Resolution-PC 2016-073RESOLUTION NO. PC2016-073
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY
COUNCIL AMEND CERTAIN PORTIONS OF CHAPTER 18.20
(PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE)
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, AND
MAKING FINDINGS IN CONNECTION THEREWITH.
(ZONING CODE AMENDMENT NO. 2015-00128)
(DEV2015-00024)
WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 and State Route 57 ("SR -57 Freeway") freeways in the City of
Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west
of the Santa Ana River channel and the SR -57 Freeway, south of the Southern California Edison
easement, and north of the Anaheim City limit. The Platinum Triangle encompasses the Angel
Stadium, the Honda Center, the City National Grove of Anaheim, the Anaheim Regional
Transportation Intermodal Center (ARTIC), and surrounding residential and mixed use
development, light industrial buildings, industrial parks, distribution facilities, offices, hotels,
restaurants, and retail development; and
WHEREAS, since 1996, the City Council of the City of Anaheim ("City Council") has
approved several actions relating to the area encompassed by the Platinum Triangle; and
WHEREAS, on May 30, 1996, the City Council certified Final Environmental Impact
Report No. 320 and adopted Area Development Plan No. 120 for that portion of the Angel
Stadium property associated with the Sportstown Development. Area Development Plan No.
120 entitled a total of 119,543 seats for new and/or renovated stadiums, 750,000 square feet of
urban entertainment/retail uses, a 500 -room hotel (550,000 square feet), a 150,000 -square -foot
exhibition center, 250,000 square feet of office development and 15,570 on-site parking spaces.
The Grove of Anaheim, the renovated Angel Stadium and the Stadium Gateway Office Building
were developed/renovated under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan ("MLUP"). The boundaries of the MLUP were generally the same as
those for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to
the Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part
of the approval process for the MLUP, the City Council also certified Final Environmental
Impact Report No. 321 and adopted Mitigation Monitoring Program No. 106. Development
within the boundaries of the MLUP was implemented through the Sports Entertainment Overlay
Zone ("SE Overlay Zone"), which permitted current uses to continue or expand within the
provisions of the existing zoning, while providing those who may want to develop sports,
entertainment, retail, and office uses with standards appropriate to those uses, including
increased land use intensity. Implementation of the SE Overlay Zone was projected to result in a
net loss of 491,303 square feet of industrial space and increases of 1,871,285 square feet of new
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office space, 452,026 square feet of new retail space, and 991,603 square feet of new hotel space.
Projects that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena
Corporate Center, and the Westwood School of Technology; and
WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide
General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle.
The General Plan Update (known as "General Plan Amendment No. 2004-00419") 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 intensities for the Platinum Triangle, which permitted up to 9,175
dwelling units, 5,000,000 square feet of office space, 2,044,300 square feet of commercial uses,
industrial development at a maximum floor area ratio ("FAR") of 0.50, and institutional
development at a maximum FAR of 3.0. In addition, the square footage/seats allocated to the
existing Honda Center and all of the development intensity entitled by Area Development Plan
No. 120 was incorporated into the Platinum Triangle Mixed -Use land use designation. Final
Environmental Impact Report No. 330 ("FEIR No. 330"), which was prepared for the General
Plan and Zoning Code Update and associated actions, analyzed the above development
intensities on a City-wide impact level and adopted mitigation monitoring programs, including
that certain Updated and Modified Mitigation Monitoring Plan No. 106 for the Platinum
Triangle; and
WHEREAS, on August 17, 2004 and in order to provide the implementation tools
necessary to realize the City's new vision for the Platinum Triangle, the City Council replaced
the MLUP with the Platinum Triangle Master Land Use Plan (the "PTMLUP"), replaced the SE
Overlay Zone with the Platinum Triangle Mixed Use Overlay Zone ("PTMU Overlay Zone"),
approved the form of a Standardized Platinum Triangle Development Agreement, and approved
associated zoning reclassifications. Under those updated zoning regulations, property owners
desiring to develop under the PTMU Overlay Zone provisions were thereafter required to enter
into a standardized Development Agreement with the City of Anaheim; and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent
Environmental Impact Report No. 332 ("FSEIR No. 332"), adopted a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A to provide for the implementation of the PTMLUP, in
conjunction with its consideration and approval of General Plan Amendment No. 2004-00420,
