plans and cross sections which
establish the basic requirements for landscape
development. Implementation of the Landscape
Concept Plan within the public right -of -way will occur
with development of new projects within the area
unless otherwise determined by the City.
Figure 14 shows how the andscape Concept Plan
applies to The Platinum Triangle and provides the
overall unifying landscape framework.
The full-street cross sections and plans that follow
show the landscape treatment of the typical conditions
on each of The Platinum Triangle's major streets. The
right -of -way dimensions may vary subject to the
approval of the City Engineer. The treatment shown
for each street is based on the Landscape Concept
Plan. Whenever possible, utilities will be placed
underground.
August 23, 2904 (Date Amendment Approved) 31
................................................................. ...............................
Platinum Triangle Master Land Use Plan
.............................................................................................................................. ...............................
August ",'"""(Date Amendment Approved) 32
................................................................................................................................................. ...............................
Platinum Triangle Master Land Use Plan
...................................................................................................... ...............................
Legend
��••� The Platinum Triangle Boundary
r Date Palm
i Mexican Fan Palm
• Green Canopy Tree
C) Flowering Canopy Tree
a Citrus Tree
runs Conceptual Connector Streets
Conceptual Market Streets
(Required Ground Floor Commercial)
Required Ground Floor Commercial
0 790 . 15 00 a000
Conceptual Mini Park Location
�ir Conceptual Neighborhood Park Location
4412 Existing Amtrak/Metrolink Station Location
Conceptual ARTIC Station Location
Mixed -Use General Plan Designation
Potential Signalized Intersection
August 23, 2�25042�2504 (Date Amendment Approved)
.......................... ...............................
33
Platinum Triangle Master Land Use Plan
................................................................................................................ ............................... I ..... I.. I ....
':VIAa,
Legend
«+.� The Platinum Triangle Boundary r Date Palm
► Mexican Fan Palm
o Green Canopy Tree
D Flowering Canopy Tree
Citrus Tree
r ■ ■ ms Conceptual Connector Streets
Conceptual Market Streets
(Required Ground Floor Commercial)
Required Ground Floor Commercial
b
0 750 too s000
Figure 11: Landscape Concept Plan
August ",'"""(Date Amendment Approved) 34
..................................................................................................................................................................... ...............................
Conceptual Mini Park Location
Conceptual Neighborhood Park Location
Existing Amtrak/Metrolink Station Location
i•
Conceptual ARTIC Station Location
Mixed -Use General Plan Designation
Potential Signalized Intersection
Figure 11: Landscape Concept Plan
August ",'"""(Date Amendment Approved) 34
..................................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
...................................................................................................................................................... ...............................
August ",'"""(Date Amendment Approved) 35
..................................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
............................................................................................................. ............................... I.. I ..... I .......
18
J
33
Legend -,
io Vdennar Signalized Intersection
.... Conceptual Connector Street Location
..• Conceptual Market Street Locadon
Mixed Ilse General Plan Designation
o V'
I
`` 9 i B iw
�I iIEMP
August ",'"""(Date Amendment Approved) 36
................................................................................................................................................. ...............................
Platinum Triangle Master Land Use Plan
..................................................................................................................................................... ...............................
18
1
Legend,
poentiol Signaezed lnhuBECtiOM1
.... Cmeptusl Connectn SVest Locafim
...+ Co ptual Market Slmel Lmalion
Mizeg Use General Plan Cesignatm
25
N
[ #4 -2]
See Figure 31 for Secondary Streets (Howell Avenue, Sunkist Street and Cerritos Avenue)
Figure 12: Cross Section Key Map
August,. ",'"""(Date Amendment Approved) 37
..................................................................................................................................................................... ...............................
4.2.1 Katella Avenue
The central feature of Katella Avenue, between the
Santa Ana Freeway and the entrance to Angel Stadium
of Anaheim, The Grove of Anaheim and the
Amtrak /Metrolink station, is the grove -style planting
of Date Palms. This planting continues the treatment
of Katella Avenue in The Anaheim Resort west of the
Santa Ana Freeway.
A single species mass of Fort Night Lily or other white
or purple flowering shrub provides a low shrub under -
story for the Date Palms located in the parkway. A
second row of matching Date Palms will be planted in
the setback area in six -foot square cut -outs. The
median will also consist of Date Palms, with flowering
Platinum Triangle Master Land Use Plan
............................ ............................... I .............
vines such as Bougainvillea `San Diego Red' or Blood
Trumpet Vine attached to the trunk of the palm, and a
single species mass of Kangaroo Paw or a similar
orange or yellow flowering compliment. Adjacent to
ground floor commercial uses, the setback area will be
paved to provide pedestrian access.
The landscaping for Katella Avenue changes near the
railroad grade separation and further east to the City
limits. Along this section of Katella Avenue, the Date
Palms are eliminated within the Pedestrian/Landscape
Realm and large -scaled Mexican Fan Palms are
planted within the parkways.
August ",'"""(Date Amendment Approved) 38
...................................................... ............................... I ..........
Date Palm (Phoenix dactylifera)
Kangaroo Paw
(Anigozanthos)
Fort Night Lily (Dietes)
Bougainvillea
(Bougainvillea)
Mexican Fan Palm
(Washingtonia robusta)
(Distictis buccinatoria)
Platinum Triangle Master Land Use Plan
.............................................................. ...............................
Lai
Median
Pate Palm in-
pedesmsnl
landscape
realm
Dale Palm
in Parkway
Small accen! —
trees and
flowering shrubs
in landscape
realm
Residential -
use with
ratio and
stoup
Parkway
$idewalk
Stadium
i
I
I�
I
I
fii. '.,� ., fit I 111 11 1 1 11 I
Figure 16: Katella Avenue Wes of St C 19
Santa Ana Freeway to East of State College Boulevard (Stadium Entrance)
. August 23
T,� ,'nn4(DateAmendmentApproved) 39
.................................................................................................................................................. ...............................
Setback area wnt.m. tree
C
grates, paving anti
! p c
Private patios may encroach
Landscape
6f1
$' imo setback area
Dale Palm in Parkway
and median to match In
spacing and height
Flowering vine
attached to trunk
L
—�
Sine species gl W
palm: single species
/lawering low hedge In
of nowedng per
parkway (24" max,
shrub or groundcover
height)
in median
4,�-ac -
�
4
+ Residential
is" 6' 7' IT 11' _ 11' _ 11'
1 1' 11' y 11' 13'
7' 6''
IS'
with Gr tl ,
Setback '. Parkway
Y
arkes aY
Setback
Floor
Commercial
Sidewalk
sidewalk
Use
as 28'
2b'
Paving
Vahlallar Travel Lanes Median Vehicular Travel Trewl Lanes
37'
118'
31'
Stadium
i
I
I�
I
I
fii. '.,� ., fit I 111 11 1 1 11 I
Figure 16: Katella Avenue Wes of St C 19
Santa Ana Freeway to East of State College Boulevard (Stadium Entrance)
. August 23
T,� ,'nn4(DateAmendmentApproved) 39
.................................................................................................................................................. ...............................
Platinum Triangle Master Land Use Plan
.................................................................. ...............................
Mexican Fan Palm Tree F in parkway (Q 25' n.c.)
@ back of walk
Shrubs and
Groundcover
on Slope
Single Species of
flowering low
hedge in parkway
(24" max. height)
@ back of walk
`Sidewalk (5' -T)
'Planting Area (4'-2')
3a'
Vehicular Travel Lanes
Ultimate Right of
Stadium Smart Street
Date Pain
in median
Mexican Fan
Palm in
parkway
`Sidewalk
nting Area (4'-2')
Shrubs and
Groundcover
an Slope
a l l 1 6 , 1 2 V I I 51 1M
Figure 17: Katella Avenue at Railroad Grade SepaFation
Higway of National Significance
East of State College Boulevard (Stadium Entrance) to Orange Freeway
Date Palm
(30' o.c.) in median
Flowering vine
attached to trunk of
palm; single species
of flowering low
shrub or groundcover
in median
August 23, 2994 (Date Amendment Approved) 40
.............................................................................. ...............................
"Parkway Detail
Platinum Triangle Master Land Use Plan
Setback area contains
landscape, antllor pavin
Mexican Fan Palm Tree in e Palm (30'o ) € Lan
In parkway (@ 25' o.c) in median
Low powering shrub -
and /or groundcover in
parkway and
landscaped setback
129
Ulfimate Right of Way
Stadium Smarl Street (6 Lar
Parkway
Sidewalk
39'
Vehicular Travel 1-91148
Flowerng vine
attached to trunk of
Palm: single species
of rovrerng low
shrub or groundcover
In median
Sidewalk
39
Vehicular Travel Lanes
Landscaped
Median
Mexican Fen
Palm
EM
Arrowhead king
Packing PV
Landscape
selbacic of
Iow shrubs or
purge o%vring
ground cover
Parkway
6ldewalk - 1 —0 �
Figure 18: Katella Avenue EaRt of 57 Freeway
Orange Freeway to East City Limits
Commmial
Use
. August 23, 2b2es4 ^uu ^b,, 2b2ss4(DateAmendmentApproved) 41
........................................................................................................................ ...............................
4.2.2 State College Boulevard
The primary landscape treatment for State College
Boulevard consists of alternating Mexican Fan Palms
and pedestrian - scaled flowering canopy trees such as
Golden Trumpet trees and a single species of low
flowering ground cover such as Trailing Lantana
within parkways and a single row of Camphor trees in
the median. To further facilitate pedestrian access, the
setback area may be paved adjacent to ground floor
commercial uses.
Platinum Triangle Master Land Use Plan
August ",'"""(Date Amendment Approved) 42
Golden Trumpet Tree
(Cecropia obtusifolia)
Trailing Lantana
(Lantana montevidensis)
Mexican Fan Palm
(Washingtonia robusta)
Camphor Tree
(Cinnamomum comphora)
Platinum Triangle Master Land Use Plan
Commercial Setback Parkway Parkway Setback
Use r.._..
major (8 Lanes)
in pantW$j
Fan Palm
in parkway
Ground floor
c.mmerc�al
canopY
Green
canopy ire
w melon
Walk
Pedestria
paving
Ground
Floor
Use
1
� I
N
■ II _ rr�i, I � i
3 �
I
BI mr A
k1U
I
L
I� 111 Ill rill
h ^
""
hold
FBI
a a a e a A
S outh a Gene A utry
Sidewalk
$mall accenl
1= and
flowering shrub
In landscape
realm
Resldenfiaf
Use with
patio and
stoop
Pali. wall to
be minimum
3 from
sidewalk
August ",'nn" Date Amen men rove
................................................................................................................................. ...............................
Private patios may enomacn
V into setback area
Mexican Fan Palm
single row of green
alternating with medium
canopy trees in
flowering canopy tree in
median
pa kway
Small accent trees
and flowering shrubs
in landscape area
adjacent to residential
Single species of
Single species of
flowering ground
massed flowering
weer In parkway
groundcover in
(24^ max. height)
median
Commercial Setback Parkway Parkway Setback
Use r.._..
major (8 Lanes)
in pantW$j
Fan Palm
in parkway
Ground floor
c.mmerc�al
canopY
Green
canopy ire
w melon
Walk
Pedestria
paving
Ground
Floor
Use
1
� I
N
■ II _ rr�i, I � i
3 �
I
BI mr A
k1U
I
L
I� 111 Ill rill
h ^
""
hold
FBI
a a a e a A
S outh a Gene A utry
Sidewalk
$mall accenl
1= and
flowering shrub
In landscape
realm
Resldenfiaf
Use with
patio and
stoop
Pali. wall to
be minimum
3 from
sidewalk
August ",'nn" Date Amen men rove
................................................................................................................................. ...............................
Platinum Triangle Master Land Use Plan
...................................................................................... ...............................
Private patios may encroach
6' into setback area
Commercial lase Setback Parkway
2P Sidewalk
Pavirg venmis
26'
Landscape aN
Landscape i ealm
tzo'
Ultimate Right of Way
Major is Lanes) ModNed
Realm
Residential .
use wim
pain and
stoop
Mexican Fan Palm S
Single row of green
altemating with mil c
canopy trees in medi
Cowering canopy tree in
Parkway S
Small accent trees and
flevrering shrubs in
IaMscapa realm adjacerl
Flowering canopy tree in t
to residential
parkway
Mexican FanPalmsto -
i
f
_tai
�I
Y1,
Iyll
small accent trees
and flowering
shrubs in landscape
realm wRh 3'
setback from back
of walk
Sidewalk
M
Parkway —
Sidewalk
Z .
lal
B^
Ile
rru
I�
rat
111
Use,i�ioid YI I 1 I ®I�I I I M
Figure 20: State College Boulevard NeFth of Gene .Autry Way
Gene Autry Way to Katella Avenue
"ugust 23, 2994 (Date Amendment Approved) 44
.............................................................................. ...............................
Platinum Triangle Master Land Use Plan
Shrubs and Groundcover
5'
on Slope
20'
Mexican Fan Palm
11'
allernafingwilh
Single row of green
flowering canopy tree
canopy frees in
In parkway
median
Single species of
F1
flowering ground
Sidewalk
cover in parkway
Irr
(24" max. height)
16'
42'
Single species of
Vehicular Travel Lanes Vehicular Travel lanes
massed flowering
groundcover in
median
Slope!
thing Wall
5'
5'
20'
11'
11'
11'
11'
Slope!
20' 5' S' Retainin 1
Varies
Varies
Parkway
Parkway
Sidewalk
Sidewalk
42'
16'
42'
Vehicular Travel Lanes Vehicular Travel lanes
144'
Ultimate Right
Major (6 Lanes)
Green —
canopy trees
in median
Industrial
Use
Mexican Fan
Palm in
parkway
Flowering
canopy tree
in parkway
Walk
Shrubs and
Ground..,.,
on Slope
A
t
Figure 21: State College Boulevard at Railread Grade Senali
Katella Avenue to 500' North of Howell Avenue
August ", 2904 (Date Amendment Approved) 45
................................................................. ...............................
..............................
Fully landscaped setback to
consist of canopy tree and
pink ilowenng low shrub or
graundcover
Mexican Fan Palm
akamatinn u
Platinum Triangle Master Land Use Plan
........................................................... ...............................
Single row of green
Ultimate Right of Way
Major (6 Lanes)
Green —
canopy trees
in median
industrial
use
Mexican Pan
Palm in
parkway
'rFlowaring _
-" canopy lie&
in parkway
Walk t
Ia;
! Illi
�L 1
i
VUI
.I
I_I
Figure 22: State College lill of Railroad GFade SepaFat Boulevard
AU Norm of Howell Avenue to Cerritos Avenue
"��^��^'T,� 23,'nn" (Date Amendment Approved) 46
..................................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
........................................... ............................... I ...................
4.2.3 Gene Autry Way
Large canopy trees in the medians and p arkways and
Mexican Fan Palms in the setback area p rovide both a
grand scale and pedestrian - friendly environment on
this major entry into the Angel Stadium of Anaheim.
Flowering vines will be attached to the palm trees and
orange Daylilies or a similar orange flowering hedge
will be planted in the parkway. 'Php °bgpnep °F' ° ° °t °°°
To provide for a4d4eaa4- pedestrian circulation while
°«
r vvirorarn-ixar l D1 D 1 °« a 37 -foot wide sidewalk within
the public right -of -way is required with 2 '/z foot by 2
'/z foot scoring. Adjacent to this sidewalk, w4hift -the
setback area, an a dditi on a l -2 1 f wide walk
shall b «..,..:a °a m 4th.......t °t,:«..., ng - A _ « °.. ,, ° «t
f this walk ay L. b . Fay id e d t th G t.,
1 �a r 11 bo pm be paved and/or landscaped
and outdoor restaurant seating area may encroach into
this area
August,. ",'"""(Date Amendment Approvea l 47
................................................................. ...............................
Crape Myrtle Tree (Lagerstroemia indica)
Orange Daylily
(Hemerocallis fulva)
Mexican Fan Palm
(Washingtonia Robusta)
Platinum Triangle Master Land Use Plan
.......................................... ...............................
Single raw pl gfaeo —
canopy trees In n>eden
Mexican Fan Pa lm In
par4:way all ernalrg
wdh canopy trAe
(I0Cd1Ed lg 200.0.)
Flo nng
cmnpy Iree
in Parkway
Single species of
nuwEmg low
nedge m pwkirrey
r 24" Max- heig M}
Res.dentlat wan
a•�•
}g•
Grouno Floor
CwrwrtefNel Vsa
walk ^
Parkway
way
$Idewalk
r
Pavinn
eh tut:
IM
PdVatb patina may enK oach
'.$' Imry Seto ack area
Small accent trees and
flowering shr tls in
landscape i ealm
adj2CBnl 16 ftsidenti2l
t c c * wn Fan nw�r lrlg Pa lms
?rave lrlg
vine 5 attached to
baser of Trunk
Single apef:ks of
g S`n c f{Or r Sifg
g.roundvyenn
median
Sidewalk
I
Patio
L'rca
a
Figure 23: Gene Autry Way
Betmor Lane to State College Boulevard
_ ugu st2a,2004 (Date Amend men tApproved) 48
..................................................................................................................................................................... ...............................
Pnmary (& Lanes)
Platinum Triangle Master Land Use Plan
........................................... ............................... I ...................
4.2.4 Orangewood Avenue
The treatment of Orangewood Avenue consists of
alternating Mexican Fan Palms and a pedestrian -scaled
flowering canopy tree such as a Tipu tree within the
parkways, which will also be planted with Natal Plum
or some other low flowering shrub. The palms will
have Boston Ivy or a similar vine attached to the base
of the trunk. Small trees and flowering shrubs accent
the landscape setback adjacent to the residential uses.
Adjacent to ground floor commercial uses, the setback
area will be paved to provide pedestrian access.
To provide for additional pedestrian circulation while
maintaining the right -of -way widths prescribed by the
General Plan, east of State College Boulevard, a 5 -foot
wide sidewalk within the public right -of -way is
required with 2 '/z foot by 2 '/z foot scoring. Adjacent
to this sidewalk, within the setback area, an additional
2 '/z foot wide walkway shall be provided
with matching scoring. An easement for this walkway
shall be provided to the City.
x
�,
Boston Ivy
(Parthenocissus tricuspidata)
August ",'"""(Date Amend men tApprovea l 49
....................................................................................................................................................... ...............................
(Washingtonia robusta)
Tipu Tree
(Tipuana tipu)
Natal Plum
(Anechites nerium)
Platinum Triangle Master Land Use Plan
........................................................... ...............................
Mexican Fan Palm
altematiag With medium
flowering canopy tree in
parkway
Mexican Fan Palms to
have Vines attached to
base of Trunk
Sirgle species of
flowering si in
parkway i24" max.
height)
Commercial Use
19'
Single row of green
canopy trees in
median
Single species of
messed flowering
groundcoverin
median
Primary fe Lanes)
R rn�
I
1 ■I
q
Figure 24: Orangewood Avenue `Af° °t of State College Bouleval :Gj
Santa Ana Freeway to State College Boulevard
August 23
>•,� ,'nn"(DateAmendmentApproved) 50
..................................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
.............................................................. ...............................
Meklcen Fan Palm
alternating vdth madman
flowering canopy free In
parkway
Single species of shrub in
parkway (26" max.
height)
Ground Flepr
Commercial Use
— Parkway
Sidewalk
ane way
Parkway 15'
Sidewalk V Setback
25'
primary (6 Lanes)
- Singla mw al green
canopy trees in
median
Private patios may encroach
S' into selback area
Small accem trees and
flowering shrubs in
landscape realm ad]acem
to residential
Mexican Fan Palms to _
have vines attached to
base of trunk
Single species of
massed flowering /
groundcaver in (
median
rm
is
un
I.I
.kk.
I
lieslrJe'rytlef '�::_k
use With
pane and
stoop
Small accent trees ��.�'
and flowering
shrubs in landscape
realm with 3'
setback from back
orwalk
Sidewalk
I I I p I
Figure 25: Orangewood Avenue
State College Boulevard to East City Limits Cast of State coll g ou le val ;:
_ ugu s ', (Date Amend men tApproved) 51
...................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
............................................................................................................................. ...............................
4.2.5 Douglass Road
The Douglass Road street landscape will consist of a
double row of Mexican Fan Palms in the parkway and
setback areas. The median will not be landscaped to
allow for better traffic flow in and out of Arrowhead
Pond of Anaheim and Angel Stadium of Anaheim.
Yellow Trumpet or similar vines will be attached to
the base of the palm trunks and red Daylilies or a
similar low red flowering shrub will be planted in the
parkway.
August ",'"""(Date Amendment Approved) 52
................................................................................................................................................. ...............................
Red Daylily
(Hemerocallis flava)
Mexican Fan Palm (Washingtonia robusta)
Platinum Triangle Master Land Use Plan
.............................................................. ...............................
Private patios may encroach
V into setback area
Mexican Fan Palm Tree
In parkway
Mexican Fan Palms to Ti
have flowering vines
attached to base of trunk.
Low flowering shrub
andfor groundcover in
parkway and landscaped
setback (24" max. height)
POSSInie 3'
E
r iar PTMU
Play Zone)
M
,Ik
l Sul I
Ultimate Right of Way
Secondary
z-
1< Residential andlor
commercial
frontage
{.' (Pedestrian access
s to be deternwed)
r Painted median
14' 1 ,
12'
12'
1 14'
Parkway
Parkway
malk
Sidew
26'
e icular Travel Vehicular Travel
Lanes Lanes
64'
I.I
I I
Mexican Fan
Palm
Walk
owhead Pond
Anaheim
king lot
Figure 26: Douglass Road
August 23, 2904 (Date Amendment Approved) 53
....................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
............................................................................................................................. ...............................
4.2.6 Anaheim Way
Anaheim Way is a one -way northbound frontage road
on the east side of the Santa Ana Freeway. The
landscape for Anaheim Way will be integrated into a
large -scale landscaped open space treatment intended
to attract the attention of passing motorists on the
Santa Ana Freeway. The treatment will consist of
Mexican Fan Palms with flowering vines attached to
their trunks in parkways with a single species mass of
Daisy or other yellow flowering shrubs. Mexican Fan
Palms will also be planted in the setback area along
with small accent trees and flowering shrubs. Boston
Ivy will be attached to the wall per Santa Ana Freeway
standards.
August ",'"""(Date Amendment Approved) 54
..................................................................................................................................................................... ...............................
Mexican Fan Palm
(Washingtonia robusta)
Boston Ivy
(Parthenocissus tricuspidata)
Daisy
(Chrysanthemum)
Platinum Triangle Master Land Use Plan
.............................................................. ...............................
Small accent !ales and
flowering shrubs
Mexican Fan Pali
to have flowering
vines attached to
base of trunk
Single species of
fowenng low
hetlge in parkway
Retaining (24" max. height)
Wall with
Boston Ivy T�
Vine
Elw ad Freeway S' 13' 11'
Landscape
Parkway
Ultimate Right of Way
Office
Mexican Fan
Palm
Walk
Boston Ivy
Vine
0
L� dscal
rkway
P rkway
August 23
,.� ,'nn"(DateAmendmentApproved)
.......................... ...............................
jin
-I
m�
Setback
Figure 27: Anaheim Way
55
................................ ...............................
tall
:ent
as and
x ring
ubs in
dscape
ie
Platinum Triangle Master Land Use Plan
.......................................................................................................................................................... ...............................
4.2.7 Lewis Street
The Lewis Street landscape will consist of Mexican
Fan Palms and a single species of flowering low hedge
in the parkways. A single row of green canopy trees
and a single species of massed flowering ground cover
will be provided in the median south of Katella
Avenue. North of Katella Avenue, the median will be
eliminated to provide for left turn lanes. The setback
area will consist of canopy trees and a pink flowering
low shrub or groundcover.
August ",'"""(Date Amendment Approved) 56
................................................................................................................................................. ...............................
Mexican Fan Palm (Washingtonia robusta)
Platinum Triangle Master Land Use Plan
............................................................................................................................................................... ...............................
Fully landscaped setback to
consist of canopy tree andlor
Single mw of green
pink flowering law shrub or
canopy trees in median
groundcover
IF Single species of messed
Mexican Fan Palm in
dowering groundcover in
parkway
median
Single species of
flowering low hedge in
parkway (24" max.
height)
Sidel Setback
walk
Vehicular Travel median Vehicular Travel
Lanes Lanes
1
t� �rli�l
W
Sit
ski
with single
Species masse� kA
ht
I
In i
. rl
Vii;
N,. ■I I I l� 1IhMAI 11 Irk,u .
Figure 28: Lewis Street
Gene Autry Way to Katella Avenuese-Ah s K n.,e
ugust,.� ", 2904 (Date Amendment Approved) 57
.......................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
................................................................................................................................................. ...............................
Fully landscaped setback to
consist of canopy tree and
pink flowering low shrub or
groundcover
Mexican Fan Palm Tree
in parkway
Mexican Fan Palms to-----
have flowering vines
attached to base of trunk
Low flowering shrub
andlor groundcover in
parkway and landscaped
setback (24° max. height)
r Painted median
we
14'
12'
12'
14'
26'
12°
26'
Vehicular Travel
Vehicular Travel
Lanes
Lanes
64'
way
I
ima
IUI
Figure 29: Lewis Street North of Katell° A � ^1°
Katella Avenue to
o Cerritos Avenue
August 23, 2994 (Date Amendment Approved) 58
..................................................................................................................................................................... ...............................
Secondary
Platinum Triangle Master Land Use Plan
............................................................................................................................................................... ............................... .
4.2.8 Amtrak /Metrolink Line
The landscape adjacent to the Amtrak Metrolink Line
consists of a Mexican Fan Palm alternating with citrus
trees.
. August 2a, 2004 (Date Amendment Appmved) 59
..................................................................................................................................................................... ...............................
(Washingtonia robusta)
Citrus Trees (Citrus)
Platinum Triangle Master Land Use Plan
......................................................................................................................................................... ...............................
