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Resolution-PC 2022-064-1- PC2022-064 RESOLUTION NO. PC2022-064 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED CONDITIONAL USE PERMIT NO. 2021-06111 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00127A) (2000 EAST GENE AUTRY DRIVE) WHEREAS, the Planning Commission of the City of Anaheim (the “Planning Commission”) did receive a verified petition for the approval of Conditional Use Permit No. 2021- 06111 to permit the continued operation of the “Angel Stadium of Anaheim” (“Angel Stadium”), including events within the stadium and on the property, sale and consumption of alcoholic beverages, and a coordinated sign program for that certain real property of approximately 152 acres of land located at 2000 East Gene Autry Way in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property is located within the Platinum Triangle area, and is currently improved with an approximately 45,500 seat stadium known as “Angel Stadium of Anaheim” (“Angel Stadium”), an approximately 1,700 person capacity performance venue known as City National Grove of Anaheim (City National Grove) and associated surface parking lots; and WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 and State Route 57 ("SR-57 Freeway") freeways in the City, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and the SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit. The Platinum Triangle encompasses the Angel Stadium, the Honda Center, the City National Grove of Anaheim, the 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 has approved several actions relating to the area encompassed by the Platinum Triangle; and WHEREAS, on July 9, 1996, the City Council certified Final Environmental Impact Report (FEIR) No. 320 (State Clearinghouse No. 95041029) and adopted Area Development Plan No. 120 for the portion of the Angel Stadium property associated with the Sportstown Development. Area Development Plan No. 120 permitted up to 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, the renovated Angel Stadium, and the Stadium Gateway Office Building were developed/renovated under this plan; and WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area Master Land Use Plan (MLUP). The boundaries for the Anaheim Stadium Area MLUP were generally the same as those for the Platinum Triangle, with the exception that this MLUP included 15 acres adjacent to I-5 that are not a part of the current Platinum Triangle boundaries. As part of the aproval process for the Anaheim Stadium Area MLUP, the City Council also certified FEIR -2- PC2022-064 No. 321 (State Clearinghouse No. 9611041) and adopted the Mitigation Monitoring Program No. 106. Development within the Anaheim Stadium Area was implemented through the Sports Entertainment (SE) Overlay Zone, which permitted existing 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 an increase of 1,871,285 square feet of new office space, 4.52,026 square feet of new retail space, and 991,603 square feet of new hotel space. Projects that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena Corporate Center, and the Westwood School of Technology; and WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle. The General Plan Update changed the General Plan designations within the 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 (“FAR”) of 0.50, and institutional development at a maximum FAR of 3.0. In addition, the square footage/seating 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,” State Clearinghouse No. 2003041105), which was prepared for the General Plan and Zoning Code Update and associated actions, analyzed the above development intensities on a citywide impact level and adopted mitigation monitoring programs, including an Updated and Modified Mitigation Monitoring Program No. 106 for the Platinum Triangle; and WHEREAS, on August 17, 2004, in order to provide the implementation tools necessary to realize the City’s new vision for the Platinum Triangle, the City Council replaced the Anaheim Stadium Area MLUP with the Platinum Triangle Master Land Use Plan (the “PTMLUP”), replaced the SE Overlay Zone with the PTMU Overlay Zone, approved the form of the Standardized Platinum Triangle Development Agreement, and approved associated zoning reclassifications. Under these updated zoning regulations, property owners desiring to develop under the PTMU Overlay Zone provisions are required to enter into a standardized Development Agreement with the City; and WHEREAS, on October 25, 2005, the City Council adopted and certified the Final Subsequent Environmental Impact Report No. 332 (“FSEIR No. 332,” State Clearinghouse No. 2004121045), including an Updated and Modified Mitigation Monitoring Program No. 106A to provide for the implementation of the PTMLUP and associated actions, which used the certified FEIR No. 321 and Mitigation Monitoring Program No. 106. The land use actions associated with FSEIR No. 332 collectively increased the allowable development intensity within the Platinum Triangle to 9,500 residential units, 5,000,000 square feet of office uses, and 2,254,400 square feet of commercial uses; and WHEREAS, following the certification of FSEIR No. 332, the City Council approved two 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 -3- PC2022-064 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 a series of actions in order to provide for the implementation of the PTMLUP and approval of the Platinum Triangle Expansion Project; and WHEREAS, following the approval of FSEIR No. 334, a lawsuit was filed by the Citizens for Responsible