Miscellaneous Case No. 2005-00089 and Zoning Code Amendment No. 2004-00036, which
collectively allowed for an increase in the allowable development intensities within the Platinum
Triangle to 9,500 residential units, 5,000,000 square feet of office uses, and 2,254,400 square
feet of commercial uses; and
WHEREAS, on December 18, 2007 and in response to the application of Platinum
Triangle Partners, LLC ("Original Owner") for entitlements allowing for the development of a
residential project consisting of up to 878 residential units, two public parks, and new public
connector streets (the "Original Project") on certain real property consisting of approximately
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15.6 acres and bounded by State College Boulevard on the west, Orangewood Avenue on the
south, and Angel Stadium of Anaheim on the north (the "Property"), the City Council determined
that the Second Addendum to FSEIR No. 332 was adequate to serve as the required
environmental documentation for the Original Project and that no further environmental
documentation needed to be prepared for the Original Project and the "Original Development
Approvals" (as defined below) for the Original Project; and
WHEREAS, the entitlements for the Original Project consisted of (1) Conditional Use
Permit No. 2006-05093, to permit two residential towers up to 350 feet in height; (2)
Development Agreement No. 2006-00002 to provide for the development of the A -Town
Stadium Master Site Plan; and (3) Tentative Tract Map No. 16860 to establish a 10 -lot,
residential subdivision (collectively, the "Original Development Approvals"); and
WHEREAS, on December 18, 2007, the City Council approved the Original
Development Approvals for the Original Project; thereafter, the City and the Original Owner
entered into the Original Development Agreement on or about January 22, 2008, which was
recorded in the Official Records of the County of Orange on January 22, 2008 as Instrument No.
2008000031001 (the "Original Development Agreement"); and
WHEREAS, following the certification of FSEIR No. 332, the City Council approved
two addenda to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle
intensity by 67 residential units, 55,550 square feet of office development, and 10,000 square
feet of commercial uses. A project Environmental Impact Report was also approved to increase
the allowable development intensities by an additional 699 residential units to bring the total
allowable development intensity within the Platinum Triangle up to 10,266 residential units,
5,055,550 square feet of office uses, and 2,264,400 square feet of commercial uses; and
WHEREAS, on February 13, 2007, the City embarked upon a process to amend the
General Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized
Development Agreement, and related zoning reclassifications to increase the allowable
development intensities within the Platinum Triangle to up to 18,363 residential units, 5,657,847
square feet of commercial uses, 16,819,015 square feet of office uses, and 1,500,000 square feet
of institutional uses (the "Platinum Triangle Expansion Project"); and
WHEREAS, on December 11, 2007, the City Council certified Final Subsequent
Environmental Impact Report No. 334 ("FSEIR No. 334") adopting a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A in conjunction with its consideration and approval of General
Plan Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089, Zoning Code
Amendment No. 2004-00036, and a series of other related actions in order to provide for the
implementation of the PTMLUP and approval of the Platinum Triangle Expansion Project; and
WHEREAS, a lawsuit was filed challenging the adequacy of FSEIR No. 334. The City
Council thereafter repealed the approval of the Platinum Triangle Expansion Project, including
FSEIR No. 334 and various related actions, and directed staff to prepare a new Subsequent
Environmental Impact Report for the Platinum Triangle Expansion Project; and
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WHEREAS, on December 16, 2008, the City Council approved that certain Amendment
No. 1 to the Original Development Agreement for the purpose of extending the initial term of the
Original Development Agreement to January 22, 2016. Amendment No. 1 to the Original
Development Agreement was recorded in the Official Records on February 23, 2009 as
Instrument No. 2009000081176; and
WHEREAS, on or about October 26, 2010, the City Council approved the Revised
Platinum Triangle Expansion Project, which included amendments to the General Plan ("General
Plan Amendment No. 2008-00471"), the PTMLUP ("Miscellaneous Case No. 2007-00188"), the
PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development
intensities within the PTMU Overlay Zone from 10,266 residential units up to 18,909 residential
units, 14,340,522 square feet of office uses, 4,909,682 square feet of commercial uses, and
1,500,000 square feet of institutional uses. Before approving said amendments and zoning
reclassifications, the City Council approved and certified the "Revised Platinum Triangle
Expansion Project Subsequent Environmental Impact Report No. 339" for the Revised Platinum
Triangle Expansion Project, including Updated and Modified Mitigation Monitoring Plan No.