Right of Way
AmtraVMetrolink Track Area
Figure 30: Amtrak /Metrolink Right -of -Way
August ",'"""(Date Amendment Approved) 60
................................................................................................................................................. ...............................
Platinum Triangle Master Land Use Plan
......................................................... ...............................
4.2.9 Secondary Streets: Howell Avenue,
Sunkist Street and Cerritos Avenue
The Secondary Street landscape consists of a Brisbane
Box or similar canopy trees with a low flowering pink
shrub or groundcover in the parkway. The landscape
setback consists of a canopy tree to match the species
of parkway tree in spacing and height with purple and
pink flowering low shrub or ground cover.
I
August ",'"""(Date Amendment Approved) 61
..................................................................................................................................................................... ...............................
Brisbane Box (Tristania conferta)
Platinum Triangle Master Land Use Plan
............................................................................................................................. ...............................
runy landscaped setback
and parkway to consist of
matching canopy trees and
Ultimate Right of Way
Secondary Streets
I' ®N
m
Figure 31: Secondary Streets (Howell Avenue, Sunkist Street and Cerritos Avenue)
August 23
T,� ,'nn"(DateAmendmentApproved) 62
..................................................................................................................................................................... ...............................
0 15 30 60
Platinum Triangle Master Land Use Plan
..................................................................................................................................................... ...............................
4.2.10 Market Street
The Market Street landscape consists of a large canopy
tree, London Plane, in tree grates with interlocking
precast concrete pavers in the parkway. The setback
area may be paved to provide access for pedestrians.
Angled parking will be provided on the west side, with
additional canopy trees in landscaped planters with
low shrubs or groundcover. Parallel parking will be
provided on the east side.
August ",'"""(Date Amendment Approved) 63
..................................................................................................................................................................... ...............................
London Plane Tree (Platanus acerifolia)
Platinum Triangle Master Land Use Plan
........................................................... ...............................
Medium canopy tree in
tree grates
Medium canopy tree in 5'
wide planter with
flowering shrubs
Required
Commercial Use
ERCreachment
refer PTMU
overlay Zone) -
Groundfloor set
Commercial Use I back
Angle Parkin
(west side only
Ultimate Right of Way
,I I
1
Medm cet pytree
m tree grate
Pedestrian paving
I
Ground floor
commercial canopy
I `! .I
■t�
?III
Figure 32: Conceptual Market Street
Required
C6mhrerG21 use
Encroachment
(refer PTMU
Oveflay Zorn)
back I Commercial Use
August ",'"""(Date Amendment Approved) 64
............................................................ ............................... I ..1..1.
Platinum Triangle Master Land Use Plan
..................................................................................................................................................... ...............................
4.2.11 Connector Street
The Connector Street landscape consists of a large
canopy tree, Southern Magnolia, which may be
planted in tree wells with interlocking precast concrete
pavers in the parkway or in parkways with turf or
groundcover. A minimum 3 -foot wide area will be
planted with low flowering shrubs in the setback area
adjacent to the sidewalk.
Magnolia Tree (Magnolia grandiflora)
August ",'"""(Date Amendment Approved) 65
................................................................................................................................... ............................... I ...................
Platinum Triangle Master Land Use Plan
................................................. ...............................
Private patios may encroach
7' into setback area
Medium canopy tree
Low flowering shrub or
groundcover in, parkway
and landscape realm
Possible 3' Use
Encroachrnenl refer to
PTMU Overay one)
Parking Parking
(Optional) (Optional)
possible 3 Use
Encroachment refer to
PTMU Overlay t Gone)
B'
1 13' 1 13'
—
2l
Ulitmete Right of Way
Note: Within 500 feet of signalized intersection.. parking lane may convert to travel lane
V1 tv
Medium
....,, - Canopy Tree �..
�
use with Palo
and stoop
Low flowering.
shrubs In
landscape realm
w13' setback from
back of walk
Sidewalk
� i
lfits k I�
IN
Figure 33: Conceptual Connector Street
August 23
T,� ,'nn"(DateAmendmentApproved) 66
..................................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
.......................................... ............................... I ...................
4.2.12 Intersections with Supplemental
Lanes
The City of Anaheim
F4emefA-designates s4 eleven intersections within The
Platinum Triangle that require supplemental lanes to
provide adequate level of service:
• Katella Avenue /State College Boulevard
• Gene Autry Way /State College Boulevard
Orangewood Avenue /State College Boulevard
• Katella Avenue /Howell Avenue
Katella Avenue /Sportstown Way
• Katella Avenue/Lewis Street
Katella Avenue/Douglass Road
Orangewood Avenue /Ramnart Street
State College Boulevard/Stadium Way
Anaheim Wav /Orangewood Avenue
Anaheim Way/Katella Avenue
The typical improvements for these intersections
include additional left -turn lanes and a dedicated free
right -turn lane. Where a dedicated free right -turn lane
is required, right -of -way widths will be widened and
setback areas will be pushed back.
Supplemental lanes will also be required where
Connector Streets and Market Street intersect with
arterials at signalized intersections. The number and
type of supplemental lanes will be determined through
project - specific traffic impact studies. Where a
dedicated free right -turn lane is required, right -of -way
widths will be widened and setback areas will be
pushed back.
"ugust,.� ",'"""(Date Amendment Approved) 67
................................................................. ...............................
Platinum Triangle Master Land Use Plan
............................................................................................................................................................... ............................... .
APPENDIX A
The Platinum Triangle Mixed Use (PTMU) Overlay Zone
August ",'"""(Date Amendment Approved) A
..................................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
............. ............... ............................. ............................. ............................... ............................. ................
APPENDIX B
The Platinum Triangle Standardized Development Agreement
August ",'"""(Date Amendment Approved) B
................................................................................................................................................. ...............................
Platinum Triangle Master Land Use Plan
............................................................................................................................................................... ............................... .
let » Aki IC /:(0
Updated and Modified Mitigation Monitoring Program No. 106A for
The Platinum Triangle
Mitigation Monitoring Program No. 106 was created for the Environmental Impact Report associated with
The Anaheim Stadium Master Land Use Plan (EIR No. 321) and was updated and modified in conjunction
with the Environmental Impact Report for the General Plan Update Program (EIR No. 330), adopted on
May 25, 2004.
Mitigation Monitoring Plan No.
106 has been further updated and modified in conjunction with EIR No. 332 and renamed Updated and
Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle
August ",'"""(Date Amendment Approved) C
..................................................................................................................................................................... ...............................
Platinum Triangle Master Land Use Plan
.............................................................. ...............................
Ground Floor
Commercial Use
— Parkway
Sidewalk
25'
July 19, 2005
primary (6 Lanes)
rm
un
I.I
is
,�
111.
L ane way
Parkway 15'
Sidewalk Setback
r
J
J1
ANN
EMENE
MEN
!�l
will
Sidewalk
I 1
Figure 25: Orangewood Avenue
State College Boulevard to 800' e/o State College Boulevard
45
........................................................................................................................ ...............................
Single mw of green
canopy trees in
median
Private patios may encroach
Mexican Fan Palm
S' into setback area
m
esti ating vdth med kum
flowering canopy tree In
parkway
Small accam trees and
glowering shrubs in
landscape realm ad]acem
to residential
Single species of shrub in
Mexican Fan Palms to_
parkway (26" max.
have vines attached to
height)
base of trunk
Single species of
massed flowering /
groundcaver in (
median
Ground Floor
Commercial Use
— Parkway
Sidewalk
25'
July 19, 2005
primary (6 Lanes)
rm
un
I.I
is
,�
111.
L ane way
Parkway 15'
Sidewalk Setback
r
J
J1
ANN
EMENE
MEN
!�l
will
Sidewalk
I 1
Figure 25: Orangewood Avenue
State College Boulevard to 800' e/o State College Boulevard
45
........................................................................................................................ ...............................
Platinum Triangle Master Land Use Plan
.............................................................. ...............................
Commercial Use I way
Mexican Fan Palm
alternating with medium
flowering canopy tree in
parkway
Single row of green
canopy trees in
median
Private patios may
encroach V ill
setback area
Small accent trees and
flowering shrubs in
landscape realm adjacent:
to rastdemial
Mexican Fan Palms to
nave vines attached to
base of trunk
Single species of
massed fowenng
groundcover in
median
Single species of shrub in
parkway (24' max.
height)
way
— Parkway
Sidewalk
Parkway —
Sidewalk
106'
lini Right Of W.
Primary (6 Lanes)
ICI
July 19, 2005
IAI
I9i
11
1111
is
M- 00 4,
Yna
I I
Figure 25A: Orangewood Avenue
800' e/o State College Boulevard to East City Limits
45A
............................................................................ ...............................
ATTACHMENT NO. 3 -A
ADDITIONS AND REFINEMENTS TO THE AMENDMENT TO
THE PLATINUM TRIANGLE MASTER LAND USE PLAN
Draft Resolution
Platinum Triangle Master Land Use Plan
............................................................................................................ ............................... I.. I ..... I .......
YH
C7 CIL-
I
Q
E �
n
Legend
1 +11� The Platinum Triangle Boundary
0 Mixed -Use General Plan Designation
r ■ ■ ■ ■ Conceptual Connector Streets
Conceptual Market Streets
(Required Ground Floor Commercial)
Required Ground Floor Commercial
0
Potential Signalized Intersection
Conceptual Mini Park Location
Conceptual Neighborhood Park Location
Existing Amtrak(Metrolink Station Location
Conceptual ARTIC Station Location
Landmark Architecture
mi r
A� taa
.� - anon
...................................................
(Date Amendment Approved)
...............................
1
q
` � 3
0 750 1500 3000
22
................
Platinum Triangle Master Land Use Plan
.......................................... ...............................
Single raw pl gfaeo —
canopy trees In n>eden
Mexican Fan Pa lm In
par4:way all ernalrg
wdh canopy trAe
(I0Cd1Ed lg 200.0.)
Flo nng
cmnpy Iree
in Parkway
Single species of
nuwEmg low
nedge m pwkirrey
r 24" Max- heig M}
Res.dentlat wan
a•�•
}g•
Grouno Floor
CwrwrtefNel Vsa
walk ^
Parkway
way
$Idewalk
r
Pavinn
eh tut:
IM
PdVatb patina may enK oach
'.$' Imry Seto ack area
Small accent trees and
flowering shr tls in
landscape i ealm
adj2CBnl 16 ftsidenti2l
t c c * wn Fan nw�r lrlg Pa lms
?rave lrlg
vine 5 attached to
baser of Trunk
Single apef:ks of
g S`n c f{Or r Sifg
g.roundvyenn
median
Sidewalk
I
Patio
L'rca
a
Figure 23: Gene Autry Way
Betmor Lane to State College Boulevard
_ ugu st2a,2004 (Date Amend men tApproved) 48
..................................................................................................................................................................... ...............................
Pnmary (& Lanes)
Platinum Triangle Master Land Use Plan
.............................................................. ...............................
Ground Floor
Commercial Use
— Parkway
Sidewalk
25'
July 19, 2005
primary (6 Lanes)
rm
un
I.I
is
,�
111.
L ane way
Parkway 15'
Sidewalk Setback
r
J
J1
ANN
EMENE
MEN
!�l
will
Sidewalk
I 1
Figure 25: Orangewood Avenue
State College Boulevard to 800' e/o State College Boulevard
45
........................................................................................................................ ...............................
Single mw of green
canopy trees in
median
Private patios may encroach
Mexican Fan Palm
S' into setback area
m
esti ating vdth med kum
flowering canopy tree In
parkway
Small accam trees and
glowering shrubs in
landscape realm ad]acem
to residential
Single species of shrub in
Mexican Fan Palms to_
parkway (26" max.
have vines attached to
height)
base of trunk
Single species of
massed flowering /
groundcaver in (
median
Ground Floor
Commercial Use
— Parkway
Sidewalk
25'
July 19, 2005
primary (6 Lanes)
rm
un
I.I
is
,�
111.
L ane way
Parkway 15'
Sidewalk Setback
r
J
J1
ANN
EMENE
MEN
!�l
will
Sidewalk
I 1
Figure 25: Orangewood Avenue
State College Boulevard to 800' e/o State College Boulevard
45
........................................................................................................................ ...............................
Platinum Triangle Master Land Use Plan
.............................................................. ...............................
Commercial Use I way
Mexican Fan Palm
alternating with medium
flowering canopy tree in
parkway
Single row of green
canopy trees in
median
Private patios may
encroach V ill
setback area
Small accent trees and
flowering shrubs in
landscape realm adjacent:
to rastdemial
Mexican Fan Palms to
nave vines attached to
base of trunk
Single species of
massed fowenng
groundcover in
median
Single species of shrub in
parkway (24' max.
height)
way
— Parkway
Sidewalk
Parkway —
Sidewalk
106'
lini Right Of W.
Primary (6 Lanes)
ICI
July 19, 2005
IAI
I9i
11
1111
is
M- 00 4,
Yna
I I
Figure 25A: Orangewood Avenue
800' e/o State College Boulevard to East City Limits
45A
............................................................................ ...............................
ATTACHMENT NO. 4
ZONING CODE AMENDMENT NO. 2004 -00036
AMENDMENT TO THE PTMU OVERLAY ZONE
Draft Resolution
DRAFT
RESOLUTION NO. PC2005 - "'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL AMEND A PORTION OF
CHAPTER 1820 "PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE'
(ZONING CODE AMENDMENT NO- 2004-00036)
WHEREAS, the Zoning Code was originally adopted in 1929 and has been updated a number
of times over the years; and
WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code,
provisions of Title 18 may be amended whenever the public necessity and convenience and the general
welfare require, when adopted by an ordinance of the City Council in the manner prescribed by law; and
WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a
thriving economic center that provides residents, visitors and employees with a variety of housing,
employment, shopping and entertainment opportunities that are accessed by arterial highways, transit
systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and
WHEREAS, the adopted General Plan establishes a maximum development intensity for
The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre),
5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial
development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area
ratio of 3.0; and
WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The
Platinum Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle
Standardized Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City
Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and
WHEREAS, the Zoning Code implements the General Plan; and
WHEREAS, the Planning Commission makes recommendations to the City Council
regarding Zoning Code Amendments; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated
applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No-
2004-00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case No. 2004 -00089 to amend
The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The
Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to rescind
in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and
Reclassification No. 2004 - 00134; and, on June 13, 2005, initiated General Plan Amendment No. 2004-
00420 (Tracking No. GPA 2005 - 00432) (hereinafter collectively referred to as the 'Project Discretionary
Actions "); and
WHEREAS, Zoning Code Amendment No. 2004 -00036 is a request for Planning
Commission to recommend to the City Council adoption of an amendment to the PTMU Overlay Zone to
incorporate the following: an adjustment to the boundaries of the mixed -use districts to include the North
Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321
of said units would be designated for the North Net Fire Training Center); a modification to the PTMU
Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage
(190 square feet of this square footage would be designated for future required ground floor
commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000
square feet for other commercial uses in the Katella District); and, additional technical refinements and
clarifications, including, but not limited to, refinements to density descriptions to reflect the above -noted
Cr\PC2005- -1- PC2005-
changes and other City Code requirements, which amendments are attached hereto in a strike -out format
marked Exhibit 1 to this Resolution, and which is incorporated herein by this reference as if set forth in full;
WHEREAS, on July 25, 2005, the Planning Commission, by Resolution No. PC2005 -105
recommended that City Council approve General Plan Amendment No. 2005 -00435 to amend the Land
Use Element to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to
increase the maximum overall commercial density for The Platinum Triangle Mixed -Use designation from
2,044,300 to 2,049,908 square feet representing a total increase of 5,608 square feet, which separate
amendment is currently in process in connection with recommendations to the City Council of approval of
Miscellaneous Case No. 2005 -00113 to amend The Platinum Triangle Master Land Use Plan, Zoning Code
Amendment No. 2005 - 00044, Conditional Use Permit No. 2005 - 04967, Tentative Tract Map No. 16800 and
Development Agreement No. 2005 -00004 to permit the development of the D.R. Horton project at 2100 E.
Katella Avenue; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 22, 2005, at 2:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
(Procedures), to hear and consider evidence for and against the Platinum Triangle Mixed Use Overlay
Zone and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, having reviewed and considered the amendments to
Chapter 1820 (Platinum Triangle Mixed Use Overlay Zone) of the Zoning Code (Zoning Code Amendment No-
2004-00036) has determined that the public necessity and convenience and the general welfare require its
amendment based upon the following findings:
1. That the proposed amendments to the PTMU Overlay Zone are consistent with the Planning
Commission's Resolutions recommending that the City Council adopt General Plan Amendment No. 2004-
00420 (Resolution No. ), Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master
Land Use Plan (Resolution No. and Miscellaneous Case No. 2005 -00114 to amend the form of The
Platinum Triangle Standardized Development Agreement (Resolution No. � .
2. That the proposed amendments implement the Anaheim General Plan and provide for
increased housing and commercial opportunities, as set forth in the staff report to the Planning Commission
dated August 22, 2005;
3. That the proposed amendments reflect clarifications and refinements to reflect development
factors and design trends that have been identified since the adoption of the PTMU Overlay Zone in
September, 2004.
4. That in the event the City Council approves General Plan Amendment No. 2005 -00435
pertaining to a modification to the General Plan Land Use Element "Table LU-4: General Plan Density
Provisions for Specific Areas of the City" to increase the commercial square footage allocated for The
Platinum Triangle Mixed -Use designation by 5,608 square feet, that the overall total commercial square
footage permitted in The Platinum Triangle Mixed -Use designation by the subject General Plan
Amendment No. 2005 -00420 shall not exceed 2,254,400 square feet consistent with the amount of square
footage analyzed in FSEIR No. 332.
5. That * ** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed Zoning Code Amendment No. 2004 -00036 in connection with General Plan
Amendment No. 2004 - 00420, Miscellaneous Case Nos. 2004 - 00089, 2005 -00114 and 2005 -00115 and
Reclassification No. 2004 -00134 and, by its Resolution No. , did find and recommend that the
City Council, as lead agency for the Project, unless additional or contrary information is received during the
City Council's public hearing on the Project, certify FSEIR No. 332 and adopt a Statement of Findings of
Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring
Program No. 106A, and determine that FSEIR No. 332 fully complies with CEQA, reflects the independent
judgment of the City Council and is adequate to serve as the required environmental documentation for the
-2- PC2005-
Project, including the Project Implementation Actions and Discretionary Actions to the extent authorized by
law.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby recommend that an ordinance be prepared reflecting the proposed amendments to Chapter 1820
(Platinum Triangle Mixed Use Overlay Zone) of the Zoning Code (Zoning Code Amendment No. 2004-
00036) and that the City Council approve said Ordinance.
That this Zoning Code Amendment No. 2004 -00036 is granted expressly conditioned upon adoption of
General Plan Amendment No. 2004 - 00420; Miscellaneous Case No. 2004 -00089 to amend The Platinum
Triangle Master Land Use Plan and Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle
Standardized Development Agreement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon adoption of the actions
hereinabove set forth in Condition No. 1. Should 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 22, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of 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 August 22, 2005, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1 2005-
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-3- PC2005-
Chapter 18.20
PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Sections:
18.20.010 Purpose and intent.
18.20.020 Applicability.
18.20.030 Uses.
18.20.040 Development districts.
18.20.050 Structural heights.
18.20.060 Coverage.
18.20.070 Project size.
18.20.080 Door area.
18.20.090 Structural setbacks.
18.20.100 Structural location and building orientation.
18.20.110 Public parks, recreational - leisure areas and landscaping_
18.20.120 Parking, loading and vehicular access.
18.20.130 Refuse storage and recycling facilities and private storage areas_
18.20.140 Design standards.
18.20.150 Signs.
18.20.160 Compatibility standards.
18.20.170 Implementation.
18.20.010 PURPOSE AND INTENT.
.010 Purpose. The purpose of this chapter is to establish the Platinum Triangle Mixed
Use (PTMU) Overlay Zone (hereinafter referred to as the "PTMU Overlay Zone ") to provide
opportunities for well- designed development projects that combine residential with non-
residential uses including office, retail, business services, personal services, public spaces and
uses, and other community amenities within the portions of The Platinum Triangle designated
with the Mixed -Use land use designation in the City of Anaheim General Plan, and consistent
with the policy direction in the General Plan.
020 Objectives. The PTMU Overlay Zone has the following major objectives
.0201 Create a unique integrated, walkable urban environment that encourages
pedestrian activity and reduces dependence on the automobile for everyday needs through a
streetscape that is connected, attractive, safe and engaging.
.0202 Develop an overall urban design framework to ensure that the appearance
and effects of buildings, improvements, and uses are harmonious with the character of the area in
which they are located.
.0203 Encourage compatibility between residential, commercial and sports
entertainment uses.
.0204 Reinforce Transit Oriented Development (TOD) opportunities around the
existing Amtrak/Metrolink and the proposed Anaheim Regional Transportation Intermodal
Center (ARTIC) stations.
20 -1
Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone
.0205 Maintain and enhance connectivity and linkages with convenience
services, dining, retail and recreation facilities within walking distance by providing ground floor
commercial uses in key locations.
.0206 Provide a mix of housing types.
.0207 Create great long - lasting neighborhoods that maintain value through
buildings with architectural qualities that create attractive street scenes.
.0208 Provide a variety of open space including private, recreational - leisure
areas and public parks.
planting space.
.0209 Create a balance of landscape and architecture by providing sufficient
.0210 Encourage parking solutions that are incentives for creative planning and
sustainable neighborhood design.
.0211 Stimulate market driven development investment.
18.20.020 APPLICABILITY.
.010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres
generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the
Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company
Easement on the north. The PTMU Overlay Zone covers an area consisting of approximately
three hundred and s N,e iahty (38074) acres within The Platinum Triangle, as depicted in
Figure 3 (General Plan Designations) of The Platinum Triangle Master Land Use Plan approved
by the City Council on August 17, 2004 and amended on , 2005 (Resolution No. )
and on , 2005 (Resolution No. ) , and on file in the Office of the City Clerk, said
Figure 3 is incorporated herein by this reference as though set forth in full. (Ord. 5948 § 2;
November 9, 2004)
.020 Applicable Regulations. The provisions of this chapter shall supersede the
corresponding regulations of the underlying zones, except as provided below.
.030 Option to Use Underlying Zone. The provisions of this chapter shall not apply to
parcels that have been or are proposed to be developed entirely under the underlying zone,
provided that all requirements of the underlying zone are met by the project except as
specifically approved otherwise by variance or other official action by the City.
18.20.030 USES.
.010 Primary Uses. Table 20 -A (Primary Uses: The Platinum Triangle Mixed Use
(PTMU) Overlay Zone) sets forth allowable primary uses for the PTMU Overlay Zone, listed by
classes of uses as defined in Section 18.36.030 (Residential Primary Use Classes) and Section
18.36.040 (Non- residential Primary Use Classes) of Chapter 18.36 (Types of Uses).
.020 Accessory Uses. Table 20-B (Accessory Uses and Structures: The Platinum
Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable accessory uses and structures
for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.050
(Accessory Use Classes) of Chapter 18.36 (Types of Uses).
20 -2
Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
.030 Temporary Uses. Table 20 -C (Temporary Uses and Structures: The Platinum
Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable temporary uses and structures
for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.060
(Temporary Use Classes) of Chapter 18.36 (Types of Uses).
.040 The allowable uses in Tables 20 -A, 20 -B and 20 -C are established by letter
designations as follows:
.0401 "P" designates classes of uses permitted by right;
.0402 "C" designates classes of uses permitted with a conditional use permit;
.0403 "N" designates classes of uses that are prohibited; and
.0404 "GF" designates classes of uses that are considered ground floor
commercial for the PTMU Overlay Zone.
.050 Ground -Floor Commercial Uses. In order to encourage an active street life while
accommodating market demand, ground floor commercial uses facing the street are required
along "Market Street' and on Gene Autry Way, east of Market Street as identified on Figure 4
(The Platinum Triangle Urban Design Plan) in The Platinum Triangle Master Land Use Plan.
Ground floor commercial uses are identified in Tables 20 -A, 20 -B and 20 -C, and may include
the non - residential portion of live /work units, or may be designed so that the space may be used
for either residential or non - residential uses where the residential portion does not face the street.
Ground floor commercial uses are also permitted along all other streets within the PTMU
Overlay Zone.
.0501 Ground floor commercial uses as designated in Tables 20 -A, 20 -B and 20-
C shall have a minimum depth no less than thirty (30) feet and shall be provided along the
property frontage adjacent to "Market Street' and Gene Autry Way, east of Market Street, as
identified on Figure 4 of The Platinum Triangle Master Land Use Plan. T he total .....,.,_ °t 0
gFE) 44 0--r. e omm 0--re ial &tang t4eso �Ws qtr-ppts 81fiall aot R4 150,000 sq+ia+e t;aet 4 gross
floor-
noor cn
.060 Live/Work Units. A commercial land use maybe combined with a residential
land use within one unit to create a space that contains both a residence and commercial area
such as an office.
.070 Unlisted Uses. Any class of use that is not listed in Tables 20 -A, 20 -B and 20 -C is
prohibited unless a determination is made by the Planning Director to allow the submission of an
application for a conditional use permit to approve the use.
.080 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in
Tables 20 -A, 20 -B or 20 -C are set forth in Section 18.36.020 (Classification of Uses) in Chapter
18.36 (Types of Uses).
.090 Special Provisions. Special provisions related to a use are referenced in the
"Special Provisions" column of Tables 20 -A, 20 -B and 20 -C. Such provisions may include
references to other applicable code sections or limitations to the specified land use.
20 -3
Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
Table 20 -A
PRIMARY USES:
THE PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY ZONE
P Permitted by Right
C Conditional Use Permit Required
N Prohibited
GF Ground Floor Commercial
JPTMUJ
GF Special Provisions
Residential Classes of Uses
Dwellings — Multiple Family P
C
Subject to the approval of Conditional Use Permit No. 2003-
GF
04763, as may be amended from time to time, and sWbj@Gt to the
Dwellings - Multiple Family in the
Gonditions and showings of chapwr 18.66 (Genditiona4 Use,
Gateway District, Sub -Area B
lzefffiits), and further subject to Section 18.20.165 (Gateway
Antennas — Broadcasting
District- Sub_ Area B Standards) and eetiea naraeranh
18.20.170.020.02031 (Development Agreement Exemptions).