Equitable Environmental Development and the Orange County Communities Organized for Responsible Development challenging the adequacy of FSEIR No. 334. The City Council thereafter repealed the approval of the Platinum Triangle Expansion Project FSEIR No. 334 and various related actions and directed staff to prepare a new subsequent Environmental Impact Report for the Platinum Triangle Expansion Project; and WHEREAS, on October 26, 2010, the City Council approved the Revised Platinum Triangle Expansion Project, which included amendments to the General Plan, the PTMLUP and the PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development intensities within the PTMU Overlay Zone 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, the City Council has approved eight addenda to address modifications to the Revised Platinum Triangle Expansion Project; and WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 2012 (“Addendum No. 1”) was adopted by the City Council in connection with the Katella Avenue/Interstate 5 Undercrossing Improvement Project, which included widening of Katella Avenue at the undercrossing with I-5 between Anaheim Way and Manchester Avenue and creating a fourth through lane of traffic in each direction of travel. Maintain dual left-turn pockets at both intersections; and WHEREAS, Addendum No. 2 to FSEIR No. 339, dated December 2012 (“Addendum No. 2”) was adopted by the City Council in connection with the development of a four-story wrap- style residential building with 399 dwelling units, a five-story parking structure, and a public park on a 7.01-acre parcel commonly known as 905-917 East Katella Avenue (“Platinum Gateway -4- PC2022-064 Project”). This project included amendments to the General Plan and the PTMLUP to increase the total number of dwelling units to 18,988 dwelling units, reduce the commercial square footage to 4,795,111 square feet, reduce the office square footage to 14,131,103 square feet, and maintain the same square footage for institutional uses at 1,500,000 square feet; and WHEREAS, Addendum No. 3 to FSEIR No. 339, dated August 2014 (“Addendum No. 4”) was adopted by the City Council in connection with the development of a five-story wrap - style residential apartment building with 389 units and a six-story parking structure on a 4.13-acre parcel commonly known as 1005-1105 East Katella Avenue (“Platinum Vista Project”). This project included amendments to the General Plan and the PTMLUP to allow up to 19,027 dwelling units, reduce the commercial square footage to 4,735,111 square feet, and maintain the same square footage of office uses and institutional uses at 14,131,103 square feet and 1,500,000 square feet respectively; and WHEREAS, Addendum No. 4 to FSEIR No. 339, dated October 2015 (“Addendum No. 5”) was adopted by the City Council in connection with the revisions to a master planned mixed- use project on a 43.1-acre 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 ("A-Town Project"). This project amended the PTMU Overlay Zone to modify the requirement for ground floor commercial uses on Market Street, clarify that ground floor commercial uses are required on Gene Autry Way east of Union Street, and 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 adopted by the City Council in connection with the development of a mixed-use community with 1,079 residential apartments (including 12 live/work units), 14,600 sf of retail uses, and a 1.11-acre public park on a 17.5-acre property located at the southwest corner of State College Boulevard and Gene Autry Way (“Jefferson Stadium Park Project”). This project included amendments to the General Plan and the PTMLUP to relocate and combine two park sites into one park site and designate previous park site to a mixed-use designation, reconfigure internal streets, and to reduce the allowable residential units to 18,909, increase the allowable commercial uses to 4,909,682 square feet, increase the allowable offices uses to 14,340,522 square feet, and maintain the allowable institutional uses at 1,500,000 square feet; and WHEREAS, Addendum No. 6 to FSEIR No. 339, dated September 2016 (“Addendum No. 6”) was adopted by the City Council in connection with the development of a mixed-use project with 405 dwelling units, 433,000 square feet of commercial uses, a 200-room hotel, and 77,000 square feet of office uses on a 14.8-acre property located on the northeast corner of Orangewood Avenue and State College Boulevard (“LT Platinum Center Project”). This project included amendments to the General Plan and the PTMLUP to revise the district boundaries to change the LT Platinum Center Project site from the Gateway District to the Stadium District and created three Sub-Areas for the Stadium District, including placing the Property into Sub-Area A and changed the allowable development intensity on the Project Site (Sub-Area A) to 5,175 dwelling units, 3,095,000 square feet commercial development, 2,832,300 square feet office development and stadiums with up to 119,543 seats. The Addendum also studied the modification of density provisions in the Platinum Triangle Area, designated for mixed-use land uses, to reduce the maximum dwelling units to 17,348 units, increase the maximum commercial uses to 4,782,243 square feet, reduce the maximum office space to 9,180,747 square feet, and remove the designation -5- PC2022-064 of a public park from the site. The Anaheim Traffic Analysis Model (ATAM) was updated as a result of the transfer of land use density and the General Plan Build-out Year traffic volumes were reanalyzed. The Platinum Triangle Improvement