106C (collectively referred to herein as "FSEIR No. 339"); and
WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 17, 2012 ("Addendum No.
V), was prepared and considered by the City Council in connection with the Katella Avenue/I-5
Undercrossing Improvements project because none of the conditions described in Section 15162
of the State of California Guidelines for Implementation of the California Environmental Quality
Act ("State CEQA Guidelines") calling for the preparation of a subsequent environmental impact
report had occurred; and
WHEREAS, on or about October 9, 2012 and in response to the application of LNR
Platinum Stadium, LLC, a Delaware limited liability company, the successor in interest to the
Original Owner (herein referred to as the "Subsequent Owner"), for entitlements allowing for the
development of a 525 -unit multifamily project consisting of eight (8) buildings with subteranean
parking, each three or four stories in height , to revise the public park locations for this project
site; amend the Platinum Triangle Master Land Use Plan to revise the connector street and public
park locations for this project site; to permit a smaller park than allowed by the Anaheim
Municipal Code (the "Code"); to amend the Original Development Agreement, as amended by
Amendment No. 1; to address a proposed project re -design including a reduction in residential
units; and to revise Tentative Tract Map No. 16860 to reflect the modified site design (the
"Revised Project"), the City Council determined that the previously -certified FSEIR No. 339,
together with the Updated and Modified Mitigation Monitoring Program No. 106C for the
Platinum Triangle, and Mitigation Monitoring Plan No. 304, was adequate to serve as the
required environmental documentation for the Revised Project and that no further environmental
documentation needed to be prepared for the Revised Project and the "Revised Development
Approvals" (as defined below) for the Revised Project; and
WHEREAS, the entitlements for the Revised Project consisted of (1) General Plan
Amendment No. 2012-00485 to amend the Land Use, Circulation and Green Elements of the
General Plan to revise the public park locations; (2) Miscellaneous Case No. 2012-00553 to
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amend the Platinum Triangle Master Land Use Plan to revise the connector street and public
park locations; (3) Variance No. 2012-04909 to permit a park smaller than required by the Code;
(4) Amended and Restated Development Agreement No. 2006-00002B to amend the Original
Development Agreement, as amended by Amendment No. 1, between the City of Anaheim and
LNR Platinum Stadium, LLC to address a proposed project redesign including a reduction in
residential units, and (5) a revision to Tentative Tract Map No. 16860 to reflect a reduction in the
number of residential units and a re -design of the Original Project (collectively, the "Revised
Development Approvals"); and
WHEREAS, the Subsequent Owner's request for an amendment to the Original
Development Agreement to address a proposed project redesign including a reduction in
residential units was approved by the City Council on October 9, 2012. Accordingly, on or
about November 26, 2012, the City and the Subsequent Owner entered into that certain Amended
and Restated Development Agreement No. 2006-0000213, which was recorded in the Official
Records on December 17, 2012 as Instrument No. 2012000780841 (the "Amended and Restated
Development Agreement"); and
WHEREAS, the Original Development Agreement, as amended by Amendment No. 1
and the Amended and Restated Development Agreement shall be referred to herein collectively
as the "Existing Development Agreement"; and
WHEREAS, the Existing Development Agreement and the Revised Development
Approvals shall be referred to herein collectively as the "Existing Entitlements"; and
WHEREAS, on December 18, 2012, the City Council approved amendments to the
General Plan ("General Plan Amendment No. 2012-00486"), the PTMLUP ("Miscellaneous Case
No. 2012-00559"), and the PTMU Overlay Zone ("Zoning Code Amendment No. 2012-00107")
to increase the number of dwelling units and reduce the amount of office and commercial
development allowed within the "Mixed -Use" land use designation of the Platinum Triangle and
to amend various Elements of the General Plan to include the addition of a public park; and
WHEREAS, Addendum No. 2 to FSEIR No. 339, dated December 3, 2012 ("Addendum
No. 2"), was prepared and considered by the City Council in connection with proposed revisions
to a master planned mixed-use project on a 7.01 -acre (approximate) parcel commonly known as
905-917 East Katella Avenue to allow the development of 399 dwelling units (the "Platinum
Gateway Project"); and
WHEREAS, Addendum No. 3 to FSEIR No. 339, dated August 2014 ("Addendum No.