Dwellings — Single - Family Attached
Dwellings - Single- Family Detached
Senior Citizen Housing
P
N
C
Subject to Chapter 18.50 (Senior Citizens' Apartment Projects)
Non - Residential Classes of Uses
Alcoholic Beverage Sales—Off -Sale
C
GF
Alcoholic Beverage Sales—On -Sale
C
GF
Antennas — Broadcasting
P
Subject to §See4off- 18.38.060 (Antennas — telecommunications)
Automotive Public Parking
C
Automotive, truck, trailer and other
N
vehicle sales
Automotive- Service Stations
C
Bars & Nightclubs
C
GF
Billboards
N
Business & Financial Services
P
GF
Breweries
C
GF
Including the on- premise sales and consumption of beer or ale
Commercial Retail Centers
C
Community & Religious Assembly
C
GF
Computer Internet & Amusement
C
GF
Facilities
Conversions of hotels or motels to
N
semi - permanent living quarters
Dance & Fitness Studios —Large
P
GF
Dance & Fitness Studios —Small
P
GF
Day Care Centers
C
GF
Drive -up or drive- through services
N
Hotels & Motels
P /C/N
Hotels are permitted, extended -stay hotels are permitted by
CUP, motels are not permitted (See Chapter 18.932 for
definitions)
Markets —Large
P
GF
Outdoor farmer's markets are allowed with a conditional use
permit
Markets —Small
P
GF
( Offices
P
GF
20 -4
Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
Table 20 -A
PRIMARY USES:
THE PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY ZONE
P Permitted by Right
C Conditional Use Permit Required
N Prohibited
GF Ground Floor Commercial
JPTMUJ
GF
Special Provisions
Pawnshops
N
Personal Services—General
P
GF
On -site dry cleaning not allowed; conditional use permit
required for laundromats, l aundromats are subject to
§18.38.150
Personal Services — Restricted
C
GF
I offiees
P
GF
Public Services
P
GF
Recreation Bowling & Billiards
P
GF
Recreation —Commercial Indoor
P
GF
Recreation —Commercial Outdoor
C
Recreation — Low - Impact
P
Recreation Swimming & Tennis
P
Recycling Services —Consumer
P
Subject to Chapter 18.48 (Recycling Facilities); reverse vending
machines located entirely within a structure do not require any
zoning approval
Repair Services — Limited
P
Rescue missions, shelters for the
N
homeless
Research and Development Facilities
C
Restaurants—General
P
GF
Restaurants —Semi- Enclosed
P
GF
Subject to §4ee4oa 18.38.220 (Restaurants — outdoor seating
and dining)
Restaurants — Walk -Up
P
Retail Sales—General
P
GF
Retail Sales— Kiosks
P
Retail Sales — Regional
P
Secondhand shops
N
Sex - oriented businesses, as defined in
N
Chapter 18.54 (Sex - Oriented
Businesses)
Studios — Broadcasting
C
GF
Studios — Recording
P
GF
Swap meets, indoor or outdoor
N
Transit Facilities
P
Utilities —Major
C
Utilities —Minor
P
Uses or activities not listed, nor
C
As determined by the Planning Commission to be compatible
specifically prohibited
with the intended purpose of the PTMU Overlay Zone.
20 -5
Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
Table 20 -B P Permitted by Right
ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required
TBE PLATINUM TRIANGLE N Prohibited
MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial
(PTMU) GF Special Provisions
Amusement Devices
Animal Keeping
Antennas — Private Transmitting
Antennas — Receiving
Caretaker Units
Day Care Large Family
Day Care Small Family
Fences & Walls
Home Occupations
Landscaping & Gardens
Mechanical & Utility and
Equipment —Ground Mounted
Mechanical &Utility exd
Equipment — Roof Mounted
Murals
Parking Lots & Garages
Portable Food Carts
Recreation Buildings & Structures
Signs
Solar Energy Panels
Vending Machines
P Subject to Chapter 4.14 (Amusement devices)
P Subject to§ Seetief�-18.38.030 (Animal keeping)
P Subject to §See4off- 18.38.040 (Antennas —private transmitting)
P Subject to §Seetief�-18.38.050 (Antennas — receiving)
C Subject to §SQetie *-18.38.090 (Caretaker units)
C Subject to §See4eir18.38.140 (Large family day care homes)
P
P This use may occur on a lot with or without a primary use (Ord.
5948 § 3; November 9, 2004)
P Subject to §4GGtiei- 18.38.130 (Home occupations)
P Subject to Chapter 18.46 (Landscaping and screening)
P Subject to §4@G4en- 18.38.160 (Mechanical and utility equipment
— ground mounted)
P Subject to §See4off- 18.38.170 (Mechanical and utility equipment
—roof mounted) and §Seetieit18.20.14-40 (Design standards) of
this chapter
P/C Permitted when not visible from right -of -way or adjacent
properties. Conditional use where visible from any public right -of-
way or adjacent properties.
P
C
P GF
P Subject to Chapter 18.44 (Signs) and § (Signs)
of this chapter
P Must be mounted on the roof and, if visible from the street level,
must be parallel to the roof plane
P Shall be screened from view from public rights -of -way and shall
not encroach onto sidewalks
Table 20 -C P Permitted by Right
TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required
THE PLATINUM TRIANGLE N Prohibited
MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial
SPTMUZ GF Special Provisions
Contractor's Office & Storage P Subject to §Seetieii-18.38.105 (Contractor's office and storage)
Open -Air Festivals P Requires all applicable City permits
Special Events P Subject to §S ti 18.38.240 (Special events)
20 -6
Anaheim Zoning Code
18.20.040 DEVELOPMENT DISTRICTS.
The Platinum Triangle Mixed Use Overlay Zone
.010 Purpose. To permit the maximum amount of development in The Platinum
Triangle consistent with the General Plan and the infrastructure capacity analyzed by EIR No.
330 and EIR No. 332 the PTMU Overlay Zone establishes land use intensities for each of the
following Development Districts: Arena District, Gateway District, Gene Autry District, Katella
District and Stadium District. The boundaries of the Development Districts are depicted in The
Platinum Triangle Master Land Use Plan which boundaries are incorporated herein by this
reference.
.020 Table 20 -D (Development Intensities: The Platinum Triangle Mixed Use (PTMU)
Overlay Zone) indicates the maximum land use intensities analyzed by EIR No. 330 and EIR No.
332. The Planning Department will maintain an accounting of the total amount of square footage
approved within each district. Development shall not exceed the overall total land use intensity
for The Platinum Triangle (PTMU) Overlay or the intensity identified for each District.
Table 20 -D
DEVELOPMENT INTENSITIES:
THE PLATINUM TRIANGLE MIXED USE (PTMU) 0VERLAYZONE
Maximum Dwelling Maximum Office
Maximum
District
Units Square Footage
Commercial Square
Footage
Arena
425 100,000
100,000
— *Gateway*
1,7-502 075 530,000
50,000
Gene Autry
1,000 100,000
—4"W174100
Katella
4250 775,000
544,
Stadium
1,750 1,760,000
1,300,000
Total
#,47-5 3,265,000
3-0, 44,4002.254.400
* The Gateway District encompasses Sub —Areas A B and CR as depicted in Tthe Platinum Triangle Master
Land Use Plan (321 dwelling units within the Gateway District are specifically allocated to Sub- -Area C).
20 -7
Anaheim Zoning Code
18.20.050 STRUCTURAL HEIGHTS.
The Platinum Triangle Mixed Use Overlay Zone
The height requirements for the PTMU Overlay Zone are shown in Table 20 -E
(Maximum Structural Height: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) and
apply in addition to the Structural Height Limitations in Chapter 18.40 (General Development
Standards). Greater heights are permitted in connection with a conditional use permit as set forth
in Chapter 18.66 (Conditional Use Permit),
eei+ditienal use pefmit faf highef heights 4.A C900 feet "R#li Rr- qRi4 Rf "_PiAe AtAfy Way shall
Table 20-E
AL4XIAIUM STRUCTURAL HEIGHT:
THE PLATINUM TRIANGLE AHXED USE (PTMU) OVERLAYZONE
Maximum Height in Feet
� � LII�ffRRlSR!!5!R!.lJdSSS.
Arena and Stadium Districts Unlimited
All other properties 100
18.20.060 COVERAGE.
.010 Site Coverage. The maximum site coverage for the PTMU Overlay Zone is
seventy -five percent (75 %).
.0101 Coverage is the sum of the area of all building footprint areas and the area
of exposed parking divided by the gross area of the parcel excluding Market Street or Connector
Streets and/or any required public right -of -way. For purpose of coverage calculations, parking is
not considered exposed when landscape, patios and pool decks are located on the top level of a
parking structure.
.0102 Accessory Buildings and Structures. All accessory buildings and structures,
shall be included in the maximum site coverage calculation.
18.20.070 PROJECT SIZE.
The residential project size requirements are as follows:
.010 The minimum residential project size shall be fifty (50) dwelling units.
.020 Residential projects of more than four hundred (400) dwelling units on parcels of
five (5) acres or greater shall consist of more than one (1) building type, as defined in Table 20-F
(Building Types: The Platinum Triangle Mixed Use (PTMU) Overlay Zone). The building types
proposed to meet this requirement must vary by at least two (2) stories in height.
.030 Building Site Requirements in Chapter 18.40 (General Development Standards)
shall also apply.
I®'.
Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
Wrapped Deck
Table 20 -F
45 -80
BUILDING TYPES:
THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Typical
standing (not subterranean) parking structure
Density Range
Building Type Unit Type
Units /acre Definition
Tuck -under Townhomes
16 -24 Residential buildings in which individual parking garages are
Flats
18 -30 located under the living unit but still accessed by surface
structure
driveways
Wrapped Deck
Flats
45 -80
Residential buildings that surround, or wrap around, a free-
standing (not subterranean) parking structure
Podium
Townhomes
16 -32
Residential buildings located above a subterranean parking
Flats / Townhomes
36 -65
structure
Flats
48 -100
M4- Fise
Flats
65 -100
Residential buildings 4a 4@ig4t 4@twooff ` Htid 2@ stsfiPs er
rise Tower
55 feet in height
18.20.080 FLOOR AREA.
The minimum floor area for dwelling units is shown in Table 20 -G (Minimum Floor Area: The
Platinum Triangle Mixed Use (PTMU) Overlay Zone).
.010 Calculations. For purposes of this section, a "bedroom" is a private habitable
room planned or used for sleeping, separated from other rooms by a door or a similar partition.
Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby,
closet, or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent
(50 %) of the total length of any wall open to an adjacent room or hallway, shall be considered a
"bedroom."
Table 20 -G
MINIMUM FLOOR AREA:
Minimum Floor Area
Studio units: 550 square feet, provided, however, that the number
of studio units shall not exceed 20% of the total
number of units per residential building
One - bedroom units: 650 square feet
Two - bedroom units: 825 square feet
Three- bedroom units: 1,000 square feet
More than a three bedroom unit: 1,000 square feet plus 200 square feet for each
bedroom over three
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Anaheim Zoning Code
18.20.090 STRUCTURAL SETBACKS.
The Platinum Triangle Mixed Use Overlay Zone
Every building or structure erected under the provisions of this zone shall be provided with
setbacks as follows:
.010 Setbacks Abutting Public Rights -of -Way, Private Streets and Alleys.
.0101 Minimum Open Setback. All properties shall have a minimum open
setback for the full width of the property as indicated in Table 20 -H (Structural Setbacks
Abutting Public Rights -of -Way, Private Streets and Alleys) and The Platinum Triangle Master
Land Use Plan.
.01 Setbacks abutting Public Rights -of -Way shall be parallel to the
centerline of the adjoining public rights -of -way and shall be measured from the ultimate right -of-
way as indicated in the Circulation Element of the General Plan.
.02 Setbacks abutting private streets or alleys shall be parallel to the
centerline of the adjoining private street or alley and measured from the private access easement.
.0102 Required hi provement of Setbacks. Setbacks abutting public rights -of-
way, private streets and alleys shall be landscaped with lawn, trees, shrubs or other plants and/or
decorated hard surface expansion of the sidewalk as set forth in Chapter 18.46 (Landscaping and
Screening), Table 20 -H and The Platinum Triangle Master Land Use Plan. Setback areas shall
be permanently maintained in a neat and orderly manner.
.0103 Permitted Encroachments. Setbacks abutting public rights -of -way, private
streets and alleys may include the following encroachments:
.01 Patios, residential buildings and ground floor commercial uses that
encroach into the required street setback no more than the maximum amount allowed per Table
20 -H and The Platinum Triangle Master Land Use Plan.
.02 Walkway connections to building entrances, provided that special
paving treatment or modular paving materials are used.
.03 Vehicular and bike accessways.
.04 Transit stops.
.05 Outdoor seating and dining areas in conjunction with full- service
restaurants, coffee shops, and bakeries, provided that such areas shall be designed to not
adversely affect the safe and efficient circulation of pedestrian and vehicular traffic.
.06 Public art displays, fountains, ponds, planters, outdoor seating
areas, benches, decorative trash receptacles, planters, public plazas, or other similar amenities
and attractive street furnishings that create public gathering places.
.07 Newsracks that are designed to be aesthetically harmonious with
the character of the area and not cause obstruction or adversely affect the safe and efficient
circulation of pedestrian and vehicular traffic.
.08 Cornices, eaves, belt courses, sills, buttresses and fireplaces that
encroach into the required street setback no more than thirty-six (36) inches.
.09 Awnings, canopies and arcades.
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Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
.10 Open, unenclosed balconies that encroach into the required street
setback no more than three (3) feet.
.11 Covered or uncovered entrances that do not extend above the level
of the first floor of the building and that include a wall not more than thirty -six (36) inches in
height that encroach into the required street setback no more than five (5) feet.
.12 Fences, walls and hedges that comply with Section 18.46.110
( Screening, Fences, Walls and Hedges) of Chapter 18.46 Landscaping and Screening) and
subsection 18.20.030. (Accessory Uses).
.0104 Improvement of Walkways within the Setback Area Required. Adjacent
to State College B ...,._a, Gene Autry Way and Orangewood Avenue, the portion of the
setback adjacent to the right -of -way shall be improved with a walkway as indicated in Table 20-
H and as shown in The Platinum Triangle Master Land Use Plan. An easement for said walkway
shall be provided to the City.
Table 20 -H
STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS -OF -WAY, PRIVATE STREETS AND ALLEYS:
THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Permitted
Street Minimum Setback Encroachments Required Landscape
Katella 18 feet Patios: 8 feet • The area between residential patios and the
Avenue sidewalk/walkway (see below) shall be fully
Residential landscaped
buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80%
of the setback area may be paved
Ground floor • A date pain matching the date palm in the public
commercial: 4 feet right -of -way in spacing and height shall be installed 5
feet from the right -of -way as indicated on the Platinum
Triangle Master Land Use Plan
State • South of Gene Autry Way : 13 feet Patios: 8 feet • The area between residential patios and the
College • North of Gene Autry Way to railroad sidewalk/walkway (see below) shall be fully
Boulevard grade separation: 16 feet Residential landscaped
• North of railroad grade separation: buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80%
20 feet of the setback area may be paved
Ground floor n 5' ...,.n,...,.. s h a ll be provided a to ROW
commercial: 4 -8 se ared to ...,.t a dja eefi t g id e ...,.n ,...a __ ............._t
feet pfe vided t th Cit fief o f G ene A..4y Wa t o the
Gene Autry 12 feet Patios: 5 feet • The area between residential patios and the
Way sidewalk/walkway (see below) shall be fully
Residential landscaped
buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80%
of the setback area may be paved
Ground floor . A 2.5' walkway shall be provided adjacent to ROW,
commercial: 5 feet scored to match adjacent sidewalk and an easement
provided to the City
* Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation
20 -11
Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone
Table 20 -H (Continued)
STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS -OF -WAY, PRIVATE STREETS AND ALLEYS:
THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Permitted
Street Minimum Setback Encroachments
Required Landscape
Orangewood West of State College Blvd: 12 feet Patios: 8 feet
• The area between residential patios and the
Avenue
sidewalk/walkway (see below) shall be fully
East of State College Blvd: 15 feet Residential
landscaped
buildings: 3 feet*
• Adjacent to ground floor commercial uses, up to 80%
of the setback area may be paved
Ground floor
• A 2.5' walkway shall be provided adjacent to ROW,
commercial: 8 feet
scored to match adjacent sidewalk and an easement
provided to the City, east of State College Blvd.
Douglass 14 feet Patios: 8 feet
• The area between residential patios and the sidewalk
Road
shall be fully landscaped
Residential
• Adjacent to ground floor commercial uses, up to 80%
buildings: 3 feet*
of the setback area may be paved
buildings: 2 feet*
Ground floor
commercial: 2 feet
Freeways 25 feet None Setback area shall be fully landscaped
* Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation.
20 -12
Ground floor
commercial: 3 feet
Railroad
10 feet
None
• Setback area shall be fully landscaped
ROW
Market
10 feet
Ground floor
• A maximum 30% of setback area may be landscaped
Street
commercial: 4 feet
Connector
10 feet
Patios: 7 feet
• The area between residential patios and the sidewalk
Streets/
shall be fully landscaped
Wright
Residential
• Adjacent to ground floor commercial uses, up to 80%
Circle/
buildings: 3 feet*
of the setback area may be paved
Private
Streets
Ground floor
commercial: 3 feet
Alleys
10 feet
Patios: 2 feet
A minimum 4- foot -wide pedestrian walkway shall be
I
provided parallel to the alley. All other portions of the
Residential
setback area shall be fullv landscaned.
buildings: 2 feet*
Ground floor
commercial: 2 feet
Freeways 25 feet None Setback area shall be fully landscaped
* Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation.
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Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
.020 Setbacks — Other. An open setback shall be provided between buildings and
interior lot lines and between buildings located on the same project site. Minimum setback
requirements shall be measured perpendicular to building walls.
.0201 Required Improvement of Setbacks. Required setbacks abutting interior
property lines and setbacks between buildings shall be landscaped with lawn, trees, shrubs or
other plants as indicated above and as set forth in Chapter 18.46 (Landscaping and Screening).
Setback areas shall be permanently maintained in a neat and orderly manner.
.0202 Setbacks Abutting Interior Property Lines. A minimum five (5) foot wide
fully landscaped setback area shall be provided for structures abutting an interior property line
along the entire length of the building. Where a fence or wall is provided along or adjacent to
the interior property line, the five (5) foot wide fully landscaped setback shall be measured from
the side of the fence or wall facing the property.
.0203 Setbacks Between Buildings. A minimum twenty (20) foot wide setback
between parallel walls of two (2) separate buildings shall be provided. At least forty percent
(40 %) of the setback area between buildings shall be landscaped.
.01 Permitted Encroachments. The following encroachments are
permitted, provided a minimum of forty percent (40 %) of the setback area is landscaped:
(a) Open, unenclosed balconies and/or private patios for
ground floor residential units may encroach no more than five (5) feet.
(b) Covered or uncovered entrances that do not extend above
the level of the first floor of the building and that include a wall not more than thirty -six (36)
inches in height may encroach no more than five (5) feet.
.03 Outdoor recreational facilities.
.04 Fountains, ponds, sculptures and planters.
.05 Fences, walls and hedges that comply with Section
18.4620.110 (Screening, Fences, Walls and Hedges)
.06 Paved walkways, benches and plazas.
.07 Vehicular accessways.
.030 Parking, loading or unloading of privately owned and operated automobiles and
other vehicles shall be prohibited in all required setbacks.
.040 Required vehicle sight distances shall be maintained. No landscaping or other
elements such as signs or fences exceeding twenty -four (24) inches in height shall be permitted
within the line -of -sight triangle described in Section 18.44.080 (Freestanding and Monument
Signs — General) of Chapter 18.44 (Signs) and as shown on Engineering Standard Plan No. 115
(Per4 Arterial Highway and Commercial Drive - way Approaches) unless otherwise
approved by the City Traffic and Transportation Manager.
.050 Modifications. The setbacks prescribed in this section may be modified in
connection with a conditional use permit as set forth in Chapter 18.66 (Conditional Use Permits),
provided that minimum landscape requirements are met.
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Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone
18.20.100 STRUCTURAL LOCATION AND BUILDING ORIENTATION.
All buildings shall have the following orientation to the street:
.010 All buildings shall be aligned either parallel or at right angles to the street rights-
of -way.
.020 All buildings adjacent to a public street shall maintain a continuous `street wall'
formed by the edge of the building for a minimum of seventy percent (70 %) of the lot/parcel
frontage adjacent to the street.
.030 Parking lots and structures shall not be located directly adjacent to a public street
but shall be placed internal to the block in a location screened from view of the public right -of-
way or subterranean to the building.
.040 Parking Structures. Parking structures shall be screened from view of the public
right -of -way.
18.20.110 PUBLIC PARKS, RECREATIONAL- LEISURE AREAS AND
LANDSCAPING.
.010 Public Parks. Public parks shall be provided as follows:
.0101 Parcels eight (8.0) acres or larger shall provide and construct an on -site
public park at a minimum size of forty -four (44) square feet per unit.
.01 Said park shall be bounded on at least one side by a public street
with on -street parking.
.02 This requirement is in addition to the payment of park -in -lieu fees;
however, the value of the parkland dedication will be credited against overall park in lieu fees
paid for the project. This credit will be given for park land dedication only. No credit will be
given for improvements to the park or for recreational - leisure areas as required subject to
18.20.110.020 (Recreational- Leisure Areas).
.0102 Parcels less than eight (8.0) acres in size shall pay a park -in -lieu fee.
.020 Recreational- Leisure Areas. Two hundred (200) square feet of recreational-
leisure area shall be provided for each dwelling unit and may be provided by private areas,
common areas, or a combination of both.
.0201 Common Recreational- Leisure Areas. All common recreational - leisure
areas shall be conveniently located and readily accessible from all dwelling units located on the
building site and shall be integrated with and contiguous to other common areas on the building
site. The common recreational - leisure area may be composed of active or passive facilities and
may incorporate any required setback areas other than setback areas adjacent to public rights -of-
way, private streets and alleys and interior property lines, but shall not include or incorporate any
driveways or parking areas, trash pickup or storage areas or utility areas. The common
recreational - leisure area shall have a minimum dimension of ten (10) feet.
.01 Improvement of Common Recreational - Leisure Areas. All
common recreational - leisure areas shall be landscaped with lawn, trees, shrubs or other plants as
set forth in Chapter 18.46 (Landscaping and Screening) with the exception of reasonably
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Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
required pedestrian walkways and paved recreational facilities such as swimming pools and
decks and court game facilities.
(a) Fountains, ponds, waterscape, sculpture, planters, benches
and decorative screen -type walls installed incidentally to the primary plants in the landscaping
shall be permitted and encouraged.
(b) All required common recreational - leisure areas and other
required open space areas shall be developed and professionally maintained in accordance with
approved landscape and irrigation plans.
(c) Courtyards internal to a project or enclosed on at least three
(3) sides shall have a minimum width of forty (40) feet and shall be landscaped with a ratio of
hardscape to planting not exceeding a ratio one (1) square foot of landscape to one (1) square
foot of hardscape. Pools and spas shall be excluded from this ratio.
(d) The base of a building shall be separated from adjacent
common recreational - leisure area by a planter allowing a minimum thirty (30) inches planting
width.
.0202 Private Recreational- Leisure Areas. In order for private patios and
balconies to count toward the Recreational- Leisure Area requirement, they must comply with the
following:
.01 Any private patios for ground floor units shall not be less than one
hundred (100) square feet in area, with a minimum dimension of eight (8) feet.
.02 Private balconies for dwelling units located entirely above the
ground floor shall not be less than seventy (70) square feet in area, with a minimum dimension of
seven (7) feet.
.030 Landscaping. Landscaping, including fences, walls and hedges, shall be permitted
and /or required subject to the conditions and limitations set forth herein and in Chapter 18.46
(Landscaping and Screening) except that the minimum plant size for a Date Palm, which shall be
thirty ( 301- foot brown trunk height and a Mexican Fan Palm, which shall be twenty 20)
brown trunk height.
18.20.120 PARKING, LOADING, AND VETIICULAR ACCESS
.010 Number of Parking Spaces
.0101 Number of Spaces for Residential Uses. The following minimum parking
requirements shall be used in determining parking need:
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Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
Table 204
MINIMUM PARKING REQUIREMENTS:
THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Total Number of Bedrooms
Minimum Number of Parking Spaces Per Unit
1 bedroom
1.5 spaces
2 bedroom
2.0 spaces
3 bedroom
2.5 spaces
4 bedroom
3.5 spaces
.0102 Number of Spaces for Non - Residential Uses. The number of parking
spaces for non - residential uses shall be determined by the type of use (use class) specified in
Table 42 -A (Non- Residential Parking Requirements) of Chapter 18.42 (Parking and Loading).
.0103 Number of Spaces for Mixed -Use Projects. Due to variations in parking
demand and the needs of each project, vehicle parking requirements, the demand for drop -off
and pick -up locations and the design of the parking areas, including ingress and egress, shall be
determined as part of the final site plan review process by the City Traffic and Transportation
Manager based upon information contained in a parking demand study prepared by an
independent traffic engineer, as approved by the City Traffic and Transportation Manager. The
narking demand studv shall be nrenared at the nronerty owner /developer's expense and provided
as part of the final site plan application
.0104 On -Street Parking. Parking located on a private or public street directly in
front of a use may be considered for parking credit as p &A o ftl ie .aAEiag aema-a4 s.w. y ,
providing a parking management plan is approved by the City Engineer, which adequately
addresses how parking will be limited to the use that it is intended to serve
.01053 Tandem Parking. Tandem Parking may be permitted in conjunction with
subterranean parking and tuck -under buildings, where both spaces are assigned to the same
designated dwelling unit.