Plan was updated as a result of this analysis; and WHEREAS, Addendum No. 7 to FSEIR No. 339, dated March 2017 (“Addendum No. 7”) was adopted by the City Council in connection with the widening of Gene Autry Way from four lanes to six lanes with medians and storm drain and stormwater improvements; widening of the west side of State College Boulevard between the Gateway Office and Artisan Court to accommodate a southbound right-turn lane and a third through lane; making improvements to the east side of the intersection of State College Boulevard at Gene Autry Way, which is the west entrance to Angel Stadium; and constructing a new intersection on Gene Autry Way at Union Street to provide access to planned development areas; and WHEREAS, Addendum No. 8 to FSEIR No. 339, dated March 2018 (“Addendum No. 8) was adopted by the City Council in connection with the widening of Orangewood Avenue from State College Boulevard to Dupont Drive and from Dupont Drive to the Santa Ana River, respectively, from four lanes to six lanes with the addition of right-turn lanes. The project also included improvements on State College Boulevard between Orangewood Avenue and Artisan Court; and WHEREAS, on October 6, 2020, the City Council of the City of Anaheim adopted Ordinance No. 6497 approving that certain Development Agreement No. 2020-00002 between the City of Anaheim and SRB Management Company, LLC (the “DDA”) with respect to the real property consisting of the approximately 151 acres of land located at 2000 East Gene Autry Way and 2200 East Katella Boulevard in the City of Anaheim. The DDA includes a Master Site Plan that provides for development of a of a mixed-use community with up to 5,175 dwelling units, 2,700,000 square feet of office uses, and 1,750,000 square feet of commercial uses, up to 13.2 acres of public parks, a site for a fire station, and retention of the existing Angel Stadium with an option to replace the existing stadium with a replacement stadium of the same approximate size and seating capacity (the “Stadium Project”); and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City’s Procedures, and prior to approving the Stadium Project, the City Council adopted its Resolution No. 2020-116 approving a Sustainable Communities Environmental Assessment (State Clearing House No. 2020079026) (the “SCEA,”) and Mitigation Monitoring Program (MMP 106D) pursuant to California Public Resources Code (PRC) Section 21155.2 (b)) based on an Infill Project Checklist PRC Section 21094.5, CEQA Guidelines Section 15183.3 and Appendices M and N, and on the prior EIRs certified by the City for the Platinum Triangle area (“City prior EIRs” as that term is defined in the SCEA), which includes Final Environmental Impact Report No. 320 (State Clearinghouse No. 95041029); Final Environmental Impact Report No. 321 (State Clearinghouse Number 9611041); Final Environmental Impact Report No. 330 (State Clearinghouse No. 2003041105); Final Subsequent Environmental Impact Report No. 332 (State Clearinghouse No. 2004121045); Revised Platinum Triangle Expansion Project Subsequent Environmental Impact Report No. 339 ("FSEIR No. 339"); and ten adopted addenda to FSEIR No. 339 prepared to address modifications to the Revised Platinum Triangle Expansion Project City, copies of which are on file in the Planning Department and incorporated herein by this reference as though fully set forth, and which collectively constitute the environmental documentation under and pursuant to CEQA, the CEQA Guidelines, and the City's CEQA Procedures and shall be referred to herein collectively as the "CEQA Documents"; and -6- PC2022-064 WHEREAS, Conditional Use Permit No. 2021-06111 is proposed in conjunction with (i) Tentative Tract Map No. 19146 to permit the subdivision and redevelopment of the Angel Stadium of Anaheim property by creating lots for future mixed-use development areas, the stadium, public park sites, private street system, condominium air space for individual ownership of residential or commercial units and common ownership of associated landscape, private recreation, and parking and access drive areas; (iii) Conditional Use Permit No. 2021-06116 to permit the continued operation of the City National Grove of Anaheim, including concerts and events, sale and consumption of alcoholic beverages, and a coordinated sign program; and (iii) Amendment No. 1 to the DDA. Conditional Use Permit No. 2021-06111, Tentative Tract Map No. 19146, and Conditional Use Permit No. 2021-06116 shall be referred to herein collectively as the "Proposed Project"; WHEREAS, in conformance with CEQA, the CEQA Guidelines, and the City's CEQA Procedures, the Planning Commission finds and determines that, based upon a thorough review of proposed Amendment No. 1, the CEQA Documents, and the Appendix N Checklist prepared pursuant to CEQA Guidelines Sections 15060 and 15183.3 to evaluate the Proposed Project, the CEQA Documents serve as the appropriate environmental documentation for the Proposed Project and satisfy all the requirements of CEQA such that no further environmental documentation needs to be prepared under CEQA at this time because the Proposed Project will not result in new or substantially more severe significant effects than those previously identified and analyzed in the approved SCEA, and will implement the mitigation measures identified in Mitigation Monitoring Program 106D such that the Proposed Project will not substantially increase the severity of significant impacts identified in the SCEA that may cause substantial adverse effects on human beings either directly or indirectly; WHEREAS, the City intends and desires to use the SCEA as the environmental documentation required by CEQA, the CEQA Guidelines and the City's CEQA Procedure Manual for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 9, 2022, 5:00 p.m., 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 for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning 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 with respect to the request to permit Conditional Use Permit No. 2021-06111 on the Property does find and determine the following facts: 1. The request to permit the Proposed Project is an allowable use within the "PTMU "Platinum Triangle Mixed-Use Overlay Zone” under subsection .060 of Section 18.20.