3"), was prepared and considered by the City Council in connection with proposed revisions to a
master planned mixed-use project on a 4.13 -acre (approximate) parcel commonly known as
1005-1105 East Katella Avenue to increase the allowable number of residential dwelling units
from 350 to 389 (the "Platinum Vista Project"). On October 21, 2014, the Anaheim City Council
adopted General Plan Amendment No. 2014-00495 to permit the increase in the number of
dwelling units for the Platinum Vista Project. Thereafter, to be consistent with General Plan
Amendment No. 2014-00495, the Anaheim City Council adopted its Ordinance No. 6309 on
November 18, 2014, which had the effect of increasing the maximum square footage for
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commercial uses within the Katella District of the PTMU Overlay Zone to 634,643 square feet,
resulting in an aggregate increase in the square footage for commercial uses within the PTMU
Overlay Zone to 4,795,111. Ordinance No. 6309 also had the effect of increasing the maximum
number of housing units within the PTMU Overlay Zone to 18,999. However, to correct clerical
errors subsequently discovered in the tabulation of those density numbers in Ordinance No.
6309, the Anaheim City Council adopted its Ordinance No. 6319 on April 7, 2015. Ordinance
No. 6319 had the effect of establishing (1) the maximum square footage for commercial uses
within the Katella District as 658,043 square feet, (2) the maximum square footage for
commercial uses within the PTMU Overlay Zone, as a whole, as 4,735,111, and (3) the
maximum number of housing units within the PTMU Overlay Zone as 19,027; and
WHEREAS, Addendum No. 4 to FSEIR No. 339, dated October 2015 ("Addendum No.
4"), was prepared and considered by the City Council in connection with proposed revisions to a
master planned mixed-use project on a 43.1 -acre (approximate) property commonly known as
1404 East Katella Avenue to permit between 1,400 and 1,746 residential units, between 38,000
and 50,000 square feet of commercial uses, two public parks and a network of local streets (the
"A -Town Project"). On October 6, 2015 the City Council adopted Ordinance No. 6344 to amend
the Platinum Triangle Mixed Use Overlay Zone to (1) modify the requirement for ground floor
commercial uses on Market Street, (2) clarify that ground floor commercial uses are required on
Gene Autry Way east of Union Street, and (3) expand the size of the Gene Autry District from
33 acres to 43 acres as part of a revised project design for the "A -Town" Project located at State
College Boulevard immediately north of Gene Autry Way; and
WHEREAS, Addendum No. 5 to FSEIR No. 339, dated June 2016 ("Addendum No. 5"),
was prepared and considered by the City Council in connection with proposed revisions to a
master planned mixed-use project on a 17.5 -acre (approximate) property located at the southwest
corner of State College Boulevard and Gene Autry Way to permit 1,079 residential units,
including 12 live/work units; 14,600 square feet of commercial space; a 1.1 -acre public park;
and, local streets (the "Jefferson Stadium Park Project"). On June 21, 2016 the City Council
adopted Ordinance No. 6373 to approve a Development Agreement between the City of
Anaheim and Jefferson at Stadium Park, L.P. to develop the Jefferson Stadium Park Project with
a (1) General Plan Amendment to amend the Land Use, Green and Circulation Elements of the
General Plan to reflect the relocation of the proposed public park and proposed street alignment,
(2) amendment to the Platinum Triangle Master Land Use Plan (PTMLUP) to reconfigure
internal streets, reflect the relocation of a proposed park, and designate areas currently assigned
for park use for mixed-use development, and (3) a tentative parcel map to subdivide the site into
three numbered lots that correspond with the proposed buildings and one lettered lot for the
proposed park. The tentative parcel map also establishes the new alignment and configuration of
internal public streets and a public park to be dedicated to the City of Anaheim; and
WHEREAS, subsequent to recordation of the Amended and Restated Development