.01064 Valet Parking. Valet parking may be permitted in conjunction with
subterranean parking, provided valet services are provided for and managed by an on -site
management company or homeowner's association.
.01073 Drop -off and Pick -up Locations. Drop -off and pick -up locations shall be
incorporated into the design of parking areas and the number, location and design demand €e�
^° shall be approved by the City Engineer
.020 Designation of Parking for Residential and Non - Residential Uses. Parking spaces
specifically designated for non - residential and residential uses shall be marked by the use of
posting, pavement markings, and/or physical separation. Parking design shall incorporate
separate entrances and exits, or a designated lane, for residents, so that residents are not waiting
in line behind non - residential drivers.
.030 Vehicle Access. All vehicle access shall be designed and improved in accordance
with the requirements of the City Engineer.
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Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
.0301 Primary Vehicle Access. Parcels located adjacent to Connector Streets
shall have their primary vehicle access off of said streets.
.0302 Minimum Distance Between Driveways of Arterials. The minimum
distance between adjacent driveways on the same site or adjacent properties located along
arterials shall be not less than three hundred and fifty (350) feet except as otherwise approved by
the City Engineer.
.0303 Vehicular Access from Katella Avenue. When two or more parcels or lots
located adjacent to Katella Avenue are considered as a single, integrated development, additional
driveways may be permitted subject to the Standard Driveway Detail requirements of the Public
Works Department.
.0304 Driveway Width Dimensions. Driveways shall be a minimum of twenty -
four (24) feet wide, and a maximum of thirty -five (35) feet wide, in order to enhance the
pedestrian experience. Wider widths may be allowed if pedestrian circulation is not significantly
compromised, subject to the approval of the City's Traffic and Transportation Manager based on
sound engineering practices.
.040 Streets. As provided in The Platinum Triangle Master Land Use Plan, Connector
Streets and a "Market Street" will be required within the PTMU Overlay Zone. The location of
these streets shall be in conformance with The Platinum Triangle Master Land Use Plan and
shall be approved by the City Engineer based on an access and alignment study. Additional
Connector Streets may be required by the City Engineer based on projected traffic volumes as
determined by a traffic study.
.0401 The streets shall be designed to comply with the cross sections in The
Platinum Triangle Master Land Use Plan provided that the final width, including supplemental
turn lanes if required, shall be determined based on anticipated traffic volumes analyzed as part
of a project specific traffic impact study to be reviewed and approved by the City Engineer.
.0402 Traffic calming and special street design features such as enhanced paving
and parkway tapers at intersections are permitted and encouraged, subject to the approval of the
City Engineer.
.050 Loading Areas. Off -street loading spaces shall be provided as follows:
.0501 Non residential uses off -street loading requirements shall comply with
requirements of Section 18.42. 100 (Loading Requirements).
.0502 Residential uses.
.01 Residential uses shall have one (1) off - street loading space or
moving plaza for every one hundred and fifty (150) units.
.02 Loading spaces or moving plazas shall be located near entries
and /or elevators.
.03 Loading spaces or moving plazas shall be incorporated into the
design of vehicular access areas.
.04 Decorative paving, removable bollards and potted plants are
permitted and encouraged to enhance loading spaces or moving plazas.
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Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone
.05 Loading spaces or moving plazas may be located on a local or
Connector Street with the approval of the City Traffic and Transportation Manager. The adjacent
parkway and setback landscape treatment shall be designed to allow for loading and unloading.
18.20.130 REFUSE STORAGE AND RECYCLING FACILITIES AND PRIVATE
STORAGE AREAS
.010 Refuse Storage and Recycling Facilities. Refuse storage areas and recycling
facilities shall conform to the standards set forth in the document entitled "Refuse Container
Enclosure for Multiple - Family Residential, Commercial, and Industrial Use" (Form 139) on file
with the City of Anaheim or as otherwise approved by the Director of Public Works, with the
additional requirement that the refuse storage facilities for residential and non - residential users
shall be maintained as separate facilities and shall not allow commingling of the separate
facilities. The storage areas shall be screened from adjacent public or private rights -of -way, or
railroads.
.020 Private Storage Areas. General storage cabinets with a minimum size of one
hundred (100) cubic feet capacity shall be required for each dwelling unit. Provision of said
storage areas shall be in addition to the minimum floor area of the unit. Storage areas may be
located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio or in close
proximity to the dwelling unit.
18.20.140 DESIGN STANDARDS.
.010 The design of buildings within The Platinum Triangle shall be of the highest
quality in massing, design details and amenities.
.020 Amenities. High quality recreational and service amenities to serve the tenants of
the residential complexes shall be provided. Such amenities may include, but are not limited to,
private health clubs or fitness centers, meeting rooms, recreational rooms, pools, spas, dry
cleaning collection and distribution, computer facilities, barbecues, decks, court game facilities,
and community fireplaces.
.030 Integrated Design. The design of buildings, signs, landscaping and other
structures or elements shall feature a unified and integrated theme.
.040 Architectural Massing.
.0401 Regardless of style, a building shall not have a continuous roof or parapet
line exceeding one hundred twenty (120) feet in length without vertical breaks that cause a
change in height of at least six (6) feet.
.0402 When a building exceeds two -- hundred forty (240) feet in length, building
height shall step down in at least one location at least one (1) floor for a minimum length of
twenty -four (24) feet.
.0403. The wall plane of a building fayade shall not extend longer than eighty
(80) feet without a break in the plane no less than three (3) feet in depth.
.050 Facades.
.0501 Street wall facades shall be architecturally enhanced through the use of
arcades, colonnades, recessed entrances, window details, bays, variation in building materials,
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Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
and other details such as cornices and contrasting colors. Total blank wall areas (without
windows or entrances) are prohibited. In addition to architectural massing requirements, building
facades shall be articulated through the use of separated wall surfaces, contrasting colors and
materials, variations in building setbacks, and attractive window fenestrations.
.0502 Street wall facades shall be integrated with public plazas, mini parks,
outdoor dining, and other pedestrian - oriented amenities.
.0503 Buildings at corners of any street intersection not identified as requiring
landmark architecture in The Platinum Triangle Master Land Use Plan, shall receive special
treatment to enhance the pedestrian experience and create visual interest and focal points at the
entryways such as but not limited to, building cut -offs and corner entrances with additional
architectural detail.
.0504 Tops of building facades shall be visually terminated through the use of
cornices, stepped parapets, hip and mansard roofs, stepped terraces, domes and other forms of
multifaceted building tops.
.060 Architectural Detail.
.0601 Buildings on corners must address both streets with an equal level of
architectural detail.
.0602 Projecting features to create visual interest and distinction between units,
such as balconies, porches, bays, and dormer windows, are required. Trim detail on rooflines,
porches, windows and doors on street - facing elevations are required.
.0603 When trim is used, a minimum of one -inch by four -inch (1" x4") trim is
required.
.0604 With stucco walls, a minimum one -inch (1 ") deep raised relief around the
window is required.
.0605 With brick, a minimum two -inch (2 ") wide brickmold is required around
windows.
.0606 Corner boards (the board which siding is fitted at the corner of a frame
structure) are required with wood or simulated wood sidings.
.0607 Dormers must be authentic and either be habitable or provide attic
ventilation and have a symmetrical gable, hip, shed or curved form.
.0608 Windows shall have clear glazing, (panes or sheets of glass) or lightly
tinted glazing e.g., low emissivity, solar, or spandrel glazing (opaque glass for concealing
structural elements). Other types of mirror glazing (including tinted or opaque glass) are not
permitted.
.0609 Windows shall be recessed (not flush with the wall plane) to create
shadow lines and to impart a three- dimensional design feature.
.0610 All first floor exterior doors shall be hinged. Sliding glass doors are
permitted only above the first floor and on rear or interior side yard elevations not visible from
public rights -of -way or adjacent properties.
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.0611 Primary wall materials used on the front fayade must be repeated on the
rear and side elevations.
.0612 The lower thirty percent (30 %) portion of balcony rails shall be finished
with a permanent, solid, building material that matches or is otherwise compatible with the
building.
.0612 Balconies shall provide penetrations in the building mass at least three (3)
feet and create shadow and expose extended wall thickness.
.070 Roof Treatments.
.0701 Roofs shall be of a monochromic color and all penetrations and
appurtenances shall be painted to match or be compatible with the roof color so that their
visibility is minimized.
.0702 Rooftop mechanical equipment shall be mounted behind major rooftop
elements such as stair or elevator penthouses, parapets, or architectural projections so that the
equipment is not visible from the adjacent public rights -of -way or adjacent property at grade
level.
.080 Parking Treatments.
.0801 Parking structures shall be screened from view and shall include
architectural detailing, fayade treatment, artwork, landscaping, or similar visual features to
enhance the street fayade.
.0802 The portions of any parking structure facing the street, excluding vehicular
access areas, shall be "lined" with residential, live /work or other usable space to clad the face of
the structure so that it is not visible from the adjacent street.
.0803 Subterranean parking structures can extend above grade up to two feet six
inches (2'6 ") without requiring cladding treatment as required above.
.0804 Parking structures shall include a squeal -free floor treatment.
.090 Service Areas. Service areas and mechanical/electrical/backflow prevention
equipment shall be located and screened to reduce their visibility from public and communal
gathering areas; methods of screening that are compatible with the project's architecture shall be
utilized.
.100 Landmark Architecture. Building architecture on key intersection corners as
shown on The Platinum Triangle Master Land Use Plan requires special treatment. This
treatment shall consist of the following:
1001 Tower element that demonstrates distinctive architectural features on the
fayade by providing both greater height and off -set from the building wall plane.
.1002 Enhanced pedestrian entry on the corner defined as including at least three
(3) of the following characteristics:
.01 Oriented on a diagonal to the corner.
.02 Setback at least three (3) feet behind the building fayade.
.03 Two (2) story entrance height and twenty (20) foot entrance width.
20 -20
Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone
.04 Canopy, overhang or other architectural covering over the building
entry.
.05 Other architectural element of a size and scale easily visible from
at least one block away and customized for that specific corner location.
.06 Decorative landscaping, hardscape, planters and/or fountains.
.110 Building Treatment Adjacent to Streets. Consistent with the goal of creating
walkable and safe neighborhoods, the ground floor of a building and the space between the
building and street requires "pedestrian friendly" design treatments.
1101 Commercial Ground Floor Treatment. When the ground floor is intended
for retail or other commercial use in a vertically mixed use building, the ground floor elevation
exposed to the street shall provide:
.01 Primary pedestrian access directly from the adjacent public street
frontage.
.02 A maximum eighteen (18) inch deep area, measured out from the
face of the building, within which a commercial tenant may customize store front design.
.03 A pedestrian signage area at least twenty -four (24) inches in height
integrated into the front ground floor elevation of the building.
.04 An average of fourteen (14) foot floor to ceiling height on the retail
ground floor.
.05 Projecting signs.
.06 Approximately twice the amount of window area on the ground
floor compared to other floors.
.07 At least one (1) of the following devices shall be used to visually
differentiate the retail from other levels:
(a) Minimum two (2) foot setback between the ground and
upper floors, up to six (6) feet setback is allowed;
(b) Use of overhangs, awnings or trellis work for at least sixty
percent (60 %) of the frontage.
.1102 Arterial Streets — Residential Ground Floor. When residential ground
floor use is adjacent to an arterial street, the ground floor shall be designed to provide the
following:
.01 At least one (1) residential entry into a communal lobby or
courtyard per block.
.02 Dwelling unit patios shall be located at least eighteen (18) inches
above the sidewalk grade.
.1103 Connector Streets — Residential Ground Floor. When residential ground
floor use is adjacent to a Connector Street, regardless of the number of floors, the ground floor
shall be designed to provide the following:
20 -21
Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
.01 Communal or individual dwelling unit entries accessible from the
adjacent street and/or individual dwelling unit walkway connections to the adjacent street
sidewalk.
.02 Residential entry stoops, patios or communal entries shall be at
least eighteen (18) inches above the sidewalk grade for a minimum of fifty percent (50 %) of the
entries along connector streets.
.120 Pedestrian Circulation. On -site pedestrian circulation shall be continuous and
connect various on site uses and, where feasible, connect to off -site transit stops.
18.20.150 SIGNS.
.010 Coordinated Program. A coordinated sign program is required to be submitted to
the Planning Department prior to the issuance of the first sign permit and shall address the
following:
.0101 Signs shall complement the architecture of the building and provide a
unifying element along the streetscape.
.0102 The size, scale, and style of signs shall be internally consistent and
consistent with the scale of the buildings which they are a part.
.0103 Wall signs shall be placed between the ground floor doorways and the
upper facades and shall be located at approximately the same height to create a unifying,
horizontal pattern.
.020 Applicability of other Regulations. The provisions in Chapter 18.44 (Signs), shall
apply to projects within the PTMU Overlay Zone except as provided below:
.0201 Awning signs and projecting signs are permitted for buildings with ground
floor commercial uses.
.0202 Thematic elements or three - dimensional object or non - habitable structure
such as a gateway, tower, sculpture, spire and similar architectural features to entertain
pedestrians are permitted.
18.20.160 COMPATIBLITY STANDARDS.
The following standards are intended to ensure the compatibility of uses in a mixed -use project.
.010 Security. Residential units shall be designed to ensure the security of residents
through the provision of secured entrances and exits that are separate from the non - residential
uses and are directly accessible to parking areas. Non - residential and residential uses shall not
have common entrance hallways or common balconies. These separations shall be shown on the
development plan and the separations shall be permanently maintained.
.020 Restriction on Activities. Commercial uses shall be designed and operated, and
hours of operation limited, so that neighboring residents are not exposed to offensive noise,
especially from traffic, trash collection, routine deliveries or late night activity. No use shall
produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m.
and 6 a.m.
20 -22
Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
.0340 Vibrations and Odors. No use, activity or process shall produce continual
vibrations or noxious odors that are perceptible without instruments by the average person at the
property lines of the site or within the interior of residential units on the site.
.0430 Lighting. Outdoor lighting associated with commercial uses shall not adversely
impact surrounding residential uses, but shall provide sufficient illumination for access and
security purposes. Such lighting shall not blink, flash, or oscillate.
.050 Windows. Residential windows shall not directly face loading areas and docks.
To the extent windows of residential units face each other, the windows shall be offset to
maximize privacy.
18.20.165 GATEWAY DISTRICT SUB —AREA B STANDARDS
Multiple - family development in the Gateway District Sub -Area B shall be subject to the
approval of Conditional Use Permit No. 2003 - 04763, as may be amended from time to time, as
set forth in Table 20-A (Primary Uses: The Platinum Triangle Mixed -Use (PTMU) Overlay
Zone) and shall comply with all of the provisions of Chapter 18.20 (The Platinum Triangle
Mixed Use Overlay Zone) except as set forth in Section 18.20.170 (Implementation) or as set
forth below:
.010 The required setbacks prescribed in Section 18.20.090 (Structural Setbacks) shall
be applicable except as set forth below:
.01 No minimum setback area is required adjacent to the interior southerly
property line abutting the cEity boundary adjacent to the City of Orange.
.02 Where an on -site driveway is provided between two buildings, no
minimum landscaped area is required; however, building walls shall be planted with clinging
vines.
.020 The required public park provision and construction requirements prescribed in
paragraph .0101 of subsection 18.20.110 (Public Parks Recreational - leisure Areas and
Landscaping)) shall not be applicable to development in Sub--Area B; however, payment of
park -in -lieu fees is required.
.030 The standards prescribed in rparagraph .0403 of subsection 18.20.140.040
(Architectural Massing) subsection .0403 shall not be applicable.
.040 The standards prescribed in c "paragraph .0610 of subsection 18.20.140.060
(Architectural Detail) subsection .0610 shall not be applicable.
.050 The standards prescribed in NeetioH- paragraph 18.20.140.110.1102 (Arterial
Streets — Residential Ground Floor) shall not be applicable.
18.20.170 IMPLEMENTATION.
An approved f£4n1 sSite pPlan and a dDevelopment a Agreement between the property
owner and the City of Anaheim are required for all development under the PTMU Overlay Zone
in the Katella, Gene Autry and Gateway Districts except as exemp4 jadicated -under subsection
18.20.170.010.0101 (Master Site Plan) and 18.20. 170. 020.0201 (dDevelopment agreement
Exemptions). Development within the Stadium and Arena Districts shall be subject to the
requirements of the underlying PR (Public Recreation) or T (Transitional) Zones.
20 -23
Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone
.010 Final Site Plan Review. A fEinal site pPlan 2Application for development in the
Katella, Gene Autry and Gateway Districts shall be submitted to the Planning Department for
review and approval by the Planning Director as to conformance with the provisions of the
PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. Said application shall
include, but not be limited to, Site Plans, Floor Plans, Elevations, Landscape Plans, Sign Plans
and any other such information as determined by the Planning Director. The approved fliinal
site pPlan shall be attached as an exhibit to the dDevelopment aAgreement as required pursuant
to subsection - 18.20.170.020 (dDevelopment aAgreement) and submitted to Planning
Commission and City Council for review at a noticed Public Hearing.
.0101 Master Site Plan. For projects over fifteen (15) acres, an approved master
site plan may be attached to a development agreement in lieu of an approved final site plan. If a
master site plan is attached to the Development Agreement, final site plans shall be submitted to
the Planning Department for review and approval by the Planning Director as to conformance
with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use
Plan prior to issuance of building permits. A master site plan shall include any such information
as determined by the Planning Director.
.01024 Variances. A fliinal sSite pPlan or master site plan which includes a
request for a Variance shall have an application for said Variance processed concurrently with
the dDevelopment a4greement.
.01032 Conditional Use Permit. A fEinal site pPlan or master site plan which
includes a request for a cConditional u8se pPermit shall have an application for said
cGonditional ul3se pPetmit processed concurrently with the dDevelopment aAgreement.
.020 Development Agreement. A dDevelopment aAgreement shall be processed for
all development under the PTMU Overlay in the Katella, Gene Autry and Gateway Districts,
except as exempt under s4seetieir 18.20.170.020.0201 (Development Agreement
Exemptions) and paragraph 18.20. 170. 020.0202 (Development ^ gree eiit E°,... .hens) per
Resolution No. 82R -565 (Procedures Resolution) adopted by the City pursuant to Section 65865
of the Development Agreement Statute. The form of the dDevelopment a Agreement shall be as
approved per City Council Resolution No. 2004 -179 on file in the Office of the City Clerk
except as indicated under subsection 18.20.170.020.0203 (Development Agreements in
conjunction with a Master Site Plan) A fPinal sSite pPlan or master site plan found to be in
accordance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan
shall be attached as an exhibit to said dDevelopment aAgreement.
.0201 Development Agreement Exemptions —Following construction and
commencement of operation of a project that has been implemented pursuant to an approved
dDevelopment aAgreement, the following projects or improvements do not require a
dDevelopment aAgreement; however, plans for said projects or improvements shall be submitted
to the Planning Department for review and approval for consistency with all applicable
provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan prior to
the issuance of building, landscape or sign permits.
.01 Interior building alterations, modifications or improvements which
do not result in an increase in the gross square footage of the building.
20 -24
Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone
.02 Minor building additions or improvements interior to or at the rear
of a building or development complex which are not visible from the public right -of -way; do not
exceed five percent of the building's gross square footage or one - thousand ( 1,0001 square feet,
whichever is lessef, are in substantial conformance with the building envelope; and are in
conformance with the Design Plan and the Zoning and Development Standards set forth in this
chapter.
.03 Exterior fagade improvements which do not add to the gross square
footage of a building or development complex, are not visible from the public right -of -way, and
are in substantial conformance with the PTMU Overlay Zone and The Platinum Triangle Master
Land Use Plan.
.04 Signage, including wall signs and on -site directional /informational
signs, -ate which sign&-are in conformance with the PTMU Overlay Zone and The Platinum
Triangle Master Land Use Plan.
.05 Landscape/hardscape improvements or modifications which are
not in connection with building modifications and are in conformance with the PTMU Overlay
Zone and The Platinum Triangle Master Land Use Plan.
.06 Conditionally permitted uses that will not increase the square
footage or parking demand of the existing development as determined by the Planning Director
and City Engineer.
.0202 Multiple == fEamily development in the Gateway District Sub- -Area B as
which is authorized by au- approved Conditional Use Permit No. 2003 - 04763, shall be exempt
from the requirements for the property owner to enter into a dDevelopment aAgreement with the
City of Anaheim.
.0203 Development Agreements in coniunction with a Master Site Plan. The
form of a development agreement used in conjunction with a master site plan shall be as
approved per City Council Resolution No. 2004 -179 on file in the Office of the City Clerk with
the exception that the term "final site plan" shall be replaced with "master site plan" and that a
time extensions may be reauested provided that proiect milestones are met as indicated in the
development agreement
.030 Environmental Review. Development aAgreement rReview by the Planning
Commission shall include an environmental determination for the proposed project as depicted in
the ff-mal sSite pglan or master site plan
20 -25
ATTACHMENT NO. 4 -A
ADDITIONS AND REFINEMENTS TO
THE AMENDMENT TO THE PTMU OVERLAY ZONE
(ZONING CODE AMENDMENT NO. 2004 - 00036)
Draft Resolution
Anaheim Zoning Code
15.20.040 DEVELOPMENT DISTRICTS.
The Platinum Triangle Mixed Use Overlay Zone
.010 Purpose. To permit the maximum amount of development in The Platinum
Triangle consistent with the General Plan and the infrastructure capacity analyzed by EIR No.
330 and EIR No. 332 the PTMU Overlay Zone establishes land use intensities for each of the
following Development Districts: Arena District, Gateway District, Gene Autry District, Katella
District and Stadium District. The boundaries of the Development Districts are depicted in The
Platinum Triangle Master Land Use Plan which boundaries are incorporated herein by this
reference.
.020 Table 20 -D (Development Intensities: The Platinum Triangle Mixed Use (PTMU)
Overlay Zone) indicates the maximum land use intensities analyzed by EIR No. 330 and EIR No.
332. The Planning Department will maintain an accounting of the total amount of square footage
approved within each district. Development shall not exceed the overall total land use intensity
for The Platinum Triangle (PTMU) Overlay or the intensity identified for each District.
Table 20 -D
DEVELOPMENT INTENSITIES:
THE PLATINUMTRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Maximum Dwelling aximum Office Maximum
*Distr ict ct Units Square Footage Commercial Square
Footage
Arena
425
100,000
100,000
Gateway **
1,7-SO 2 075
530,000
50,000
Gene Autry
1,000
100,000
50 174,100
Katella
4,250
775,000
544,300 630.300
Stadium
1,750
1,760,000
1,300,000
Total 9i-7-59 3,265,000 1,444,4W2 .254,400
* For properties along Gene Autry Way, the additional 4'6" of public right- of- way 12er General Plan
Amendment No. 2004 -00420 may be counted towards the property's total acreage when determining
density.
* * The Gateway District encompasses Sub -Areas A, and C R as depicted in 4The Platinum Triangle Master
Land Use Plan (321 dwelhne units within the Gateway District are specifically allocated to Sub -Area C).
20 -7
Anaheim Zoning Code
The Platinum Triangle Mixed Use Overlay Zone
.10 Open, unenclosed balconies that encroach into the required street
setback no more than three (3) feet.
11 Covered or uncovered entrances that do not extend above the level
of the first floor of the building and that include a wall not more than thirty -six (36) inches in
height that encroach into the required street setback no more than five (5) feet.
.12 Fences, walls and hedges that comply with Section 18.46.110
(Screening, Fences, Walls and Hedges) of Chanter 18.46 Landscaping and Screening) and
subsection 18.20.030. (Accessory Uses).
.0104 Improvement of Walkways within the Setback Area Required. Adjacent
to St C o lle g e B vE _a Gen Autry Way and— Orangewood Avenue, the portion of the
setback adjacent to the right -of -way shall be improved with a walkway as indicated in Table 20-
H and as shown in The Platinum Triangle Master Land Use Plan. An easement for said walkway
shall be provided to the City.
Table 20 -H
STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS -OF -WAY, PRIVATE STREETS AND ALLEYS:
THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Permitted
Street Minimum Setback Encroachments Required Landscape
Katella 18 feet Patios: 8 feet • The area between residential patios and the
Avenue sidewalk/walkway (see below) shall be fully
Residential landscaped
buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80%
of the setback area may be paved
Ground floor • A date palm matching the date palm in the public
commercial: 4 feet right -of -way in spacing and height shall be installed 5
feet from the right -of -way as indicated on the Platinum
Triangle Master Land Use Plan
State • South of Gene Autry Way: 13 feet Patios: 8 feet - The area between residential patios and the
College • North of Gene Autry Way to railroad sidewalk/walkway (see below) shall be fully
Boulevard grade separation: 16 feet Residential landscaped
• North of railroad grade separation: buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80%
20 feet of the setback area may be paved
Ground floor A 2.5 .....lk .hall b ___.:a..,, .,,ja to RO
commercial: 4 -8
feet
Gene Autry 4-29_5 feet Patios: 5 feet • The area between residential patios and the
Way sidewalk/walkway (see below) shall be fully
Residential landscaped
buildings: 3 feet* • Adjacent to ground floor commercial uses, up to
* Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation.
20 -11
$0100% of the setback area may be paved ron vided
Ground floor
required Mexican Fan Palm trees in setback areas are
commercial: 5 feet
provided 20 feet on- center
outdoor
• A 2.S walkway shall be provided adjacent to ROW,
restaurant seating
scored to match adjacent sidewalk and an easement
areas may
provided to the City
* Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation.
20 -11
Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone
subsection 18.20.170.020 (development agreement) and submitted to Planning Commission and
City Council for review at a noticed Public Hearing.
.0101 Master Site Plan. For projects over €ifteerq twelve (4312) acres, an
approved master site plan may be attached to a development agreement in lieu of an approved
final site plan. If a master site plan is attached to the Development Agreement, final site plans
shall be submitted to the Planning Department for review and approval by the Planning Director
as to conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle
Master Land Use Plan prior to issuance of building permits. A master site plan shall include any
such information as determined by the Planning Director.