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed-Use Overlay Zone) of the Code, subject to the zoning and development standards of the "PTMU" Platinum Triangle Mixed-Use Overlay Zone. Pursuant to the code amendment approved by the City Council in 2021, the Angel Stadium and City National Grove venues are authorized subject to approval of a CUP, the sale of alcoholic beverages is permitted in the PTMU Overlay Zone with approval of a CUP, and a CSP is required for properties with an area of more than 40,000 square feet. Although CSPs for developments in the Platinum Triangle can be reviewed and approved by the Planning Director, the Director may refer an application to the Planning Commission when it is determined that the general public interest -7- PC2022-064 warrants such referral. Because the coordinated sign programs have been submitted in conjunction with a TTM and two CUP’s to permit and retain the Angel Stadium and City National Grove venues, the Planning Director has elected to refer them to the Planning Commission for review as part of the conditional use permit application; and 2. The request to permit the Proposed Project would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the continued operation of Angels Stadium, including the sale of alcoholic beverages and the continuation of signage through a CSP, will not adversely affect adjoining land uses, subject to the conditions of approval contained in the draft resolution; and 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to either the particular area or health and safety because the continued operation of Angels Stadium venue, including the sale of alcoholic beverages and the continuation of signage through a CSP, subject to the conditions of approval contained in the draft resolutions, would continue to be operated in a manner not detrimental to either the particular area or health and safety; and 4. That the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because a traffic study was prepared for the TTM and CUP’s, and the study concluded that, with implementation of the mitigation measures and uniformly applicable development policies, the Proposed Project would not substantially increase the severity of significant traffic impacts identified in City prior EIRs; and 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because Conditional Use Permit No. 2021-06111 would further the objectives of the Platinum Triangle Mixed Use Overlay Zone, subject to compliance with the conditions contained herein. WHEREAS, the Planning 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 with respect to the request to permit a coordinated sign program for all existing freestanding and Stadium-mounted signs on the Property does find and determine the following facts: 1. The signs must be part of a coordinated sign program; 2. The signs must complement the architecture of the entertainment venues and provide a unifying element along the streetscape; and 3. The size, scale and style of the signs shall be internally consistent and consistent with the scale of the entertainment venues and the surrounding land uses. The CSP for Angel Stadium will continue to complement the architecture of their respective entertainment venues, provide a unifying element along the streetscape, and are internally consistent and consistent with their respective venues and surrounding uses in terms of their size, scale, and style. -8- PC2022-064 WHEREAS, the Planning 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 with respect to the request to permit the continuation and alteration of a legally nonconforming billboard on the Property does find and determine the following facts: 1. That the proposed modifications to the sign do not increase the height or area of sign copy and bring the sign closer to conformity with the code; 2. That the changes proposed improve the aesthetics of the sign; and 3. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim The continued use and renovation of the Angel Stadium billboard provides a unique opportunity to complement existing on-site and off-site advertising structures at the adjacent sports and entertainment venues and develop a sense of excitement and energy that would not be suitable on other properties in the area. In addition, the renovation would not increase the sign height or area and would improve the aesthetics of the sign. 