Agreement, fee title interest in the Property was transferred, and the Existing Entitlements were
assigned, by the Subsequent Owner to LTG Platinum LLC, a California limited liability
company (herein referred to as the "Owner"); and
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WHEREAS, pursuant to Section 20 of the Existing Development Agreement and Chapter
18.60 of the Zoning Code of the City of Anaheim, the Owner has requested a series of actions to
replace the Revised Development Approvals and permit a development consisting of a mixed-
use project consisting of 405 residential units, 433,000 square feet of commercial uses, a 200 -
room hotel, and 77,000 square feet of office space (the "Proposed New Project"). To that end,
the Owner has requested the following entitlements to replace the Existing Entitlements:
1. An amendment to the General Plan to revise Table LU -4, General Plan Density
Provisions for Specific Areas of the City, to modify the density provisions for properties within
the Platinum Triangle area that are designated for mixed-use land use, to reduce the maximum
number of dwelling units from 19,027 to 17,348 units; to increase the maximum square feet of
commercial space from 4,735,111 to 4,782,243; and to reduce the maximum amount of office
space from 9,652,747 to 9,180,747 square feet. In addition, modifications to the Land Use Plan
(Figure LU -4), Existing and Planned Bicycle Facilities (Figure C-5) and Green Plan (Figure G-5)
of the Anaheim General Plan are required in order to remove the designation of a public park on
the Project Site ("General Plan Amendment No. 2015-00504");
2. Development Agreement No. 2015-00001, in the form presented at the meeting at
which this Resolution was adopted, to provide for the development of the Proposed New Project
and certain vested development rights in connection therewith, which includes the Master Site
Plan attached thereto;
3. A Conditional Use Permit to allow up to 22 California Department of Alcoholic
Beverage Control ("ABC") alcohol licenses for the sale and service of alcoholic beverages.
Nineteen of the licenses will be a Type 47 (On Sale -General — Eating Place) license, authorizing
the sale of beer, wine and distilled spirits for consumption at a restaurant, or a Type 41 (On Sale
Beer & Wine — Eating Place) license, authorizing the sale of beer and wine for consumption at a
restaurant. Two of the licenses will be a Type 75 (On Sale -General — Brewpub) license,
authorizing the sale of beer, wine and distilled spirits for consumption on a bona fide eating
place plus a limited amount of brewing of beer. In addition, a proposed market within the
Proposed New Project is envisioned to sell beer and wine or beer, wine and distilled spirits for
consumption off the premises where sold pursuant to either a Type 20 (Off Sale Beer & Wine)
license or a Type 21 (Off Sale General) license ("Conditional Use Permit No. 2015-05806");
4. An amendment to the Zoning Code to allow a conversion and transfer of unused
development intensity from the Gateway, Gene Autry, Katella, and Orangewood Districts to the
Stadium District. In addition, the overall number of allowable residential units and office square
footage within the Platinum Triangle would be reduced and the allowable commercial square
footage would be slightly increased ("Zoning Code Amendment No. 2015-00128");
5. An amendment to the PTMLUP to be consistent with General Plan Amendment No.
201-00504 to revise the district boundaries for the Stadium and Gateway Districts; allow a
reduction, conversion and transfer of unused development intensity from the Gateway, Gene
Autry, Katella, and Orangewood Districts to the Stadium District; revise development intensities,
and modify the park and street locations consistent with the Proposed New Project
("Miscellaneous Case No. 2016-00631 "); and
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6. Tentative Tract Map No. 17918 to subdivide the Project Site into two parcels that
correspond to the two Development Areas shown on the proposed Master Site Plan for the
Proposed New Project; and
WHEREAS, General Plan Amendment No. 2015-00504, Development Agreement No.