.0102 Variances. A final site plan or master site plan which includes a request
for a Variance shall have an application for said Variance processed concurrently with the
development agreement.
.0103 Conditional Use Permit. A final site plan or master site plan which includes a
request for a conditional use permit shall have an application for said conditional use permit
processed concurrently with the development agreement..020 Development Agreement. A
development agreement shall be processed for all development under the PTMU Overlay in the
Katella, Gene Autry and Gateway Districts, except as exempt under paragraph
18.20.170.020.0201 (Development Agreement Exemptions) and paragraph 18.20.170.020.0202
per Resolution No. 82R -565 (Procedures Resolution) adopted by the City pursuant to Section
65865 of the Development Agreement Statute. The form of the development agreement shall be
as approved per City Council Resolution No. 2004 -179 on file in the Office of the City Clerk
except as indicated under subsection 18.20.170.020.0203 (Development Agreements in
conjunction with a Master Site Plan). A final site plan or master site plan found to be in
accordance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan
shall be attached as an exhibit to said development agreement.
.0201 Development Agreement Exemptions — Following construction and
commencement of operation of a project that has been implemented pursuant to an approved
development agreement, the following projects or improvements do not require a development
agreement; however, plans for said projects or improvements shall be submitted to the Planning
Department for review and approval for consistency with all applicable provisions of the PTMU
Overlay Zone and The Platinum Triangle Master Land Use Plan prior to the issuance of building,
landscape or sign permits.
.01 Interior building alterations, modifications or improvements which
do not result in an increase in the gross square footage of the building.
.02 Minor building additions or improvements interior to or at the rear
of a building or development complex which are not visible from the public right -of -way; do not
exceed five percent of the building's gross square footage or one - thousand (1,000) square feet,
whichever is less; are in substantial conformance with the building envelope; and are in
conformance with the Design Plan and the Zoning and Development Standards set forth in this
chapter.
.03 Exterior fagade improvements which do not add to the gross square
footage of a building or development complex, are not visible from the public right -of -way and
20 -24
ATTACHMENT NO. 5
REVISIONS TO THE PLATINUM TRIANGLE
STANDARDIZED DEVELOPMENT AGREEMENT
(MISCELLANEOUS CASE NO. 2005 - 00114)
RECORDING REQUESTED BY AND
WIZEN RECORDED RETURN TO:
City Council
City of Anaheim
c/o City Clerk
P.O. Box 3222
Anaheim, California 92805
(Space Above Line For Recorder's Use)
DEVELOPMENT AGREEMENT NO.
BETWEEN
THE CITY OF ANAHEIM
AND
DEVELOPMENT AGREEMENT NO.
BETWEEN
THE CITY OF ANAHEIM
AND
TABLE OF CONTENTS
Page
RECITALS
Section 1.
DEFINITIONS
1.1
1.2
Authorizing Ordinance
1.3
CITY
1.4
Development
1.5
Development Agreement Date
1.6
Development Agreement Statute
1.7
Development Approvals
1.8
Enabling Ordinance
1.9
Existing Land Use Regulations.
1.10
Final Site Plan
1.11
Gross Floor Area/GFA
1.12
Interim Development Fee
1.13
Mortgage
1.14
Mortgagee
1.15
Owner
1.16
Parking Areas
1.17
Permitted Buildings
1.18
Platinum Triangle Area
1.19 Procedures Resolution
1.20
Proiect
1.21
Prope
1.22
Support Commercial Uses
1.23
Term
Section 2.
TERM
Section 3. BINDING COVENANTS
Section 4. EFFECT OF AGREEMENT
Section 5. PROJECT LAND USES
Section 6. PERMITTED BUILDINGS
Section 7. DENSITY OF PERMITTED BUILDINGS
7.1 Permitted Buildings
7.2 Parking Areas
Section 8. ENFORCEMENT
Section 9. PUBLIC IMPROVEMENTS AND SERVICES
9.1 Public Park
9.2 Utilities (Water, Electrical, Gas, Sewer, & Drainage)
9.2.1 Water
Service .................................................................. ...............................
9.2.2 Storm and Sewer Drains
9.3 Timing, Phasing and Sequence of Public
Improvements and Facilities
9.4 Traffic Circulation Improvements
Section 10. REIMBURSEMENT PROVISION
Section 11. DEDICATIONS AND EXACTIONS
Section 12. FEES, TAXES AND ASSESSMENT
12.1
Fees, Taxes and Assessments
12.2
Platinum Triangle Interim Development
Fees ................
...............................
12.2.1
Electrical Utilities Undergrounding
Fee .........................
...............................
12.2.2
Fire Facilities
Fee ............................................................
...............................
12.2.3
General Plan and Environmental Processing
Fee ...........
...............................
12.2.4
Library Facilities
Fee ......................................................
...............................
12.2.5
Park
Fee .....................
................................................ ...............................
12.2.7
Public Works Supplemental Sewer, Storm Drain and
Beautification Fees
12.2.8
Traffic Impact
Fee ..........................................................
...............................
12.3
Excluded Development Fees
12.3.1
Water Utilities Fees
12.3.2
Electrical Utilities Fees
12.3.3
City Processing Fees
12.4
Platinum Triangle Area Infrastructure Funding Shortfall
Fees
12.5
Accounting of Funds
12.6.
Imposition of Increased Fees, Taxes or Assessments
Section 13 COVENANTS CONDITIONS AND RESTRICTIONS
Section 14 NEXUS/REASONABLE RELATIONSHIP CHALLENGES ..................................
Section 15. TIMING OF DEVELOPMENT
Section 16. EXISTING USES AND REZONING
16.1 Existing Uses
16.2 Rezoning
Section 17. FUTURE APPROVALS
17.1 Basis for Denying or Conditionally Granting Future
Approvals
17.2 Standard of Review
17.3 Future Amendments to Final Site Plan
Section 18 AMENDMENT
18.1 Initiation of Amendment
18.2 Procedure
18.3 Consent
18.4 Amendments
18.5 Effect of Amendment to Development Agreement
Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY
19.1 Non - Cancellation of Rights
Section 20. BENEFITS TO CITY
Section 21. BENEFITS TO OWNER
Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND
PROMOTED BY DEVELOPMENT AGREEMENT STATUTE
Section 23. RESERVED AUTHORITY
23.1 State and Federal Law
23.2 Building Codes
23.3 Public Health and Safety
Section 24. CANCELLATION
24.1
24.2
24.3
Section 25. PERIODIC REVIEW
Initiation of Cancellation
Procedure
Consent of Both Parties
25.1 Time for Review
25.2 OWNERS Submission
25.3 Findings
25.4 Initiation of Review by City Council
Section 26. EVENTS OF DEFAULT
26.1 Defaults by OWNER
26.2 Specific Perfonnance Remedy
26.3 Liquidated Damages Remedy
Section 27. MODIFICATION OR TERMINATION
27.1
Notice to OWNER
27.2
Public Hearing
27.3
Decision
27.4
Implementation
27.5
Schedule for Compliance
Section 28. ASSIGNMENT
28.1 Right to Assign
28.2 Release upon Transfer
Section 29. NO CONFLICTING ENACTMENTS
Section 30. GENERAL
30.1
30.2
30.3
30.4
30.5
30.6
30.7
30.8
30.9
30.10
30.11
30.12
30.13
30.14
30.15
30.16
30.17
30.18
30.19
30.20
Cure
30.21
Force Majeure
Construction of Development Agreement
Severability
Cumulative Remedies
Hold Harmless Agreement
Cooperation in the Event of Legal Challenge
Public Agency Coordination
Initiative Measures
Attorneys' Fees
No Waiver
Authority to Execute
Notice
Captions
Consent
Further Actions and Instruments
Subsequent Amendment to Authorizing Statute
Governing Law
Effect on Title
Mortgagee Protection
Notice of Default to Mortgagee; Right of Mortgageeto
Bankruptcy
30.22
Disaffirmance
30.23
No Third Party Beneficiaries
30.24
Proiect as a Private Undertaking
30.25
Restrictions
30.26
Recitals
30.27
Recording
30.28
Title Report
30.29
Entire Agreement
30.30
Successors and Assigns
30.31
OWNER'S Title to Property
30.32
Exhibits
LIST OF EXHIBITS
Exhibit "A" Legal Description of the Property
Exhibit "B" Final Site Plan
Exhibit "C" Conditions of Approval
Exhibit "D" Platinum Triangle Interim Development Fees
Exhibit "D -1" Electrical Utilities Undergrounding Fee
Exhibit "D -2" Fire Facilities Fee
Exhibit "D -3" General Plan and Environmental Processing Fee
Exhibit "D -4" Library Facilities Fee
Exhibit "D -5" Park Fee
Exhibit "D -6" Police Facilities Fee
Exhibit "D -7" Public Works Supplemental Sewer, Storm Drain and Beautification Fees
Exhibit "D -8" Traffic Impact Fee
Exhibit "D" Development and Maintenance Obligations
Exhibit "E" Preliminary Title Report
DEVELOPMENT AGREEMENT NO.
BETWEEN
THE CITY OF ANAHEIM
AND
This Development Agreement is entered into this _ day of 20_, by and between
the City of Anaheim, a charter city and municipal corporation, duly organized and existing under the
Constitution and laws of the State of California (hereinafter "CITY ") and (hereinafter
"OWNER "), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections
65864 through 65869.5 of the California Government Code (the "Development Agreement Statute ").
RECITALS
This Development Agreement is predicated upon the following facts:
A. To strengthen the public planning process, encourage private participation in comprehensive
planning, and reduce the economic risk of development, the Legislature of the State of California adopted the
Development Agreement Statute, Sections 65864, et seq., of the Government Code. The Development
Agreement Statute authorizes CITY to enter into binding development agreements with persons having legal
or equitable interests in real property for the development of such property in order to, among other things:
encourage and provide for the development of public facilities in order to support development projects;
provide certainty in the approval of development projects in order to avoid the waste of resources and the
escalation in project costs and encourage investment in and commitment to comprehensive planning which
will make maximum efficient utilization of resources at the least economic cost to the public; provide
assurance to the applicants of development projects (1) that they may proceed with their projects in
accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects
and provisions of such development agreements, and (2) encourage private participation in comprehensive
planning and reduce the private and public economic costs of development.
B. These Recitals refer to and utilize certain capitalized terms which are defined in this Development
Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these
Recitals.
C. On May 25, 2004, the Anaheim City Council approved General Plan Amendment No.
2004 -00419 setting forth the City's vision for development of the City of Anaheim (the "General Plan
Amendment "), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a
Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ( "FEIR No. 330 "), in
conjunction with its consideration and approval of the General Plan Amendment, amendment of CITY's
zoning code, and a series of related actions.
D. CITY desires that the approximately 820 -acre area generally bounded by the Santa Ana River on
the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the
Southern California Edison Company Easement on the north (hereinafter called "The Platinum Triangle
Area ") be developed as a combination of high quality industrial, office, commercial and residential uses, as
envisioned in the General Plan Amendment.
E. In order to carry out the goals and policies of the General Plan for The Platinum Triangle, on
May 25, 2004, the City Council approved The Platinum Triangle Master Land Use Plan,
setting forth the new vision for The Platinum Triangle.
F. To further implement the goals and policies of the General Plan for The Platinum Triangle, the
City Council has established The Platinum Triangle Mixed -Use (PTMU) Overlay Zone (hereinafter the
"PTMU Overlay Zone ") consisting of approximately three hundred and seventy -five acres within The
Platinum Triangle as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for
high quality well- designed development projects that could be stand -alone projects or combine residential
with non - residential uses including office, retail, business services, personal services, public spaces and uses,
and other community amenities within the area.
G. On the Anaheim 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 ( "FSEIR No. 332 ") to provide for the
implementation of the Platinum Triangle Master Land Use Pland 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.
FiH. OWNER represents that it owns in fee approximately acres of real property located
at in the City, County of Orange (hereinafter "County "), State of California
(hereinafter collectively called the "Property ") in The Platinum Triangle and zoned PTMU Overlay and more
particularly shown and described on Exhibit "A" attached hereto and made a part hereof by this reference.
I4I. OWNER desires to develop the Property in accordance with the provisions of this Development
Agreement by developing a
all as more particularly set forth in the Final Site Plan (hereinafter collectively called the "Project ").
H. CITY desires to accomplish the goals and objectives set forth in the CITY's General Plan and the
objectives for the PTMU Overlay Zone as set forth in subsection 18.20.010.020 of the Anaheim Municipal
Code, and finds that the Project will accomplish said goals and objectives.
K3. The City Council, as duly recommended by the Planning Commission, adopted Ordinance No.
5936 on August 24, 2004 reclassifying the property in The Platinum Triangle,
including the Property, into the PTMU Overlay Zone.
LI4. Pursuant to the Final Site Plan, OWNER will submit tentative maps and/or vesting tentative
maps, if required. OWNER further anticipates the submission of detailed construction plans and other
documentation required by CITY in order for the OWNER to obtain its building permits.
ME. As consideration for the benefits gained from the vested rights acquired pursuant to the
Development Agreement Statute, to conform with the requirements of the PTMU Overlay Zone, and to
comply with the applicable mitigation measures imposed by Updated and Modified Mitigation Monitoring
Program No. 106A and Mitigation Monitoring Program No. for the Project , CITY is requiring that
OWNER construct and install a number of public improvements, including off -site traffic circulation
improvements, and provide other public benefits.
NM. In order to avoid any misunderstandings or disputes which may arise from time to time between
OWNER and CITY concerning the proposed development of the Project and to assure each party of the
intention of the other as to the processing of any land use entitlements which now or hereafter may be
required for such development, the parties believe it is desirable to set forth their intentions and
understandings in this Development Agreement. In order for both CITY and OWNER to achieve their
respective objectives, it is imperative that each be as certain as possible that OWNER will develop and that
CITY will permit OWNER to develop the Project and public improvements as approved by CITY within the
time periods provided in this Development Agreement.
ON. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23, 1982, which makes
CITY subject to the Development Agreement Statute. Pursuant to Section 65865 of the Development
Agreement Statute, CITY adopted Resolution No. 82R -565 (the "Procedures Resolution ") on November 23,
1982. The Procedures Resolution establishes procedures and requirements for the consideration of
development agreements upon receipt of an application.
P9. On , 20, as required by Section 1.0 of the Procedures Resolution, OWNER
submitted to the Planning Department an application for approval of a development agreement (hereinafter
called the "Application "). The Application included a proposed development agreement (the "Proposed
Development Agreement ").
QP. On 20_, as required by Section 65867 of the Development Agreement Statute and
Section 2.1 of the Procedures Resolution, the Planning Director gave public notice of the City Planning
Commission's intention to consider a recommendation to the City Council regarding adoption of a
development agreement.
RQ. On 20 as required by Section 65867 of the Development Agreement Statute
and Section 2.2 of the Procedures Resolution, the City Planning Commission held a public hearing on the
Application.
S.R. On that date, the City CE) mw4 Planning Commission after considering an Initial Study
conducted pursuant to CEQA for this Development Agreement, and the requirements of CEQA, including
Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found
and determined and recommended that the City Council find that FSEIR No. 3302 previously certified by
the City Council for the implemention of The Platinum Triangle and related
projects, together with the Updated & Modified Mitigation Monitoring Plan No. 106A for The Platinum
Triangle, an 4 ,, Miti 4 N.,. , P . fa , iafi f or- th n ., i n greo ea . & a h n.-, eet together
with Mitigation Monitoring Program No. 430— are adequate to serve as the required environmental
documentation for this Development Agreement and satisfies all of the requirements of CEQA, and that no
further environmental documentation need be prepared for this Development Agreement.
ST. The Planning Commission further found that the Development Agreement meets the following
standards set forth in Section 2.3 of the Procedures Resolution, to wit, that the Proposed Project: (a) is
consistent with the CITY's existing General Plan, (b) is compatible with the uses authorized in and the
regulations prescribed for the applicable zoning district, (c) is compatible with the orderly development of
property in the surrounding area and (d) is not otherwise detrimental to the health, safety and general welfare
of the citizens of CITY. Based upon the aforesaid findings, the City Planning Commission recommended
that the City Council approve the Application and this Development Agreement pursuant to Resolution No.
PC
-TU. On , 20, as required by Section 65867 of the Development Agreement Statute and
Section 3.1 of the Procedures Resolution, the City Clerk caused public notice to be given of the City
Council's intention to consider adoption of a development agreement.
UV. On 20, as required by Section 65867 of the Development Agreement Statute and
Section 3.2 of the Procedures Resolution, the City Council held a public hearing on
the Application.
VW. On that date, the City Council after considering an Initial Study conducted pursuant to CEQA
for this Development Agreement, and the requirements of CEQA, including Section 21166 of the California
Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined that FSEIR No.
3329 previously certified by the City Council for the Atta en- ded "°°° - °' P!an implementation of The
Platinum Triangle and related projects, together with the Updated & Modified Mitigation Monitoring Plan
No. 106A for The Platinum Triangle, a -aa a P44ig wr,. i r,,.,.i.. fa 4i a ff f or- tw . P ON ' 8 1 8 pffl n t n gy - 08 . OR
°al together with Mitigation Monitoring Program No. 439 —, are adequate to serve as the
required environmental documentation for this Development Agreement and satisfies all of the requirements
of CEQA, and that no further environmental documentation need be prepared for this Development
Agreement.
WX. On , 20 the City Council found and determined that this Development Agreement:
(i) is consistent with the CITY's existing General Plan; (ii) is not otherwise detrimental to the health, safety
and general welfare of the citizens of CITY; (iii) is entered into pursuant to and constitutes a present exercise
of the CITY's police power; and (iv) is entered into pursuant to and in compliance with the requirements of
Section 65867 of the Development Agreement Statute and the Procedures Resolution.
kY. In preparing and adopting the General Plan and in granting the Development Approvals, CITY
considered the health, safety and general welfare of the residents of CITY and prepared in this regard an
extensive environmental impact report and other studies. Without limiting the generality of the foregoing, in
preparing and adopting the General Plan and in granting the Development Approvals, the City Council
carefully considered and determined the projected needs (taking into consideration the planned development
of the Project and all other areas within the CITY) for water service, sewer service, storm drains, electrical
facilities, traffic /circulation infrastructure, police and fire services, paramedic and similar improvements,
facilities and services within The Platinum Triangle, and the appropriateness of the density and intensity of
the development comprising the Project and the needs of the CITY and surrounding areas for other
infrastructure.
-Y—Z. On , 20 the City Council adopted the Authorizing Ordinance authorizing the
execution of this Development Agreement.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, as
it applies to CITY, and pursuant to the Enabling Ordinance, the Procedures Resolution and the CITY's
inherent powers as a charter city, and pursuant to the mutual promises and covenants herein contained, the
parties hereto agree as follows:
Section 1.
The following words and phrases are used as defined terms throughout this Development Agreement,
and each defined term shall have the meaning set forth below.
1.1 Assessment District "Assessment District" for purposes of this Development Agreement means a
special district, assessment district or benefit area existing pursuant to State law or the charter powers of the
CITY for purposes of financing the cost of public improvements, facilities, services and/or public facilities
fees within a distinct geographic area of the CITY.
1.2 Authorizing Ordinance The "Authorizing Ordinance" means Ordinance No.
approving this Development Agreement.
1.3 CITY The "CITY" means the City of Anaheim, a charter city and municipal corporation, duly
organized and existing under its charter and the Constitution and laws of the State of California.
1.4 Development "Development' means the improvement of the Property for purposes of effecting
the structures, improvements and facilities comprising the Project, including, without limitation: grading, the
construction of infrastructure and public facilities related to the Project whether located within or outside the
Property; the construction of structures and buildings and the installation of landscaping.
1.5 Development Agreement Date The "Development Agreement Date" means the latestr- of (i) the
date of recordation in the office of the County Recorder of this Development Agreement, or a memorandum
thereof, or (ii) the effective date of the Authorizing Ordinance.
1.6 Development Agreement Statute The "Development Agreement Statute" means Sections 65864
through 65869.5 of the California Government Code as it exists on the Development Agreement Date.
1.7 Development Approvals "Development Approvals" means the Final Site Plan and all site
specific plans, maps, permits and other entitlements to use of every kind and nature contemplated by the
Final Site Plan which are approved or granted by CITY in connection with development of the Property,
including, but not limited to: site plans, tentative and final subdivision maps, vesting tentative maps,
variances, conditional use permits and grading, building and other similar permits. To the extent any of such
site specific plans, maps, permits and other entitlements to use are amended from time to time,
"Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended.
If this Development Agreement is required by law to be amended in order for "Development Approvals" to
include any such amendments, 'Development Approvals" shall not include such amendments unless and
until this Development Agreement is so amended.
1.8 Enabling Ordinance The "Enabling Ordinance" means Ordinance No. 4377 enacted by the
CITY on November 23, 1982.
1.9 Existing Land Use Regulations "Existing Land Use Regulations" mean the ordinances and
regulations adopted by the City of Anaheim in effect on the Effective Date, including the adopting
ordinances and regulations that govern the permitted uses of land, the density and intensity of use, and the
design, improvement, construction standards and specifications applicable to the development of the
Property, including, but not limited to, the General Plan, the Zoning Code, The Platinum Triangle Master
Land Use Plan, Mitigation Monitoring Plan No. , Updated and Modified Mitigation Monitoring
Program No 106A , and all other ordinances of the City establishing subdivision standards, park
regulations, impact or development fees and building and improvement standards, but only to the extent the
Zoning Ordinance and such other regulations are not inconsistent with this Development Agreement.
Existing Land Use Regulations do not include non -land use regulations, which includes taxes.
1.10 Final Site Plan The "Final Site Plan" means the Project as described in this Development
Agreement and conditions with respect thereto, as set forth as Exhibit 'B" attached hereto and made a part
hereof by this reference.
1.11 Gross Floor Area/GFA "Gross Floor Area" or "GFA" means the gross floor area of any of the
pPermitted bguildings.
1.12 Interim Development Fees "Interim Development Fees" are the fees imposed within The
Platinum Triangle pending adoption of permanent fee programs by the City as set forth in Paragraph 12.2 of
this Agreement.
1.13 Mortgage "Mortgage" means a mortgage, deed of trust or sale and leaseback arrangement or
other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security.
1.14 Mortgagee "Mortgagee" means the holder of the beneficial interest under a Mortgage, or the
owner of the Property, or interest therein, under a Mortgage.
1.15 Owner "Owner" is , and any person or entity with which or into which
may merge, and any person or entity who may acquire substantially all of the assets of I and
any person or entity who receives any of the rights or obligations of under this Development Agreement in
accordance with the provisions of Section 28 (Assignment) of this Development Agreement.
1.16 Parking Areas The "Parking Areas" means all parking structure(s), and/or all surface parking
servicing the Project.
1.17 Permitted Buildings "Permitted Buildings" includes all buildings
and the Parking Areas as identified in Section 6 of this Development Agreement and as further set forth in
the Final Site Plan. This Development Agreement establishes maximum and minimum characteristics for
each of the Permitted Buildings as set forth in the Final Site Plan.
1.18 Platinum Triangle Area "The Platinum Triangle" means that portion of the City of Anaheim
generally bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west
by the Santa Ana Freeway, and on the north by the Southern California Edison Easement.
1.19 Procedures Resolution The "Procedures Resolution" is Resolution No. 82R -565 adopted by
CITY pursuant to Section 65865 of the Development Agreement Statute.
1.20 Project The "Project" means the development project contemplated by the Development Plan
with respect to the Property, including but not limited to on -site and off -site improvements, as such
development project is further defined, enhanced or modified pursuant to the provisions of this Development
Agreement.
1.21 Property. The "Property" means that certain real property shown and described on Exhibit "A"
to this Development Agreement.
1.22 Support Commercial Uses "Support Commercial Uses" are commercial \retail uses which may
include retail uses, banking or financial offices, food service, restaurants, service establishments and other
similar uses in keeping with the nature of the Project and the required uses needed to support the occupants
of office buildings, other office development, sports and entertainment venues and residential development
in The Platinum Triangle.
1.23 Term. "Term" is defined in Section 2 of this Development Agreement.
Section 2. TERM
2.1 The term (hereinafter called "Term ") of this Development Agreement shall be that period of time
during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall
commence on the Development Agreement Date and shall extend for a period of five (5) years thereafter,
terminating at the end of the day on the fifth anniversary of the Development Agreement Date, subject to the
periodic review and modification or termination provisions defined in Section 25 and Section 27,
respectively, of this Development Agreement, and further subject to a reasonable extension for completion of
the Project in accordance with the Timing of Development schedule set forth in Section 15 of this
Development Agreement.
2.2 This Development Agreement shall terminate and be of no force and effect upon the occurrence
of the entry of a final judgment or issuance of a final order, after all appeals have been exhausted, directed to
CITY as a result of any lawsuit filed against CITY to set aside, withdraw or abrogate the approval of the City
Council of this Development Agreement or if termination occurs pursuant to the provisions of the Procedures
Resolution and such termination is so intended thereby.
2.3 If not already terminated by reason of any other provision in this Development Agreement, or for
any other reason, this Development Agreement shall automatically terminate and be of no further force and
effect upon completion of the Project pursuant to the terms of this Development Agreement and any further
amendments thereto and the issuance of all occupancy permits and acceptance by CITY of all dedications
and improvements as required by the development of the Project.
Section 3. BINDING COVENANTS
The provisions of this Development Agreement to the extent permitted by law shall constitute
covenants which shall run with the Property for the benefit thereof, and the benefits of this Development
Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto.
Section 4. EFFECT OF AGREEMENT
As a material part of the consideration of this Development Agreement, unless otherwise provided
herein, the parties agree that the Existing Land Use Regulations shall be applicable to development of the
Project. In connection with all subsequent discretionary actions by CITY required to implement the Final
Site Plan and any discretionary actions which CITY takes or has the right to take under this Development
Agreement relating to the Project, including any review, approval, renewal, conditional approval or denial,
CITY, shall exercise its discretion or take action in a manner which complies and is consistent with the Final
Site Plan, the Existing Land Use Regulations (as the same may be modified in accordance with this
Development Agreement) and such other standards, terms and conditions expressly contained in this
Development Agreement. CITY shall accept and timely process, in the normal manner for processing such
matters as may then be applicable, all applications for further approvals with respect to the Project called for
or required under this Development Agreement, including, any necessary site plan, tentative map, vesting
tentative map, final map and any grading, construction or other permits filed by OWNER in accordance with
the Development Approvals.