2015-00001, Conditional Use Permit No. 2015-05806, Zoning Code Amendment No. 2015-
00128, Miscellaneous Case No. 2016-00631, and Tentative Tract Map No. 17918 shall be
referred to herein collectively as the "Proposed New Entitlements"; and
WHEREAS, in connection with the Proposed New Entitlements, Addendum No. 6 to
FSEIR No. 339, dated August 2016 ("Addendum No. 6"), a copy of which is on file in the
Planning Department and incorporated herein by this reference as though fully set forth, has been
prepared in order to determine whether any significant environmental impacts which were not
identified in the previously -approved FSEIR No. 339 would result or whether previously
identified significant impacts would be substantially more severe. FSEIR No. 339, Addendum
No. 1, Addendum No. 2, Addendum No. 3, Addendum No. 4, Addendum No. 5, and Addendum
No. 6 together with Mitigation Monitoring Program 106C approved in conjunction with FSEIR
No. 339, and Mitigation Monitoring Plan No. 334 proposed for the Proposed New Project
collectively constitute the environmental documentation under and pursuant to the California
Environmental Quality Act of 1970, as amended ("CEQA"), and the State CEQA Guidelines
relating to the Proposed New Entitlements and the Project and shall be referred to herein
collectively as the "CEQA Documents"; and
WHEREAS, on August 22, 2016, the Planning Commission did hold a public hearing,
notice of said public hearing having been duly given as required by law and in accordance with
the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony
concerning the contents and sufficiency of Addendum No. 6 and for and against the Proposed
New Entitlements and the Proposed New Project and to investigate and make findings in
connection therewith; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to the Proposed New Entitlements and the Proposed New Project, including
Addendum No. 6, together with the other CEQA Documents; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines,
and the City's Local CEQA Procedure Manual, this Planning Commission has found and
determined and has recommended that the City Council so find and determine the following:
1. That Addendum No. 6 together with the other CEQA Documents collectively
constitute the environmental documentation under and pursuant to CEQA relating to the
Proposed New Entitlements and the Proposed New Project; and
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2. That, pursuant to the findings contained in said concurrent resolution, the CEQA
Documents satisfy all of the requirements of CEQA and are adequate to serve as the required
environmental documentation for the Proposed New Entitlements and the Proposed New Project
and, together with Mitigation Monitoring Plan No. 334 for the Proposed New Project, should be
approved and adopted; and
3. That no further environmental documentation needs to be prepared under CEQA for
the Proposed New Entitlements and the Proposed New Project.
WHEREAS, the Property consists of 8 parcels currently designated for use as "Mixed
Use and Open Space" on the land use map of the General Plan. These parcels are zoned "I"
Industrial and are located within the Gateway District of the Platinum Triangle Master Land Use
Plan and, as such, are subject to and must comply with the land use intensities and the
development standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU)
Overlay Zone) of the Code; and
WHEREAS, proposed Zoning Code Amendment No. 2015-00128, in the form attached
hereto as Exhibit A, would amend Chapter 18.20 (Platinum Triangle Mixed Use (PTMU)
Overlay Zone) of the Code to make it consistent with General Plan Amendment No. 2015-00504
and Miscellaneous Case No. 2016-00631, now pending; and
WHEREAS, after due inspection, investigation and study made by itself and in its behalf,
and after due consideration of and based upon all of the testimony, evidence and reports offered
at said hearing relating to the Proposed New Entitlements and the Proposed New Project,
including Addendum No. 6, together with the other CEQA Documents, this Planning
Commission has heretofore adopted its Resolutions recommending that the City Council (1)
amend the General Plan by approving and adopting General Plan Amendment No. 2015-00504,
and (2) amend the Platinum Triangle Master Land Use Plan by approving and adopting
Miscellaneous Case No. 2016-00631; and
WHEREAS, in order to make Chapter 18.20 (Platinum Triangle Mixed Use (PTMU)
Overlay Zone) consistent with General Plan Amendment No. 2015-00504 and Miscellaneous
Case No. 2016-00631, as adopted, this Planning Commission desires to recommend that the City
Council approve and adopt proposed Zoning Code Amendment No. 2015-00128 in the form
attached hereto as Exhibit A; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentation, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED, pursuant to the above findings and based
upon a thorough review of proposed Zoning Code Amendment No. 2015-00128, Addendum No.
6, the other CEQA Documents, and the evidence received to date, the Planning Commission
does hereby approve and recommends that the City Council approve Zoning Code Amendment
No. 2015-00128, in the form attached hereto as Exhibit A, contingent upon and subject to (1) the
approval of the other Proposed New Entitlements, specifically General Plan Amendment No.
2015-00504, Development Agreement No. 2015-00001, Conditional Use Permit No. 2015-
05806, Miscellaneous Case No. 2016-00631, Tentative Tract Map No. 17918, now pending; and
(2) the mitigation measures set forth in Mitigation Monitoring Program 106C approved in
conjunction with FSEIR No. 339 and Mitigation Monitoring Plan No. 334 for the Proposed New
Project.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon compliance with each
and all of the conditions set forth in a separate resolution of this Planning Commission adopted
substantially concurrently with this Resolution relating to the proposed Development Agreement
No. 2015-00001. Should any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 22, 2016.
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on August 22, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, LIEBERMAN, HENNINGER, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 22"d day of August, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
FORM OF ORDINANCE
(ZONING CODE AMENDMENT NO. 2015-00128)
ORDINANCE NO. 2016 -
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN
SECTIONS OF CHAPTER 18.20 (PLATINUM TRIANGLE MIXED USE
(PTMU) OVERLAY ZONE) OF TITLE 18 (ZONING) OF THE ANAHEIM
MUNICIPAL CODE.
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City and its residents; and
WHEREAS, the City Council determines that this ordinance is a valid exercise of the
local police power and in accord with the public purposes and provisions of applicable State and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Table 20-D (Development Intensities: Platinum Triangle Mixed Use (PTMU)
Overlay Zone) of Section 18.20.040 (Development Districts) of Chapter 18.20 (Platinum
Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal
Code be, and the same is hereby, amended to read in full as follows:
Table 20-D
DEVELOPMENT INTENSITIES:
PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Maximum
Maximum
Office
Maximum
Maximum
District
Acres
Housing
Square
Commercial
Institutional
Units
Feet
Square Feet
Square Feet
Arena
41
425
100,000
100,000
0
ARTIC
17
520
2,202,803
358,000
1,500,000
Gateway
-5030
1�g
562,250
64,000
0
Exhibit "A"
Page 1 of 3
Gene Autry
33
2�
2,261
338,200
219,20
304,700
132,900
0
Katella
141
5,025S
1,921,639
582,043
0
Orangewood
35
1,771
1 Orn Qcc
1,002,8
130,000
0
Stadium
3•
s�
3,125,000
3,120,369 r
0
173
5,921
3,172,000
3,415,300
Total
Mixed Use
470
1 n�
17,348
�21^7
654'7T
9,180,747
4,735,111
4,782,243
1,500,000
Office
121
0
4,478,356
0
0
Total
d ^735
PTMU
Overlay
591��
10
17,348
14,131,103
13,659,103
111
4,782,243
1,500,000
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be
declared for any reason invalid or unconstitutional by the final judgment of any court of competent
jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid
or unconstitutional. The City Council of the City of Anaheim hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or
portions be declared valid or unconstitutionally.
SECTION 3. SAVINGS CLAUSE; CONTINUITY.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. To the extent the provisions of
this Ordinance are substantially the same as ordinance provisions previously adopted by the City
relating to the same subject matter, the provisions of this ordinance shall be construed as
restatements and continuations of those provisions and not as new enactments or amendments of the
earlier provisions.
SECTION 4. CERTIFICATION; PUBLICATION BY CLERK.
The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or
a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim
Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
Exhibit "A"
Page 2 of 3
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the day of , 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the day of
, 2016, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
LIN
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
Exhibit "A"
Page 3 of 3