Section 5. PROJECT LAND USES
The Property shall be used for such uses as may be permitted by the Development Approvals and the
Existing Land Use Regulations. The duration of this Development Agreement, the density and intensity of
use, developable GFA, footprint square footage, the maximum height and size of proposed buildings and
structures, lot sizes, set back requirements, zoning, public improvements, and the provisions for reservation
or dedication of land for public purposes shall be those set forth in the Development Approvals, the Existing
Land Use Regulations and this Development Agreement pursuant to Section 65865.2 of the Development
Agreement Statute.
Section 6. PERMITTED BUILDINGS
6.1 Description of Permitted Buildings The Permitted Buildings to be located on the Property shall
be as set forth on the Final Site Plan. The Project shall be constructed substantially in conformance with the
Final Site Plan.
6.2 Parking Areas The Parking Areas shall be constructed so that there will be sufficient parking
spaces available within the Property as depicted and substantially in conformance with the Final Site Plan.
Prior to commencement of construction of the first Permitted Building, OWNER shall restrict the use of the
Parking Areas to, and shall record a covenant against the Property in a form approved by the City Attorney
stating that the use of the Parking Areas shall be limited to tenants, visitors, patrons, invitees and other users
of the permitted building. Said covenant shall also provide that the Parking Areas shall not be used to
provide public parking for patrons of Angel Stadium of Anaheim, The Grove of Anaheim or the Arrowhead
Pond of Anaheim without the prior written approval of the City Traffic and Transportation Manager and the
Executive Director of Convention/Sports and Entertainment, which approval shall be at CITY's sole
discretion.
Section 7. DENSITY OF PERMITTED BUILDINGS
The Permitted Buildings shall be between the minimum and maximum sizes, and shall not exceed the
maximum heights and maximum footprints set forth on the Final Site Plan.
Section 8. ENFORCEMENT
Unless this Development Agreement is terminated or cancelled pursuant to the provisions of this
Development Agreement, this Development Agreement or any amendment hereto, shall be enforceable by
any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning
ordinance, subdivision ordinance or building ordinance adopted by CITY which alters or amends the rules,
regulations or policies of Development of the Project as provided in this Development Agreement pursuant
to Section 65865.4 of the Development Agreement Statute; provided, however, that the limitations of this
Section shall not apply to changes mandated by State or Federal laws or other permissible changes or new
regulations as more particularly set forth in Section 23 of this Development Agreement.
Section 9 PUBLIC IMPROVEMENTS AND SERVICES
In addition to performing any other obligations heretofore imposed as conditions of approval set forth
in Exhibit "C," as material consideration for the CITY's entering into this Development Agreement, OWNER
shall undertake the construction and installation of the following public improvements required to support
the Project and to enhance area -wide traffic circulation and emergency police and fire protection service
within the time periods as set forth below and in conformance with the Existing Land Use Regulations.
CITY shall cooperate with OWNER for the purpose of coordinating all public improvements constructed
under the Development Approvals or this Development Agreement to existing or newly constructed public
improvements, whether located within or outside of the Property. OWNER shall be responsible for and use
good faith efforts to acquire any right(s) -of -way necessary to construct the public facility improvements
required by, or otherwise necessary to comply with the conditions of, this Development Agreement or any
Development Approvals. Should it become necessary due to OWNER's failure or inability to acquire said
right(s) -of -way within four months after OWNER begins its efforts to so acquire said right(s) -of -way, CITY
shall negotiate the purchase of the necessary right(s) -of -way to construct the public improvements as
required by, or otherwise necessary to comply with the conditions of, this Development Agreement and, if
necessary in accordance with the procedures established by State law, and the limitations hereinafter set forth
in this section, CITY may use its powers of eminent domain to condemn said required right(s)-of way.
OWNER agrees to pay for all costs associated with said acquisition and condemnation proceedings. If the
CITY cannot make the proper findings or if for some other reason under the condemnation laws CITY is
prevented from acquiring the necessary right(s) -of -way to enable OWNER to construct the public
improvements required by, or otherwise necessary to comply with the conditions of, this Development
Agreement, then the parties agree to amend this Development Agreement to modify OWNER's obligations
accordingly. Any such required modification shall involve the substitution of other considerations or
obligations by OWNER (of similar value) as are negotiated in good faith between the parties hereto. Nothing
contained in this Section shall be deemed to constitute a determination or resolution of necessity by CITY to
initiate condemnation proceedings.
9.1 Public Park If the Property is eight (8) or more acres OWNER shall be required to dedicate,
improve and maintain a minimum size of 44 square feet for each residential unit for public park purposes as
set forth in the Final Site Plan. The value of the parkland dedication will be credited against overall park in
lieu fees paid for the project. Consistent with existing Code requirements and policies, no credit will be
given for improvements.
9.2 Utilities (Water, Electrical, Gas, Sewer, and Drainage) OWNER shall construct the public
improvements necessary for the provision of requisite water, electrical, gas, sewer and drainage requirements
for Project as more fully set forth in the Development Approvals. OWNER shall construct and relocate
utilities as may be required to provide services to the Permitted Buildings on the Property or that are
displaced by the construction of the Permitted Buildings. As OWNER submits detailed construction plans in
order to obtain building permits for a Permitted Buildings - and/or the size and nature of the Project varies, the
utilities that OWNER will construct or relocate may be revised accordingly by the CITY.
9.2.1 Water Service OWNER will provide engineering studies to size the water mains for ultimate
development within the Project. Said engineering studies will be conducted prior to rendering of water
service or signature approval of the final water improvement plans, whichever occurs first. The studies shall
be subject to the approval of the General Manager, Public Utilities Department or authorized designee. The
water system may be constructed incrementally, provided that said incremental phasing is adequate to
provide municipal demands and fire flow protection for the proposed development phasing. OWNER will
conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which provides for, in part, a fee
based on GFA and the advancement of additional funds to construct the upgraded water facilities. OWNER
shall be entitled to reimbursement in accordance with the terms of Rule 15D for the advancement of
additional funds to construct the upgraded water facilities.
9.2.2 Storm and Sewer Drains. Prior to final building and zoning inspections for each Permitted
Building, OWNER will construct sewers and storm drains to serve the ultimate development of the Property
as provided by areawide engineering studies to be conducted prior to issuance of any building permits for
the first Permitted Building and updated prior to the issuance of any building permits for each subsequent
Permitted Building. All studies shall be subject to the approval of the City Engineer. OWNER will
construct improvements identified in said studies. The systems may be constructed subject to the approval of
the City Engineer incrementally provided that said incremental phasing is adequate to provide capacity for
the proposed development phasing.
9.3 Timing, Phasing and Sequence of Public Improvements and Facilities The timing, phasing and
sequence of the construction of public improvements and facilities or the payment of fees therefor shall be
constructed or paid in accordance with the timing, phasing and sequence set forth in this Development
Agreement and the Final Site Plan
9.4 �4— Traffic Circulation Improvements In order to assist CITY in providing for area -wide
traffic circulation as required by this Project, OWNER shall cause to be made the traffic
circulation improvements identified for the Project including all applicable measures from the
Updated and Modifed Mitigation monitoring Program 106A approved in conjunction with
Subsequent FIR No. 332 as Updated & M fiedA!itigatien Menite-ing Progra N e.
i 06 fi th P r-eje et [or S upp lemental o f � !R Ne. : 1aas applieablej as shown
on the Final Site Plan.
Section 10. REIMBURSEMENT PROVISION
In the event OWNER is required to construct public improvements which are supplemental to the
requirements of the Project for the benefit of other properties, CITY will work with OWNER to establish
mechanisms for proportional reimbursement from owners of the benefitted properties. All costs associated
with establishing said mechanisms shall be paid by OWNER.
Section 11. DEDICATIONS AND EXACTIONS
Prior to issuance of the first building permit for the Project, OWNER shall irrevocably offer for
dedication the rights -of -way, including the public connector streets and Market Street, if applicable, and
other areas as more fully set forth in the Final Site Plan for the uses set forth in the Final Site Plan. These
dedications shall be in fee or as an easement at the discretion of CITY, and upon completion and acceptance
by CITY of the associated improvements in compliance with the specifications as approved by CITY, CITY
shall accept OWNERS offer of dedication. Nothing contained in this Development Agreement, however,
shall be deemed to preclude CITY from exercising the power of eminent domain with respect to the Property
or the Project, or any part thereof.
Section 12. FEES, TAXES, AND ASSESSMENTS
12.1 Fees Taxes and Assessments OWNER shall be responsible for the payment of fees in the
amount and at the times set forth in the Existing Land Use Regulations, as said amounts and timing may be
modified in accordance with this Development Agreement.
12.2 Platinum Triangle Interim Development Fees CITY anticipates that a number of fees will be
adopted to pay the costs attributable to new development in The Platinum Triangle. The Interim
Development Fees constitute amounts estimated by the applicable City Departments to be the approximate
fair share of costs attributable to the Project. If an identified fee has been adopted prior to issuance of the
first building permit for the Project, the OWNER shall pay the fee. If an identified fee has not been adopted
at the time of issuance of said building permit, the OWNER shall pay the applicable Platinum Triangle
Interim Development Fees set forth in attached Exhibit "D." If the OWNER has paid a Platinum Triangle
Interim Development Fee, and upon subsequent adoption of a corresponding fee it is determined that the
OWNER has paid an amount greater than the amount payable pursuant to the adopted fee, the excess amount
paid as an Interim Development Fee shall be refunded to the OWNER. CITY shall not be obligated to adopt
any of the identified fees. If any such identified fee is not adopted, the parties agree that the Interim
Development Fee is adequate to address the impacts of the Project.
12.2.1 Electrical Utilities Undergrounding Fee OWNER will pay an Electrical Utilities
Undergrounding Fee as set forth in Exhibit "D -1."
12.2.2 Fire Facilities Fee OWNER will pay a Fire Facilities Fee as set forth in Exhibit "D -2."
12.2.3 General Plan and Environmental Processing Fee OWNER will pay a processing FEE
attributable to the cost of creating and establishing the Master Land Use Plan and the PTMU Overlay Zone
for The Platinum Triangle, as well as the costs of associated environmental documentation, as said additional
costs are set forth in Exhibit "D -3."
12.2.4 Library Facilities Fee OWNER will pay a Library Facilities Fee as set forth in Exhibit "D-
4 "
12.2.5 Park Fee OWNER will pay the Park Fee as set forth on Exhibit "D -5." and, if the Property is
eight or more acres in size, OWNER will dedicate, develop and maintain a mimpark substantially in
conformance with the Final Site Plan.
12.2.6 Police Facilities Fee OWNER will pay the Police Facilities Fee to defray the costs of capital
facilities and equipment as set forth in Exhibit "D -6."
12.3 Excluded Development Fees Fees Excluded from Existing Land Use Regulations. The
following fees shall not be included among the fees which would otherwise fall within the definition of
Existing Land Use Regulations:
12.3.1 Water Utilities Fees OWNER will pay all applicable fees in accordance with the Water
Utilities Rates, Rules and Regulations in effect at the time of application for service including Rule 15D
which provides for, in part, a fee based on GFA to construct the necessary water facility improvements
within The Platinum Triangle.
12.3.2 Electrical Utilities Fees OWNER will pay all fees in accordance with the Electrical Utilities
Rates, Rules and Regulations in effect at the time of application for service.
12.3.3 City Processing Fees OWNER shall pay all standard City -wide processing fees for building
permits, zoning review, and other similar fees associated with the Development of the Project which are in
existence at the time of approval of this Development Agreement at the rate in existence at the time said fees
are normally required to be paid to CITY.
12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District Prior to the date a
building or grading permit is issued relating to implementation of the Final Site Plan, or within a period of
ninety (90) days from the date of execution of this Development Agreement, whichever occurs first,
OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney's
Office wherein OWNER agrees not to contest the formation of any assessment district(s) which may be
formed to finance Platinum Triangle infrastructure and/or maintenance, which district(s) could include the
Property. The covenant shall not preclude OWNER from contesting (i) the determination of benefit of such
improvements to the Property, (ii) the properties included in said district or area, (iii) the manner in which
said fee is determined or (iv) the manner in which said improvement costs are spread.
12.5 Accounting of Funds CITY will comply with applicable requirements of Government Code
Section 65865 relating to accounting of funds.
e
12.6 Imposition of Increased Fees Taxes or Assessments Except as expressly set forth or reserved in
this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any
additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of
the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by
this Development Agreement, including the Existing Land Use Regulations or the Development Approvals.
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12.3 Excluded Development Fees Fees Excluded from Existing Land Use Regulations. The
following fees shall not be included among the fees which would otherwise fall within the definition of
Existing Land Use Regulations:
12.3.1 Water Utilities Fees OWNER will pay all applicable fees in accordance with the Water
Utilities Rates, Rules and Regulations in effect at the time of application for service including Rule 15D
which provides for, in part, a fee based on GFA to construct the necessary water facility improvements
within The Platinum Triangle.
12.3.2 Electrical Utilities Fees OWNER will pay all fees in accordance with the Electrical Utilities
Rates, Rules and Regulations in effect at the time of application for service.
12.3.3 City Processing Fees OWNER shall pay all standard City -wide processing fees for building
permits, zoning review, and other similar fees associated with the Development of the Project which are in
existence at the time of approval of this Development Agreement at the rate in existence at the time said fees
are normally required to be paid to CITY.
12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District Prior to the date a
building or grading permit is issued relating to implementation of the Final Site Plan, or within a period of
ninety (90) days from the date of execution of this Development Agreement, whichever occurs first,
OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney's
Office wherein OWNER agrees not to contest the formation of any assessment district(s) which may be
formed to finance Platinum Triangle infrastructure and/or maintenance, which district(s) could include the
Property. The covenant shall not preclude OWNER from contesting (i) the determination of benefit of such
improvements to the Property, (ii) the properties included in said district or area, (iii) the manner in which
said fee is determined or (iv) the manner in which said improvement costs are spread.
12.5 Accounting of Funds CITY will comply with applicable requirements of Government Code
Section 65865 relating to accounting of funds.
e
12.6 Imposition of Increased Fees Taxes or Assessments Except as expressly set forth or reserved in
this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any
additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of
the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by
this Development Agreement, including the Existing Land Use Regulations or the Development Approvals.
The rates of such fees, taxes and assessments shall be the rates in existence at the time said fees, taxes and
assessments are normally required to be paid to CITY. Nothing contained herein shall be construed to
prohibit CITY from imposing fees, taxes or assessments on the Property which are unrelated to the
implementation of the project.
Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS.
In consideration for CITY entering into this Development Agreement and other consideration set
forth in this Agreement, OWNER agrees to record unsubordinated covenants, conditions and restrictions
(CC &Rs) applicable to the Property in a form and content satisfactory to the Planning Director and the City
Attorney incorporating the requirements and obligations set forth in Exhibit "E" to this Agreement, entitled
the "Development Requirements and Maintenance Obligations."
Section 14. NEXUS /REASONABLE RELATIONSHIP CHALLENGES
OWNER consents to, and waives any right it may have now or in the future to challenge the legal
validity of the conditions, requirements, policies or programs required by Eexisting Lland Uase Rregulations
or this Agreement including, without limitation, any claim that they constitute an abuse of the police power,
violate substantive due process, deny equal protection of the laws, effect a taking of property without
payment of just compensation, or impose an unlawful tax.
Section 15. TIMING OF DEVELOPMENT
Timing of Development shall be as set forth in the Final Site Plan.
Section 16. EXISTING USES
CITY and OWNER agree that those existing legally established uses on the Property may be retained
until the Project is implemented. When those existing uses are demolished, no credit for any such
demolished square footage for which Interim Development Fees have not been paid will be given OWNER
against Interim Development Fees due on a square footage basis as provided for in this Development
Agreement. OWNER will pay the full Interim Development Fees for Permitted Buildings constructed
pursuant to the Final Site Plan.
Section 17. FUTURE APPROVALS
17.1 Basis for Denying or Conditional Granting Future Approvals Before OWNER can begin
grading on the Property or other development of the Property, OWNER must secure several additional
permits and/or approvals from CITY. The parties agree that to the extent said Development Approvals are
ministerial in nature, CITY shall not, through the enactment or enforcement of any subsequent ordinances,
rules, regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold such approvals
as a means of blocking construction or of imposing conditions on the Project which were not imposed during
an earlier approval period unless CITY has been ordered to do so by a court of competent jurisdiction.
Notwithstanding the previous sentence, CITY and OWNER will use their best efforts to ensure each other
that all applications for and approvals of grading permits, building permits or other developmental approvals
necessary for OWNER to develop the Project in accordance with the Final Site Plan are sought and
processed in a timely manner.
17.2 Standard of Review The rules, regulations and policies that apply to any additional
Development Approvals which OWNER must secure prior to the Development of the Property shall be the
Existing Land Use Regulations, as defined in this Development Agreement.
17.3 Future Amendments to Final Site Plan Future amendments to all or a portion of the Final Site
Plan which increase the intensity or density of the Development of the Property, or change the permitted uses
of the Property, and are not among those described in Section 18.4 of this Development Agreement may
subject the portion or portions of the Project being amended or affected by the amendment to any change in
the CITY's General Plan, zoning designations and rules applicable to the Property and further environmental
review and possible mitigation of adverse impacts under CEQA in effect at the time of such amendment.
Any such amendment to the Final Site Plan shall be processed concurrently with the processing of an
amendment to this Development Agreement. It is the desire and intent of both parties, except as set forth
herein, that any such future amendment of the Final Site Plan will not alter, affect, impair or otherwise
impact the rights, duties and obligations of the parties under this Development Agreement with respect to the
unamended portions of the Final Site Plan.
Section 18. AMENDMENT
18.1 Initiation of Amendment Either party may propose an amendment to this Development
Agreement.
18.2 Procedure Except as set forth in Section 18.4 below, the procedure for proposing and adopting
an amendment to this Development Agreement shall be the same as the procedure required for entering into
this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the
Procedures Resolution.
18.3 Consent Except as provided in Section 25 of this Development Agreement, any amendment to
this Development Agreement shall require the consent of both parties. No amendment of this Development
Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly
authorized representatives of each party hereto.
18.4 Amendments Subject to the foregoing provisions of this Section, the parties acknowledge that
refinements and further development of the Project may demonstrate that changes are appropriate with
respect to the details and performance of the parties under this Development Agreement. The parties desire
to retain a certain degree of flexibility with respect to the details of the Development of the Project and with
respect to those items covered in general terms under this Development Agreement. If and when the parties
fmd that changes or adjustments are necessary or appropriate to further the intended purposes of this
Development Agreement, they may, unless otherwise required by law, effectuate such changes or
adjustments as specified in the Development Approvals.
18.5 Effect of Amendment to Development Agreement The parties agree that except as expressly set
forth in any such amendment, an amendment to this Development Agreement will not alter, affect, impair,
modify, waive or otherwise impact any other rights, duties or obligations of either party under this
Development Agreement.
Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY
19.1 Non - Cancellation of Rights Subject to defeasance pursuant to Sections 25, 26 or 27 of this
Development Agreement, the Final Site Plan and other Development Approvals as provided for in this
Development Agreement shall be final and the rights once granted thereby shall be vested in the Property
upon recordation of this Development Agreement.
Section 20. BENEFITS TO CITY
The direct and indirect benefits CITY (including, without limitation, the existing and future
anticipated residents of CITY) expects to receive pursuant to this Development Agreement include, but are
not limited to, the following:
The participation of OWNER in the accelerated, coordinated and more economic
construction, funding and dedication to the public, as provided in this Development Agreement, of certain of
the vitally needed on -site and area -wide public improvements and facilities, and assurances that the entire
Project will be developed as set forth in the Final Site Plan and this Development Agreement in order to
encourage development of The Platinum Triangle; and
The considerations set forth in Sections 9 and 10 of this Development Agreement.
Section 21. BENEFITS TO OWNER
OWNER has expended and will continue to expend large amounts of time and money on the planning
and infrastructure construction for the Project. OWNER asserts that OWNER would not make any
additional expenditures, or the advanced expenditures required by this Development Agreement, without this
Development Agreement and that any additional expenditures which OWNER makes after the Development
Agreement Date will be made in reliance upon this Development Agreement. Without limiting the
generality of the foregoing, this Development Agreement provides for the completion of public
improvements and facilities prior to the time when they would be justified economically in connection with
the phasing of the Project, and of a size which would be justified only by the magnitude of the Project
provided for by the Final Site Plan and this Development Agreement. The benefit to OWNER under this
Development Agreement consists of the assurance that OWNER will preserve the right to develop the
Property as planned and as set forth in the Final Site Plan and this Development Agreement. The parties
acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Development
Agreement are in consideration for and reliance upon assurances that the Property can be developed in
accordance with the Final Site Plan and this Development Agreement.
Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED
BY DEVELOPMENT AGREEMENT STATUTE.
The mutual undertakings and assurances described above and provided for in this Development
Agreement are for the benefit of CITY and OWNER and promote the comprehensive planning, private and
public cooperation and participation in the provision of public facilities, and the effective and efficient
development of infrastructure and facilities supporting development which was contemplated and promoted
by the Development Agreement Statute. CITY agrees that it will not take any actions which are intended to
circumvent this Development Agreement; provided, however, that any action of the electorate shall not be
deemed an action for purposes of this section.
Section 23. RESERVED AUTHORITY
23.1 State and Federal Laws and Regulations In the event that the State or Federal laws or
regulations enacted after this Development Agreement has been entered into, prevent or preclude compliance
with one or more provisions of the Development Agreement, such provisions of the Development Agreement
shall be modified or suspended as may be necessary to comply with such State or Federal laws or
regulations, provided, however, that this Development Agreement shall remain in full force and effect to the
extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not
render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not
adopt or undertake any rule, regulation or policy which is inconsistent with this Development Agreement
until CITY makes a finding that such rule, regulation or policy is reasonably necessary to comply with such
State and Federal laws or regulations.
23.2. Ua g Model Codes This Development Agreement shall not prevent CITY from applying
new rules, regulations and policies contained in model codes, including, but not limited to, the Anaheim
Building Code as adopted in Title 15, Section 15.02.
23.3 Public Health and Safety This Development Agreement shall not prevent CITY from adopting
new rules, regulations and policies, including amendments or modifications to model codes described in
Section 23.2 of this Development Agreement which directly result from findings by CITY that failure to
adopt such rules, regulations or policies would result in a condition injurious or detrimental to the public
health and safety. Notwithstanding the foregoing, CITY shall not adopt any such rules, regulations or
policies which prevent or preclude compliance with one or more provisions of this Development Agreement
until CITY makes a finding that such rules, regulations or policies are reasonably necessary to correct or
avoid such injurious or detrimental condition.
Section 24. CANCELLATION
24.1 Initiation of Cancellation Either party may propose cancellation of this Development
Agreement.
24.2 Procedure The procedure for proposing a cancellation of and cancelling this Development
Agreement shall be the same as the procedure required for entering into this Development Agreement in the
first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution and Section
65868 of the Government Code.
24.3 Consent of - Pa#ieaOWNER and CITY Any cancellation of this Development Agreement
shall require the mutual consent ofhetli pa#ie* and CITY
Section 25. PERIODIC REVIEW
25.1 Time for Review CITY shall, at least every twelve (12) months after the Development
Agreement Date, review the extent of good faith compliance by OWNER with the terms of this Development
Agreement. OWNERS failure to comply with the timing schedules set forth in the Final Site Plan shall
constitute rebuttable evidence of OWNERS lack of good faith compliance with this Development
Agreement. Such periodic review shall determine compliance with the terms of this Development
Agreement pursuant to California Government Code Section 65865.1 and other successor laws and
regulations.
25.2 OWNERS Submission Each year, not less than forty -five (45) days nor more than sixty (60)
days prior to the anniversary of the Development Agreement Date, OWNER shall submit evidence to the
City Council of its good faith compliance with the terms and conditions of this Development Agreement.
OWNER shall notify the City Council in writing that such evidence is being submitted to CITY pursuant to
the requirements of Section 6.2 of the Procedures Resolution. OWNER shall pay to CITY a reasonable
processing fee in an amount as CITY may reasonably establish from time to time on each occasion that
OWNER submits its evidence for a periodic review.
25.3 Findings Within forty -five (45) days after the submission of OWNERS evidence, the City
Council shall determine, on the basis of substantial evidence, whether or not OWNER has, for the period
under review, complied in good faith with the terms and conditions of this Development Agreement. If the
City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If
the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied
in good faith with the terms and conditions of this Development Agreement for the period under review,
OWNER shall be given at least sixty (60) days to cure such non - compliance and if the actions required to
cure such non - compliance take more than sixty (60) days, then CITY shall give OWNER additional time
provided that OWNER is making reasonable progress towards such end. If during the cure period, OWNER
fails to cure such noncompliance or is not making reasonable good faith progress towards such end, then the
City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish
a time schedule for compliance in accordance with the procedures set forth in Section 27 of this
Development Agreement.
25.4 Initiation of Review by City Council In addition to the periodic review set forth in this
Development Agreement, the City Council may at any time initiate a review of this Development Agreement
upon the giving of written notice thereof to OWNER. Within thirty (30) days following receipt of such
notice, OWNER shall submit evidence to the City Council of OWNERS good faith compliance with this
Development Agreement and such review and determination shall proceed in the manner as otherwise
provided in this Development Agreement.
Section 26. EVENTS OF DEFAULT
26.1 Defaults by OWNER Within forty -five (45) days after the submission of OWNERS evidence,
the City Council shall determine on the basis of substantial evidence, whether or not OWNER has, for the
period under review, complied in good faith with the terms and conditions of this Development Agreement.
If the City Council finds that OWNER has so complied, the review for that period shall be deemed
concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has
not complied in good faith with the terms and conditions of this Development Agreement for the period
under review, OWNER shall be given at least sixty (60) days to cure such non - compliance and if the actions
required to cure such non - compliance take more than sixty (60) days, then CITY shall give OWNER
additional time provided that OWNER is making reasonable progress towards such end. If during the cure
period OWNER fails to cure such non - compliance or is not making reasonable progress towards such end,
then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or
establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this
Development Agreement.
26.2 Specific Performance Remedy Due to the size, nature and scope of the Project, it will not be
practical or possible to restore the Property to its pre - existing condition once implementation of this
Development Agreement has begun. After such implementation, OWNER may be foreclosed from other
choices it may have had to utilize the Property and provide for other benefits. OWNER has invested
significant time and resources and performed extensive planning and processing of the Project in agreeing to
the terms of this Development Agreement and will be investing even more significant time in implementing
the Project in reliance upon the terms of this Development Agreement, and it is not possible to determine
sum of the money which would adequately compensate OWNER for such efforts. For the above reasons,
CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its
obligations under this Development Agreement. Therefore, specific performance of this Development
Agreement is the only remedy which would compensate OWNER if CITY fails to carry out its obligations
under this Development Agreement, and CITY hereby agrees that OWNER shall be entitled to specific
performance in the event of a default by CITY hereunder. CITY and OWNER acknowledge that, if OWNER
fails to carry out its obligations under this Development Agreement, CITY shall have the right to refuse to
issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this
Development Agreement. If CITY issues a permit or other approval pursuant to this Development
Agreement in reliance upon a specified condition being satisfied by OWNER in the future, and if OWNER
then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of
causing OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to
those circumstances set forth above, and CITY shall have no right to seek specific performance to cause
OWNER to otherwise proceed with the Development of the Project in any manner.
26.3 Liquidated Damages Remedy The parties hereto agree that this Development Agreement
creates an obligation and duty upon OWNER to undertake and complete development of the Project within
the time and manner specified herein. In the event OWNER breaches this Development Agreement by
failing to undertake and complete development of the Project within the time and manner specified herein,
the parties farther agree that CITY will suffer actual damages as a result thereof, the amount of which is
uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in
the event of any such breach by OWNER, the sum of One Hundred Thousand Dollars
($ -100 000.00 -) as liquidated and actual damages which sum shall be in addition to any other remedies
available to CITY as a result of such breach pursuant to this Section 26.
Section 27. MODIFICATION OR TERMINATION
If pursuant to Section 26.1 of this Development Agreement, CITY elects to modify or terminate this
Development Agreement or establish a revised time schedule for compliance as herein provided, then CITY
shall proceed as set forth in this Section.
27.1 Notice to OWNER CITY shall give notice to OWNER of City Council's intention to proceed
to modify or terminate this Development Agreement or establish a time schedule for compliance within ten
(10) days of making the CITY'S findings.
27.2 Public Hearing The City Council shall set and give notice of a public hearing on modification,
termination or a time schedule for compliance to be held within forty -days after the City Council gives notice
to OWNER.
27.3 Decision The City Council shall announce its findings and decisions on whether this
Development Agreement is to be terminated, how this Development Agreement is to be modified or the
provisions of the Development Agreement with which OWNER must comply and a time schedule therefor
not than ten (10) days following completion of the public hearing.
27.4 Implementation Mg-Amending or terminating this Development Agreement shall be
accomplished by CITY enacting an ordinance. The ordinance shall recite the reasons which, in the opinion
of the CITY, make the medifieation amendment or termination of this Development Agreement necessary.
Not later then ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to
OWNER. This Development Agreement shall be terminated or this Development Agreement as modified
shall become effective on the effective date of the ordinance terminating or modifying this Development
Agreement.
27.5 Schedule for Compliance Setting a reasonable time schedule for compliance with this
Development Agreement may be accomplished by CITY enacting a resolution. The resolution shall recite
the reasons which, in the opinion of CITY, make it advisable to set a schedule for compliance and why the
time schedule is reasonable. Not later than ten (10) days following adoption of the resolution, one copy
thereof shall be forwarded to OWNER. Compliance with any time schedule so established as an alternative
to medi€ieat-ion amendment or termination shall be subject to periodic review as provided in this
Development Agreement and lack of good faith compliance by OWNER with the time schedule shall be
basis for termination or modification of this Development Agreement.
Section 28. ASSIGNMENT
28.1 Right to Assign OWNER shall have the right to sell, mortgage, hypothecate, assign or transfer
this Development Agreement, and any and all of its rights, duties and obligations hereunder, to any person,
partnership, joint venture, firm or corporation at any time during the term of this Development Agreement,
provided that any such sale, mortgage, hypothecation, assignment or transfer must be pursuant to a sale,
assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of
any such sale, mortgage, hypothecation, assignment or transfer, (a) OWNER shall notify CITY of such event
and the name of the transferee, together with the corresponding entitlements being transferred to such
transferee and (b) the agreement between OWNER and such transferee shall provide that either OWNER or
the transferee or both shall be liable for the performance of all obligations of OWNER pursuant to this
Development Agreement and the Development Approvals. Such transferee and /or OWNER shall notify
CITY in writing which entity shall be liable for the performance of such obligations, and upon the express
written assumption of any or all of the obligations of OWNER under this Development Agreement by such
assignee, transferee or purchaser shall, without any act of or concurrence by CITY, relieve OWNER of its
legal duty to perform said obligations under this Development Agreement with respect to the Property or
portion thereof, so transferred, except to the extent OWNER is not in default under the terms of this
Development Agreement.
28.2 Release Upon Transfer It is understood and agreed by the parties that the Property may be
subdivided following the Development Agreement Date. One or more of such subdivided parcels may be
sold, mortgaged, hypothecated, assigned or transferred to persons for development by them in accordance
with the provisions of this Development Agreement. Effective upon such sale, mortgage, hypothecation,
assignment or transfer, the obligations of OWNER shall become several and not joint, except as to
OWNER's obligations set forth in Section 10 of this Development Agreement. Upon the sale, transfer, or
assignment of OWNERS rights and interests under this Development Agreement as permitted pursuant to the
Section 28.1 above, OWNER shall be released from its obligations under this Development Agreement with
respect to the Property, or portion thereof so transferred, provided that (a) OWNER is not then in default
under this Development Agreement, (b) OWNER has provided to CITY the notice of such transfer specified
in Section 28.1 above, (c) the transferee executes and delivers to CITY a written agreement in which (i) the
name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes
all the obligations of OWNER under this Development Agreement and the Development Approvals with
respect to the property, or portion thereof, so transferred and (d) the transferee provides CITY with security
equivalent to any security provided by OWNER to secure performance of its obligations under this
Development Agreement or the Development Approvals. Non - compliance by any such transferee with the
terms and conditions of this Development Agreement shall not be deemed a default hereunder or grounds for
termination hereof or constitute cause for CITY to initiate enforcement action against other persons then
owning or holding interest in the Property or any portion thereof and not themselves in default hereunder.
Upon completion of any phase of development of the Project as determined by CITY, CITY may release that
completed phase from any further obligations under this Development Agreement. The provisions of this
Section shall be self - executing and shall not require the execution or recordation of any further document or
instrument. Any and all successors, assigns and transferees of OWNER shall have all of the same rights,
benefits and obligations of OWNER as used in this Development Agreement and the term "OWNER" as
used in this Development Agreement shall refer to any such successors, assigns and transferees unless
expressly provided herein to the contrary.
Section 29. NO CONFLICTING ENACTMENTS
By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested
rights to proceed with the Project in accordance with the terms and conditions of this Development
Agreement, and in accordance with, and to the extent of, the Development Approvals. By entering into this
Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the
public health, safety and general welfare. CITY therefore agrees that except as provided in Section 23 of this
Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule,
regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or
construction of all or any part of the Project and which is inconsistent or in conflict with this Development
Agreement.
Section 30. GENERAL
30.1 Force Maieure The Term of this Development Agreement and the time within which OWNER
shall be required to perform any act under this Development Agreement shall be extended by a period of
time equal to the number of days during which performance of such act is delayed unavoidably by strikes,
lock -outs, Acts of God, failure or inability to secure materials or labor by reason of priority or similar
regulations or order of any governmental or regulatory body, initiative or referenda, moratoria, enemy action,
civil disturbances, fire, unavoidable casualties, or any other cause beyond the reasonable control of OWNER.
30.2 Construction of Development Agreement The language in all parts of this Development
Agreement shall in all cases, be construed as a whole and in accordance with its fair meaning. The captions
of the paragraphs and subparagraphs of this Development Agreement are for convenience only and shall not
be considered or referred to in resolving questions of constructions. This Development Agreement shall be
governed by the laws of the State of California. The parties understand and agree that this Development
Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to
contract away the legislative and governmental functions of CITY, and in particular, the CITY's police
powers. In this regard, the parties understand and agree that this Development Agreement shall not be
deemed to constitute the surrender or abnegation of the CITY's governmental powers over the Property.
30.3 Severability If any provision of this Development Agreement shall be adjudged to be invalid,
void or unenforceable, such provision shall in no way affect, impair or invalidate any other provision hereof,
unless such judgment affects a material part of this Development Agreement, the parties hereby agree that
they would have entered into the remaining portions of this Development Agreement not adjudged to be
invalid, void or illegal. In the event that all or any portion of this Development Agreement is found to be
unenforceable, this Development Agreement or that portion which is found to be unenforceable shall be
deemed to be a statement of intention by the parties; and the parties further agree that in such event they shall
take all steps necessary to comply with such public hearings and/or notice requirements as may be necessary
in order to make valid this Development Agreement or that portion which is found to be unenforceable.
Notwithstanding any other provisions of this Development Agreement, in the event that any material
provision of this Development Agreement is found to be unenforceable, void or voidable, OWNER or CITY
may terminate this Development Agreement in accordance with the provisions of the Development
Agreement Statute and the Procedures Resolution.
30.4 Cumulative Remedies In addition to any other rights or remedies, either party may institute
legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin
any threatened or attempted violation, including suits for declaratory relief, specific performance, relief in
the nature of mandamus and actions for damages. All of the remedies described above shall be cumulative
and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a
waiver or election with respect to any other available remedy.
30.5 Hold Harmless Agreement OWNER and CITY hereby mutually agree to, and shall hold each
other, each other's elective and appointive councils, boards, commissions, officers, partners, agents,
representatives and employees harmless from any liability for damage or claims for damage for personal
injury, including death, and from claims for property damage which may arise from the activities of the
other's or the other's contractors', subcontractors', agents', or employees' which relate to the Project whether
such activities be by OWNER or CITY, or by any of the OWNER'S or the CITY's contractors,
subcontractors, or by any one or more persons indirectly employed by, or acting as agent for OWNER any of
the OWNER's or the CITY's contractors or subcontractors. OWNER and CITY agree to and shall defend the
other and the other's elective and appointive councils, boards, commissioners, officers, partners, agents,
representatives and employees from any suits or actions at law or in equity for damage caused or alleged to
have been caused by reason of the aforementioned activities which relate to the Project.
30.6 Cooperation in the Event of Legal Challenge In the event of any legal action instituted by a
third party or other governmental entity or official challenging the validity of any provision of this
Development Agreement and /or the Development Approvals, the parties hereby agree to cooperate fully with
each other in defending said action and the validity of each provision of this Development Agreement,
however, OWNER shall be liable for all legal expenses and costs incurred in defending any such action.
OWNER shall be entitled to choose legal counsel to defend against any such legal action and shall pay any
attorneys' fees awarded against CITY or OWNER, or both, resulting from any such legal action. OWNER
shall be entitled to any award of attorneys' fees arising out of any such legal action.
30.7 Public Agency Coordination CITY and OWNER shall cooperate and use their respective
best efforts in coordinating the implementation of the Development Approvals with other public agencies, if
any, having jurisdiction over the Property or the Project.
30.8 Initiative Measures Both CITY and OWNER intend that this Development Agreement is a
legally binding contract which will supersede any initiative, measure, moratorium, referendum, statute,
ordinance or other limitation (whether relating to the rate, timing or sequencing of the Development or
construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel
or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or
other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, and which
Agreement shall apply to the Project to the extent such initiative, measure, moratorium, referendum, statute,
ordinance or other limitation is inconsistent or in conflict with this Development Agreement. Should an
initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be enacted by the citizens
of CITY which would preclude construction of all or any part of the Project, and to the extent such initiative,
measure, moratorium, referendum, statute, ordinance or other limitation be determined by a court of
competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, OWNER
shall have no recourse against CITY pursuant to the Development Agreement, but shall retain all other
rights, claims and causes of action under this Development Agreement not so invalidated and any and all
other rights, claims and causes of action as law or in equity which OWNER may have independent of this
Development Agreement with respect to the project. The foregoing shall not be deemed to limit OWNER's
right to appeal any such determination that such initiative, measure, referendum, statute, ordinance or other
limitation invalidates or prevails over all or any part of this Development Agreement. CITY agrees to
cooperate with OWNER in all reasonable manners in order to keep this Development Agreement in full force
and effect, provided OWNER shall reimburse CITY for its out -of- pocket expenses incurred directly in
connection with such cooperation and CITY shall not be obligated to institute a lawsuit or other court
proceedings in this connection.
30.9 Attorneys' Fees In the event of any dispute between the parties involving the covenants or
conditions contained in this Development Agreement, the prevailing party shall be entitled to recover
reasonable expenses, attorneys fees and costs.
30.10 No Waiver No delay or omission by either party in exercising any right or power accruing
upon non - compliance or failure to perform by the other party under any of the provisions of this
Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either party of any of the covenants or conditions to be performed by the other party shall not be
construed as a waiver of any succeeding breach of non - performance of the same or other covenants and
conditions hereof.
30.11 Authority to Execute The person executing this Development Agreement on behalf of
OWNER warrants and represents that he /she has the authority to execute this Development Agreement on
behalf of his/her partnership and represents that he /she has the authority to bind OWNER to the performance
of OWNERS obligations hereunder.
30.12 Notice
30.12.1 To OWNER Any notice required or permitted to be given by CITY to OWNER under or
pursuant to this Development Agreement shall be deemed sufficiently given if in writing and delivered
personally to an officer of OWNER or mailed with postage thereon fully prepaid, registered or certified mail,
return receipt requested, addressed; to OWNER as follows:
Attention:
or such changed address as OWNER shall designate in writing to
CITY.
30.12.2 To CITY Any notice required or permitted to be given to CITY under or pursuant to
this Development Agreement shall be made and given in writing, if by mail addressed to:
City Council
City of Anaheim
c/o City Clerk
P.O. Box 3222
Anaheim, California 92803
or such changed address as CITY shall designate in writing to OWNER:
With copies to:
City Manager
City of Anaheim
P.O. Box 3222
Anaheim, California 92803
City Attorney
City of Anaheim
P.O. Box 3222
Anaheim, California 92803
and if personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S. Anaheim. Blvd., Anaheim,
California, together with copies marked for the City Manager and the City Attorney or, if so addressed and
mailed, with postage thereon fully prepaid, registered or certified mail, return receipt requested, to the City
Council in care of the City Clerk at the above address with copies likewise so mailed to the City Manager
and the City Attorney, respectively and also in care of the City Clerk at the same address. The provisions of
this Section shall be deemed permissive only and shall not detract from the validity of any notice given in a
manner which would be legally effective in the absence of this Section.
30.13 Captions The captions of the paragraphs and subparagraphs of this Development Agreement
are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify
or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement.
30.14 Consent Any consent required by the parries in carrying out the terms of this Development
agreement shall not unreasonably be withheld.
30.15 Further Actions and Instruments Each of the parties shall cooperate with and provide
reasonable to the other to the extent contemplated hereunder in the performance of all obligations under this
Development Agreement and the satisfaction of the conditions of this Development Agreement. Upon the
request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit
if reasonably required, and file or record such required instruments and writings and take any actions as may
be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill
the provisions of this Development Agreement or to evidence or consummate the transactions contemplated
by this Development Agreement.
30.16 Subsequent Amendment to Authorizing Statute This Development Agreement has been
entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the
Development Agreement Date. Accordingly, subject to Section 23.1 above, to the extent that subsequent
amendments to the Government Code would affect the provisions of this Development Agreement, such
amendments shall not be applicable to this Development Agreement unless necessary for this Development
Agreement to be enforceable or unless this Development Agreement is modified pursuant to the provisions
set forth in this Development Agreement and Government Code Section 65868 as in effect on the
Development Agreement Date.
30.17 Governing Law This Development Agreement, including, without limitation, its existence,
validity, construction and operation, and the rights of each of the parties shall be determined in accordance
with the laws of the State of California.
30.18 Effect on Title OWNER and CITY agree that this Development Agreement shall not continue
as an encumbrance against any portion of the Property as to which this Development Agreement has
terminated.
30.19 Mortgagee Protection Entering into or a breach of this Development Agreement shall not
defeat, render invalid, diminish, or impair the lien of Mortgagees having a mortgage on any portion of the
Property made in good faith and for value, unless otherwise required by law. No Mortgagee shall have an
obligation or duty under this Development Agreement to perform OWNER'S obligations, or to guarantee
such performance prior to any foreclosure or deed in lieu thereof.
30.20 Notice of Default to Mortgagee, Right of Mortgagee to
Cure. If the City Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default
given to OWNER under the terms of this Development Agreement, CITY shall provide a copy of that notice
to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall
have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from
CITY to cure or remedy, or to commence to cure or remedy the default unless a further extension of time to
cure is granted in writing by CITY. If the default is of a nature which can only be remedied or cured by such
Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and
continually through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or
non - compliance within thirty (30) days after obtaining possession. If any such default or non - compliance
cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall
have such additional time as may be reasonably necessary to remedy or cure such default or non - compliance
if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and
completes such cure.
30.21 Bankruptcy Notwithstanding the foregoing provisions of Section 30.20 of this Development
Agreement, if any Mortgagee is prohibited from commencing or pursues and prosecuting foreclosure or
other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by
reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving
CITY, the times specified in this Section for commencing or prosecuting foreclosure or other proceedings
shall be extended for the period of the prohibition.
30.22 Disaffirmance
30.22.1 CITY agrees that in the event of termination of this Agreement by reason of any default by
CITY, or by reason of the disaffirmance hereof by a receiver, liquidator or trustee for OWNER or its
property, CITY, if requested by any Mortgagee, shall enter into a new Development Agreement for the
Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term,
effective as of the date of such termination, upon the terms, provisions, covenants and agreements as herein
contained to the extent and subject to the law then in effect, and subject to the rights, if any, of any parties
then in possession of any part of the Property, provided:
30.22.2 The Mortgagee shall make written request upon CITY for the new Development Agreement
for the Project within thirty (30) days after the date of termination;
30.22.3 The Mortgagee shall pay to CITY at the time of the execution and delivery of the new
Development Agreement for the Project expenses, including reasonable attorneys' fees, to which CITY shall
have been subjected by reason of OWNER's default; and
30.22.4 The Mortgagee shall perform and observe all covenants herein contained on OWNER's part
to be performed, and shall further remedy any other conditions which OWNER under the terminated
agreement was obligated to perform under its terms, to the extent the same are curable or may be performed
by the Mortgagee.
30.22.5 Nothing herein contained shall require any Mortgagee to enter into a new agreement pursuant
to Section 30.22.1 above, nor to cure any default of OWNER referred to above.
300.23 No Third Party Beneficiaries This Development Agreement and all provisions hereof is
made and entered into for the sole protection and benefit of CITY, OWNER and their successors and assigns.
No other person shall have right of action based upon any provision in this Development Agreement.
30.24 Proiect as a Private Undertaking It is specifically understood and agreed by and between the
parties hereto that the Project is a private development, that neither party is acting as the agent of the other in
any respect hereunder, and that each party is an independent contracting entity with respect to the terms,
covenants and conditions contained in this Development Agreement. No partnership, join venture or other
association of any kind is formed by this Development Agreement. The only relationship between CITY and
OWNER is that of a government entity regulating the development of private property and the owner of such
private property.
30.25 Restrictions Property OWNER shall place in any agreements to sell or convey any interest in
the Property or any portion thereof, provisions making the terms of this Development Agreement binding on
any successors in interest of OWNER and express provision for OWNER or CITY, acting separately or
jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for
such enforcement.
30.26 Recitals The recitals in this Development Agreement constitute part of this Development
Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement
to enter into this Development Agreement.
30.27 Recording The City Clerk shall cause a copy of this Development Agreement to be executed
by CITY and recorded in the Official Records of Orange County no later than ten (10) days after CITY
approves this Development Agreement.
30.28 Title Report CITY is required to sign this Development Agreement only after OWNER has
provided CITY with a satisfactory preliminary title report evidencing and showing OWNER'S legal and
equitable ownership interest in the Property, current within six (6) months, unencumbered except for the
exceptions (hereinafter the "Permitted Exceptions ") set in the preliminary title report for the Property dated
, attached hereto as Exhibit "E" (the "Preliminary Title Report"). Any instrument of monetary encumbrance
such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and
prior to the Development Agreement Date, shall contain language expressly subordinating such instruments
of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present
evidence, satisfactory to CITY, of OWNER'S legal title to Property, subject only to the Permitted Exceptions
and any such subordinated instruments of monetary encumbrance, at the time of recordation of this
Agreement, or a memorandum thereof.
30.29 Entire Agreement This Development Agreement, constitutes the entire agreement between
the parties with respect to the subject matter of this Development Agreement, and this Development
Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no
parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof.
30.30 Successors and Assigns The burdens of the Development Agreement shall be binding upon,
and the benefits of the Development Agreement inure to all successors in interest and assigns of the parties
to the Development Agreement.
30.31 OWNER's Title of Property Neither party hereto shall be bound by any provision of this
Agreement unless and until OWNER shall record this Development Agreement or a memorandum thereof, in
the office of the County Recorder of the County sufficient to cause this Agreement and the obligations
contained herein to attach to and encumber OWNER'S fee title to Property.
30.32 Exhibits All exhibits, including attachments thereto, are incorporated in this Development
Agreement in their entirety by this reference.
IN WITNESS WHEREOF, CITY and OWNER have executed this Development Agreement as of the
date and year first above written.
"CITY'
CITY OF ANAHEIM, a
municipal corporation
By:
Mayor
ATTEST:
SHERYLLSCHROEDER
City Clerk
APPROVED AS TO FORM:
JACK L. WHITE,
City Attorney
fY�]L9NI�lM
By: _
Title:
54141.2/smann.7/28/04/lgm
STATE OF CALIFORNIA )
)ss:
COUNTY OF ORANGE )
On this _ day of , 20_, be undersigned, a Notary Public for the State of California duly
commissioned and sworn, personally appeared personally known to me or proved to me
on the basis of satisfactory evidence, to be the person who executed the within instrument as Mayor of the
City of Anaheim, the municipal corporation executing the within instrument, and acknowledged to me that
the corporation executed it.
WITNESS my hand and official seal.
[SEAL]
STATE OF
COUNTY OF
)ss.
On 20 before me, the undersigned, a Notary Public in and for said State, personally
appeared personally known to me or proved to me on the basis of satisfactory evidence
to be the person who executed the within instrument as on behalf of
the corporation therein named that executed the within instrument, and acknowledged to me that such
corporation executed the same.
WITNESS my hand and official seal.
[SEAL]
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On this _ day of , 20 BEFORE ME, TUIE Undersigned, A Notary Public for the State of
California, duly commissioned and swom, personally appeared SBERYLL SCUIROEDER, personally known
to me or proved to me on the basis of satisfactory evidence, to be the person who executed the within
instrument as City Clerk of the City of Anaheim, the municipal corporation executing the within instrument,
and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary Public
EXHIBIT "A"
LEGAL DESCRIPTION OF TFIE PROPERTY
EXHIBIT `B"
FINAL SITE PLAN
EXHIBIT "C"
CONDITIONS OF APPROVAL
EXHIBIT "D"
PLATINUM TRIANGLE INTERIM DEVELOPMENT FEES
EXHIBIT "D -1"
ELECTRIC UTILITIES UNDERGROUNDING FEE
Residential Uses
$11.42 per unit
The Anaheim Master Land Use Plan and the Underground Conversion Program envision that the
public utilities along Katella Avenue, between the State College Boulevard and Anaheim Way will need to
be undergrounded. The City -owned facilities will be undergrounded using City funds, pursuant to the Rule
No. 20 of the City of Anaheim Rates, Rules & Regulations
Some of the facilities along Katella Avenue are owned by Southern California Edison (SCE).
Moneys available to underground City -owned facilities may not be used to underground SCE facilities. The
interim fee will collect the funds necessary to underground the SCE lines, and thereby significantly improve
the appearance of The Platinum Triangle.
The cost to underground the SCE lines is estimated at $104, 775. These funds will collected by
imposing an interim fee on the Mixed -used residential units planned in The Platinum Triangle.
The formula for calculating the fee is the following:
Cost to Underground SCE lines = Per -Unit Fee
Number of mixed -use residential units
The Per -Unit fee is calculated at:
$104,775 = $11.42 per Unit
9,175 Units
EXHIBIT "D -2"
FIRE FACILITIES FEE
Residential Uses
$350.00 per unit
Commercial/Office Uses $ 0.20 per square foot
The purpose of establishing a Fire Protection Fee is to finance improvements and additions to
facilities and equipment to support fire protection and paramedic services made necessary by new
development and expansion of and additions to existing development within The Platinum Triangle.
Development will generate additional need for protection and paramedic services in The Platinum Triangle.
There is a need in The Platinum Triangle for expansion of fire protection and paramedic services and
for new and expanded development to contribute its fair share towards the costs of additional and improved
facilities and equipment.
There is a reasonable relationship between the need for the described fire protection and paramedic
facilities and equipment and the impacts of the types of development proposed for The Platinum Triangle, for
which the corresponding Fire Protection Fee described above is charged. There is also a reasonable
relationship between the use of the fee and the type of development for which the fee is charged, in that these
fire protection and paramedic facilities and equipment provide support for fire protection and paramedic
services and accommodate additional demand generated by development.
The cost estimates set forth below are reasonable cost estimates for adding to fire protection and
paramedic facilities and equipment in The Platinum Triangle. The Fire Protection Fees collected pursuant to
this agreement shall be used to finance only the additional facilities described, which additional facilities are
needed to augment existing fire protection and paramedic facilities and equipment serving The Platinum
Triangle, to offset the impacts of new development and expansion of and additions to existing development
within The Platinum Triangle.
FIRE FACILITIES AND EQUIPMENT
Fire truck company with equipment $1,000,000
Fire engine company with equipment $ 750,000
Fire station $3,500,000
TOTAL $5,250,000
EXHIBIT "D -3"
GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE
Residential Uses: $
Commercial /Office Uses: $0.0
foot
The General Plan and Environmental Processing Fee is based on the following:
per unit
per square
Intent: Recover partial costs incurred to develop the Mixed -Use Overlay designation for the Platinum
Triangle, including the preparation of the Environmental Impact Report
Contract Costs Incurred: FIR $146,000
SEIR $164,730
$310,730
New Development Allowed in Platinum Triangle:
7,254,3 907-, 044,300 sq.ft. of non - residential uses
7,600,000 sq. ft of residential use 9,175 resideatiE4 tinits assume average unit size of 800
sq.ft.)
9,500 residential units x 800 sq. ft = 7,600,000)
7,25044,300 +
7,600340,000
14,83554,300 total square feet
$44(310,73000/14,83.854,300 = $.0Q per square foot
7,60340,000 x $.024- _ $33152,0400
$15273,0400/94-7500 = $916 per dwelling unit
Planning Entitlement Fee
EXHIBIT "D -4
LIBRARY FEES
Residential Uses
$1494.733 per unit
The amount of the Library fee is based upon the current fee structure for East Santa Ana Canyon residential
development for single family residential uses. The 2004 fee for such residential uses is $317.67, based upon
an estimated 3.3 persons per dwelling. Using an estimate of 1.5 persons per unit in The Platinum Triangle,
the proposed interim developer fee for The Platinum Triangle is $1449.733 per unit.
EXHIBIT "D -5"
PLATINUM TRIANGLE PARK FEES
Residential Uses $7055.74 per unit
Park fees are established by implementing various values identified for The Platinum Triangle into
the Park Dedication fee formula, as established by Anaheim Municipal Code, Chapters 17.08 and 17.34,
which is as follows:
( Land Acquisition Costs + Land Development Costs) x 2 x DU density proposed =fee
1,000
Land acquisition costs are estimated by Keyser - Marsten to be $50 /sq. ft. of property purchased (for
industrial properties, including goodwill and relocation costs *). This equals $2,178,000/ac.
Land Development costs have been established by the City Council at $173,913.33/ac. **
City Park Acreage Standard of 2 acres /1,000 population was incorporated in the formula set forth in
Chapters 17.08 and 17.34, as approved by City Council.
Estimated dwelling unit density of 1.5 persons /unit for both the single family attached and apartment
complexes as estimated in Final Environmental Impact Report, No. 330, Table 4.3 -1, for the City of
Anaheim's General Plan and Zoning Code Update.
Using the above figures the park fee is $7,055.74 per unit.
($2,178,000+$173,913.33) 2 x 1.5 = $7,055.74 per unit
1,000
Parkland dedication will be required for each 8 acre or larger parcel proposed for residential
development. The City's Platinum Triangle consultant, EDAW, has recommended that each dwelling unit
for parcels of 8 acres or larger dedicate 44 sq. ft. of public parkland per each dwelling unit proposed.* * *
The value of the parkland dedication will be credited against overall park in lieu fees paid for the project.
Consistent with existing zoning and policies, no credit will be given for improvements.
As an example, if a subdivision were required to dedicate a.5 acre park, credit would be given
against the Land Acquisition value, established above, of $2,178,000 per acre. Accordingly the Developer
would be entitled to a credit of $1,089,000 for the dedication.
Notes:
* Memorandum by Keyser - Marsten dated December 29, 2004 and updated January 15, 2004 by
James Rabe of Keyser Marsten, available in the Parks Division office.
* * As approved by the City Council in Resolution No. 2004R -128, dated June 15, 2004.
* ** The square foot figure for required recreational space per dwelling unit in The Platinum Triangle
is lower than the figure used elsewhere in the City, as set forth in Section 17.08. The lower figure is
recommended because of the type of residential projects anticipated for The Platinum Triangle. The mixed
use type of neighborhoods proposed require smaller human scale parks within a walking distance of 2.5 to 5
minutes of each dwelling unit.
EXHIBIT "D -6"
Residential Uses
Office Uses
Commercial Uses
POLICE FACILITIES FEE
$31.62 per unit
$ .10 per square foot
$ .21 per square foot
The Revenue and Cost Specialists Consulting firm is still in the process of establishing fee guidelines
for The Platinum Triangle area. During the interim the foregoing formula will be applicable to offset the
equipment cost for police services in The Platinum Triangle area. The interim fee will be replaced with a
one -time capital facilities fee which will be applicable to the Project.
EXIiIBIT "'E"
DEVELOPMENT REQUIREMENTS AND MAINTENANCE OBLIGATIONS
As a condition of approval of Development Agreement No. , the City requires OWNER to
undertake and implement the maintenance of certain slopes, landscaping, [a park (if Property is 8 or more
acres)] private streets and private utilities, and the performance of other obligations, as set forth herein. Prior
to the earlier of either the sale of the first [residential] lot or the issuance of the temporary or permanent
"Certificate of Occupancy" for the first [residential dwelling unit] in Tract Map , OWNER
shall execute and record with the Orange County Recorder a declaration of covenants, conditions and
restrictions ( "CC &Rs ") satisfactory to the Planning Director and the City Attorney creating maintenance
obligations for an incorporated association ( "Association ") to establish a financial mechanism or financial
mechanisms to maintain those areas and facilities (collectively referred to hereinafter as the "Common
Area ") depicted on Attachment No. I attached hereto. Such Area shall include the following:
[Describe the maintenance obligations imposed on the project, which may include the following:
a. Private streets and street lights (include street name, if applicable);
b. Private sewer and storm drain lines, together with all appropriate appurtenances;
C. Landscape slope areas and all drainage facilities (including, but not limited to, french
drains, down drains, drainage swales, retaining and crib wall(s) etc.);
d. Landscape maintenance easements.
C. Parkway landscaping and irrigation.
f Covered on -site storage for bicycles, scooters and athletic equipment
screened from public view.
g. Washer and dryer in each dwelling unit.
h. Centralized recreational amenities appropriate to the population mix in
the development, as approved by the City.
Maintenance of minipark.
j. Public restrooms, if applicable.
The obligations described above and depicted in the Maintenance Exhibit shall collectively be referred to as
the "Maintenance Obligations." Until such time as the Association is formed, the CC &Rs are recorded, the
Common Area is conveyed in fee to the Association, and the Association has assumed responsibility to
maintain the Common Area and perform the Maintenance Obligations, OWNER shall be responsible for the
maintenance of the Common Area and performance of the Maintenance Obligations, including any
additional obligations which may be specified herein. Reconveyance of all or part of the Common Area or
any property interest therein to a party other than the Association shall require (i) the prior written consent of
the City, (ii) appurtenant easements over the Common Area for the benefit of each and every lot in the
Property and (iii) that the reconveyance expressly affirm that the provisions of Civil Code Section 1367
relating to lien rights to enforce delinquent assessments and the CC &Rs shall remain applicable. The
CC &Rs may provide any of the Maintenance Obligations may be assumed by a duly formed Platinum
Triangle Infrastructure and /or Maintenance Assessment District subject to CITY's written approval.
The covenants and restrictions set forth herein constitute a general scheme for the development, protection
and maintenance of the Property for the benefit of all owners. Said covenants and restrictions are for the
benefit of the Property and shall bind all owners thereof. Such covenants and restrictions shall be a burden
upon, and a benefit to, not only the OWNER but also its successors and assigns. All of such covenants and
restrictions are intended to be and shall be declared in the CC &Rs to be covenants running with the land or
equitable servitudes upon the land, as the case may be.
The CC &R's shall provide that termination of the CC &R's or amendment of any provision which may
negatively impact performance of the Maintenance Obligations shall require prior written consent of the
City. Termination of this Declaration is not a release of Declarant with regard to Declarant's independent
obligations in connection with development and approval of the Project or with regard to obligations and
liabilities incurred prior to such termination.
EXHIBIT "F"
PRELIMINARY TITLE REPORT
ATTACHMENT NO. 6
MISCELLANEOUS CASE NO. 2005 -00115
Draft Resolution
91,T_1aI
RESOLUTION NO. PC2005 - * **
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
RESCINDING IN PART RESOLUTION NO. PC2004 -83
AND RECOMMENDING THAT CITY COUNCIL
RESCIND IN -PART RESOLUTION NO. 2004 -180
(MISCELLANEOUS CASE NO. 2005 - 00115)
WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a
comprehensive update to the Anaheim General Plan by Resolution No. 2004 -95, which plan may be
amended from time to time; and
WHEREAS, the adopted General Plan establishes a maximum development intensity for
The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre),
5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial
development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area
ratio of 3.0; and
WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 Freeway and the SR -57 Freeway 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 SR-
57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and
which area is further depicted in Figure "LU -5: Areas of the City with Special Density Limitations" of the City
of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and
WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The
Platinum Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle
Standardized Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City
Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated
applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No-
2004-00420, Zoning Code Amendment No. 2004- 00036, Miscellaneous Case No. 2004 -00089 to amend The
Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The Platinum
Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to rescind in -part of
the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and
Reclassification No. 2004 - 00134; and, on June 13, 2005, initiated General Plan Amendment No. 2004 -00420
(Tracking No. GPA 2005 - 00432) (hereinafter collectively referred to as the "Project Discretionary Actions ");
and
WHEREAS, Miscellaneous Case No. 2005 -00115 pertains to a request for Planning
Commission to rescind in part, Resolution No. PC2004 -83 and recommend that the City Council rescind in
part, Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order to rescind resolutions
of intent pertaining to the reclassification of a 321 -acre property located at the southeast corner of
Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue (the
"subject property ") from the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone.
WHEREAS, the adopted General Plan and The Platinum Triangle Master Land Use Plan
designates the subject property for Office -High land uses; and
WHEREAS, on August 9, 2004, the Anaheim City Planning Commission adopted Resolution
No. PC2004 -83 approving Reclassification No. 2004 - 00127, establishing a resolution of intent to reclassify
certain properties within The Platinum Triangle and identified on exhibits attached to said Resolution from the
I (Industrial), C -G (General Commercial) and O -L (Low Intensity Office) Zones to the O -H (High Intensity
Office) Zone and the subject property from the PR (Public Recreational) Zone to the O -H (High Intensity
Office) Zone; and
CR \PC2005- -1- PC2005
WHEREAS, the Planning Commission, by motion, recommended that the City Council
consider Reclassification No. 2004 - 00127; and
WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004 -180
approving Reclassification No. 2004 - 00127, establishing a resolution of intent to reclassify certain properties
within The Platinum Triangle and identified on exhibits attached to said Resolution from the I (Industrial), C -G
(General Commercial) and O -L (Low Intensity Office) Zones to the O -H (High Intensity Office) Zone and the
subject property from the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 22, 2005, at 2:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of state law, to hear and consider evidence for and
against the rescission, in part, of Resolution No. PC2004 -83 and recommending to the City Council,
rescission, in part, of Resolution No. 2004 -180; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the subject property, which comprises approximately 321 acres, is currently utilized as
the North Net Fire Training Center; and that the Land Use Element of the Anaheim General Plan designates
the property for Office -High land uses.
2. That General Plan Amendment No. 2004 -00420 (including, in part, a request to redesignate
the subject property from the Office -High to the Mixed -Use land use designation and increase the number of
residential units in The Platinum Triangle Mixed -Use land use designation by 325 units) is being considered
in conjunction with proposed Reclassification No. 2004 -00134 (to reclassify the subject property from the PR
(Public Recreational) Zone to the PR (PTMU Overlay) (Public Recreational — Platinum Triangle Mixed Use
Overlay) Zone) and amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No-
2004-00089) and the Platinum Triangle Mixed Use Overlay Zone (Zoning Code Amendment No. 2004-
00036).
3. That the Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone, as proposed
for amendment, designate the subject property as "PR (PTMU Overlay), Gateway District, Subarea C" with a
density of up to 321 residential dwelling units.
4. That the approved resolution of intent to the O -H (High Intensity Office) Zone as approved per
Reclassification No. 2004 -00127 for the subject property is not consistent with the proposed General Plan,
Platinum Triangle Master Land Use Plan, and PTMU Overlay Zone amendments or with the proposed
Reclassification No. 2004 - 00134.
5. That rescinding, in part, the resolution of intent to reclassify the above - described property to
the O -H (High Intensity Office) Zone is required in conjunction with the proposed reclassification of the
subject property to the PR (PTMU Overlay) Zone.
6. That * ** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed Miscellaneous Case No. 2005 -00115 in connection with General Plan
Amendment No. 2004 - 00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case Nos. 2004-
00089 and 2005 -00114 and Reclassification No. 2004 -00134 and, by its Resolution No. , did find
and recommend that the City Council, as lead agency for the Project, unless additional or contrary
information is received during the City Council's public hearing on the Project, certify FSEIR No. 332 and
adopt a Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and
Modified Mitigation Monitoring Program No. 106A, and determine that FSEIR No. 332 fully complies with
CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required
environmental documentation for the Project, including the Project Implementation Actions and Discretionary
Actions to the extent authorized by law-
-2- PC2005-
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby rescind, in -part, Resolution No. PC2004 -83 (a resolution of the Anaheim City Planning Commission
recommending that the City Council adopt the resolution of intent to the O -H (High Intensity Office) Zone)
(Resolution No. PC2004 -83) (Reclassification No. 2004 - 00127) as it pertains to the subject property; and
That this approval is granted expressly conditioned upon adoption of General Plan Amendment No. 2004-
00420; Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan,
Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement
and Zoning Code Amendment No. 2004- 00036.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim City Planning
Commission does hereby recommend that the City Council, rescind, in -part, Resolution No. 2004 -180 (a
resolution of intent to reclassify certain properties within the PR (Public Recreational) Zone to the O -H (High
Intensity Office) Zone (Reclassification No. 2004 - 00127) as it pertains to the subject property.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 22, 2005. 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.
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 22, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1 2005-
SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION
-3- PC2005-
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Miscellaneous Case No. 2005 -00115 Subject Property
Reclassification No. 2004- 000134 Date: August 22, 2005
Scale: Graphic
Requested By: CITY OF ANAHEIM Q.S. No. 119
MISCELLANEOUS CASE NO. 2005 -00115 —TO RESCIND IN PART, RESOLUTION NO. PC2004 -83 AND
RECOMMEND THAT THE CITY COUNCIL RESCIND IN PART, RESOLUTION NO. 2004 -180 PERTAINING
TO RECLASSIFICATION NO. 2004 -00127 IN ORDER TO RESCIND RESOLUTIONS OF INTENT
PERTAINING TO THE RECLASSIFICATION OF A 3.21 -ACRE PROPERTY.
RECLASSIFICATION NO. 2004 -00134 — TO RECLASSIFY A 3.21 -ACRE PROPERTY.
1804
ATTACHMENT NO. 7
RECLASSIFICATION NO. 2004 -00134
Draft Resolution
91:L121
RESOLUTION NO. PC2005 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2004 -00134 BE GRANTED
WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a
comprehensive update to the Anaheim General Plan by Resolution No. 2004 -95, which plan may be amended
from time to time; and
WHEREAS, the adopted General Plan establishes a maximum development intensity for The
Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000
square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a
maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and
WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 Freeway and the SR -57 Freeway 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 SR -57
Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which
area is further depicted in Figure "LU -5: Areas of the City with Special Density Limitations" of the City of
Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and
WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum
Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle Standardized
Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City Council adopted the
Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated
applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No. 2004-
00420, Zoning Code Amendment No. 2004- 00036, Miscellaneous Case No. 2004 -00089 to amend The
Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle
Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to rescind in -part of the
Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification
No. 2004 - 00134; and, on June 13, 2005, initiated General Plan Amendment No. 2004 -00420 (Tracking No. GPA
2005 - 00432) (hereinafter collectively referred to as the "Project Discretionary Actions "); and
WHEREAS, Reclassification No. 2004 -00134 pertains to a request to reclassify certain real
property comprising an irregularly- shaped approximately 321 -acre area generally bounded by Orangewood
Avenue to the north, Rampart Street to the west and the Santa Ana River channel to the east situated in the
County of Orange, State of California, as shown on Exhibit 1 attached hereto and further identified as 2400 East
Orangewood Avenue (the "subject property ") from the PR (Public Recreational) Zone to the PR (PTMU Overlay)
(Public Recreation — Platinum Triangle Mixed -Use Overlay) Zone; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on August 22, 2005, at 2:30 p.m., notice of said
public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, to hear and consider evidence for and against said Reclassification and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due 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 the
following facts:
1. That the subject property, which comprises approximately 321 acres, is currently utilized as the
North Net Fire Training Center; and that the Land Use Element of the Anaheim General Plan designates the
property for Office -High land uses.
Cr1PC2005- -1- PC2005-
2. That General Plan Amendment No. 2004 -00420 (including, in part, a request to redesignate the
subject property from the Office -High to the Mixed -Use land use designation and increase the number of
residential units in The Platinum Triangle Mixed -Use land use designation by 325 units) is being considered in
conjunction with the subject Reclassification No. 2004 -00134 and amendments to The Platinum Triangle Master
Land Use Plan (Miscellaneous Case No. 2004 - 00089) and the Platinum Triangle Mixed Use Overlay Zone
(Zoning Code Amendment No. 2004 - 00036).
3. That the Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone, as proposed for
amendment, designate the subject property as "PTMU Overlay Zone, Gateway District, Subarea C" with a
density of up to 321 residential dwelling units.
4. That the proposed reclassification of the subject property from the PR (Public Recreational)
Zone to the PR (PTMU) (Public Recreational — Platinum Triangle Mixed -Use Overlay) Zone would be consistent
with the General Plan, Platinum Triangle Master Land Use Plan, and PTMU Overlay Zone, as proposed for
amendment.
5. That the proposed reclassification of the subject property is necessary and /or desirable for the
orderly development of the community.
6. That the proposed reclassification of the subject property does properly relate to the zones and
their permitted uses locally established in close proximity to the subject property and to the zones and their
permitted uses generally established throughout the community.
7. That * ** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed Reclassification No. 2004 -00134 in connection with General Plan Amendment
No. 2004- 00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case Nos. 2004- 00089, 2005-
00114 and 2005 -00115 and, by its Resolution No. , did find and recommend that the City Council,
as lead agency for the Project, unless additional or contrary information is received during the City Council's
public hearing on the Project, certify FSEIR No. 332 and adopt a Statement of Findings of Fact and
Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No.
106A, and determine that FSEIR No. 332 fully complies with CEQA, reflects the independent judgment of
the City Council and is adequate to serve as the required environmental documentation for the Project,
including the Project Implementation Actions and Discretionary Actions to the extent authorized by law.
NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission does hereby
approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim
Municipal Code to reclassify the above - described property, unconditionally to exclude the subject site identified
in Exhibit 1 to this Resolution from the PR (Public Recreational) Zone to incorporate said property into the PR
(PTMU) (Public Recreational — Platinum Triangle Mixed -Use Overlay) Zone; and
That this Reclassification No. 2004 -00134 is granted expressly conditioned upon adoption of General Plan
Amendment No. 2004 - 00420; Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land
Use Plan, Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development
Agreement and Miscellaneous Case No. 2005 - 00115.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August
22, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
IIiYI1181+�
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of 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
August 22, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2005.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
EXHIBIT I
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Miscellaneous Case No. 2005 -00115 Subject Property
Reclassification No. 2004- 000134 Date: August 22, 2005
Scale: Graphic
Requested By: CITY OF ANAHEIM Q.S. No. 119
MISCELLANEOUS CASE NO. 2005 -00115 —TO RESCIND IN PART, RESOLUTION NO. PC2004 -83 AND
RECOMMEND THAT THE CITY COUNCIL RESCIND IN PART, RESOLUTION NO. 2004 -180 PERTAINING
TO RECLASSIFICATION NO. 2004 -00127 IN ORDER TO RESCIND RESOLUTIONS OF INTENT
PERTAINING TO THE RECLASSIFICATION OF A 3.21 -ACRE PROPERTY.
RECLASSIFICATION NO. 2004 -00134 — TO RECLASSIFY A 3.21 -ACRE PROPERTY.
1804
ITEM NO. 1 -A
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Staff Report to the
Planning Commission
August 22, 2005
Item No. 4
4a. CEQA SUBSEQUENT EIR NO. 332 AND ADDENDUM
AND MITIGATION MONITORING PLAN NO. 138 (Motion for continuance)
4b. GENERAL PLAN AMENDMENT NO. 2005 -00434
4c. AMENDMENT TO PLATINUM TRIANGLE MASTER LAND
USE PLAN (MISCELLANEOUS PERMIT NO. 2005 - 00111)
4d. REQUEST TO RESCIND RESOLUTION OF INTENT
(MISCELLANEOUS PERMIT NO. 2005 - 00116)
4e. RECLASSIFICATION NO. 2005 -00164
4f. ZONING CODE AMENDMENT NO. 2005 -00042
4g. CONDITIONAL USE PERMIT NO. 2005 -04999
4h. DEVELOPMENT AGREEMENT NO. 2005 -00008
SITE LOCATION AND DESCRIPTION:
(1) This approximate 41.4 -acre project site is generally located between Katella Avenue and
Gene Autry Way, extending from State College Boulevard to just west of South Betmor Lane
in an area of the City of Anaheim known as The Platinum Triangle. The project site is further
identified as Sites 1 and 2 on the map below. Site 1 encompasses 31 acres located at 1200-
1558, 1700 and 1800 East Katella Avenue; 1301 -1395 and 1551 Gene Autry Way; 1870,
1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane; 1833 and 1841 South State
College Boulevard; 1800 and 1801 East Talbot Way. Site ? encompasses 10.4 acres located
at 1871, 1881, 1891 1901, 1870 1880 1890, 1900 and 1910 South Betmor Lane and 1100
East Katella Avenue.
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SR- GPA2005- 00434cdf cont.doc
Staff Report to the
Planning Commission
August 22, 2005
Item No. 4
REQUEST:
(2) The applicant requests approval of the following:
SUBSEQUENT EIR NO. 332 AND ADDENDUM AND MITIGATION MONITORING
PLAN NO. 138 — Determination that Subsequent (SEIR) EIR No. 332 and its
Addendum and Mitigation Monitoring Plan No. 138 are adequate to serve as the
required environmental documentation for the proposed actions. [The Subsequent
EIR has been circulated for a 45 -day public review and is currently scheduled to be
considered by the Planning Commission on August 22, 2005, followed by City
Council consideration in September. This SEIR would need to be certified by the
City Council prior to the City Council approving SEIR No. 332 and its Addendum
for the proposed project actions described in this notice.]
GPA2005 -00434 — Request to amend the Land Use Element of the City of
Anaheim General Plan to redesignate Site 2 from the Office High land use
designation to the Mixed Use land use designation. This request would not change
the permitted overall intensity for these uses as set forth in the General Plan.
MIS2005 -00111 — Request to amend The Platinum Triangle Master Land Use Plan
to incorporate Site 2 into the Platinum Triangle Mixed Use (PTMU) Overlay Zone,
Katella District.
MIS2005 -00116 - Request for Planning Commission to rescind in part Resolution
No. PC2004 -83 and recommend that the City Council rescind in part Resolution
No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order to rescind
resolutions of intent pertaining to the reclassification of Site 2 from the I (Industrial)
to the O -H (High Intensity Office) Zone.
RCL2005 -00164 — Request to reclassify Site 2 from the I (Industrial) to the I
(PTMU) (Industrial - Platinum Triangle Mixed Use Overlay) Zone.
ZCA2005 -00042 — Request to amend Chapter 18.20 (PTMU Overlay) of Title 18
(Zoning Code) of the Anaheim Municipal Code to add educational institutions and
condominium hotels as authorized uses subject to the approval of a conditional use
permit, to amend the minimum size of balconies for high -rise towers and to amend
the parkland dedication requirements.
CUP2005 -04999 — Request to permit residential tower structures up to 400 feet in
height on Site 1 within Development Areas B, D, E, F, M and N of the Master Site
Plan.
DAG2005 -00164 — Request to adopt a Development Agreement between the City
of Anaheim and Lennar Platinum Triangle, LLC and Sellers (as listed in the
Development Agreement) to provide for the development of a Master Site Plan with
up to 2,681 residences in a mix of housing types, including high rise residential
towers, street townhomes, podium townhomes, and lofts with 150,000 square feet
of street - related commercial development adjacent to a new street designated as
Market Street. The plan also includes public park space and new connector
streets.
Staff Report to the
Planning Commission
August 22, 2005
Item No. 4
(3) This property is currently developed with industrial buildings and two motels. Site 1 is
zoned I (PTMU) (Industrial; Platinum Triangle Mixed Use Overlay) and Site 2 is zoned I
(Industrial). The Anaheim General Plan designates Site 1 for Mixed Use and Site 2 for
Office High land uses. Properties surrounding Site 1 in all directions except to the west are
designated for Mixed Use; Site 2 (to the west) is designated for Office High land use.
Properties surrounding Site 2 except to the east are designated for Office High; Site 1 (to
the east) is designated for Mixed Use land use. The PTMLUP further indicates Site 1 is
located in the Katella District of the PTMU Overlay. Site 2 is not currently located in the
PTMU Overlay and expansion of the overlay zone is a part of this request.
(4) Staff requests a continuance to the September 7, 2005 (Wednesday) Commission meeting
to allow time to compile additional information related to this large project for Commission
review.
RECOMMENDATION
(5) That the Planning Commission, by motion, continue this request to the September 7, 2005,
Planning Commission meeting.