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does recommend City Council approval of Conditional Use Permit No. 2021-06111, contingent upon and subject to: (1) adoption of an ordinance approving Amendment No. 1 to Disposition and Development Agreement No. 2020-00002; (2) the adoption of a resolution approving Tentative Tract Map No. 19146; and (3) the adoption of a resolution approving Conditional Use Permit No. 2021-06116, now pending; and (4) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete said conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent -9- PC2022-064 jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -12- PC2022-064 -13- PC2022-064 EXHIBIT "B" CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2021-06111 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT ON-GOING DUROING OPERATIONS 1 Vehicle deliveries including loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right-of-way. Public Works Department, Traffic Engineering Division 2 The number of persons attending any events shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. Fire Department 3 Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Fire Department 4 All buildings equipped with openings, as required by the Fire and Building Code, shall be provided with an approved direct access route from the fire access road to accommodate fire department operations. The access route shall be a minimum of six (6) feet in width and be designed to accommodate a twenty-one (21) foot fire department ladder. A clear area of at least eight (8) feet in width shall be maintained free of permanent obstructions below all required rescue windows to allow for fire department ladder placement. Fire Department 5 The entity responsible for all alcoholic beverage licenses shall obtain LEAD (Owner Education on Alcohol and Drugs Program), RBS, or similar certificate training for themselves and register employees with the Department of Alcoholic Beverage Control (ABC). Police Department 6 The existing ABC licenses (Types 47, 58, 68, and 77) shall not be exchanged or transferred, and any new ABC licenses shall not be permitted, without prior approval from the Planning and Building Director in compliance with the Municipal Code and State Law. Police Department 7 Signs shall be posted and maintained in a prominent place at all exits of the Stadium into the parking lot area, stating “No Open Containers of Alcoholic Beverages Beyond This Point.” Police Department 8 The following primary and supporting land uses, events, and activities enumerated below shall be permitted Inside Angel Stadium. “Inside Angel Stadium” means Angel Stadium and the area circumscribed by the curbed pedestrian and circulation area surrounding the Stadium structure, as depicted on Exhibit C, attached to this resolution: Planning and Building Department, Planning Services Division -14- PC2022-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1) Primary Land Uses: Public or private events such as sporting and athletic, competitions, concerts, entertainment, civic, exhibitions, expositions, campouts/sleepovers, and educational, charitable, civic, entertainment, and religious events (hereinafter referred to as “Public Assembly Events”). 2) Supporting Events and Activities: Sound effects, music, public announcements, video displays, video/sound syncing, graphics displays with and without sound; press conferences; festivals, weddings, and memorials; culinary and home and garden shows; blood drives; product demonstrations (e.g., ride and drive); photography and filming of content; public employee services training (such as, Police and Fire), food bank giveaways, public and private vaccination events; fireworks and pyrotechnics; special effects and lighting, including laser light shows; broadcasting and telecasting; advertising and promotional displays; logistics and distribution; food service, hospitality, and beverage concessions; merchandise concessions and retail sales; graduation ceremonies; award shows; alcohol permits; DAS; and WiFi and other temporary telecommunications facilities and services. 3) Other uses, activities and events as approved in writing by the Planning and Building Director. 9 The following definitions shall apply to the type of events to be held within the Angel Stadium Parking Area, as depicted on the diagram attached as Exhibit C: “Angel Stadium Parking Area” means the remainder of the Angel Stadium Property, as depicted on Exhibit C, attached to this resolution. “Minor Stadium Parking Area Events” shall include events for up to 5,000 attendees.” “Major Parking Lot Angel Stadium Parking Area Events” shall include any concerts, circuses or carnivals, motorsports events, or other events with over 5,000 attendees events other than a “Minor Angel Stadium Parking Area Event”. The following events and activities shall be permitted within the Angel Stadium Parking Area when located more than 200 feet from any residential land uses, operated between the hours of 5:30 a.m. and 11:00 p.m., and maintaining noise levels in compliance with Anaheim Municipal Code Chapter 6.70 (Sound Pressure Levels): 1) Staging and ancillary support activities for Public Assembly Events permitted Inside Angel Stadium shall be permitted within the Angel Stadium Parking Area (e.g. motor sport pits). 2) Minor Parking Lot Events subject to the following conditions: Planning and Building Department, Planning Services Division -15- PC2022-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Compliance with Anaheim Municipal Code Section 6.70 Sound Pressure Levels • Not located within 200 feet of residential uses • Operated between the hours of 5:30 a.m. to 11:00 p.m. 3) Minor Angel Stadium Parking Lot Area Events for up to 5,000 people shall include the following: parades, award shows, press conferences, festivals, farmers markets, charity events, graduation ceremonies, weddings, memorials, campouts/sleepovers, culinary shows, home and garden shows, blood drives, product demonstrations (e.g., ride and drive), runs and walks, photography, filming of content, parking lot rentals, public employee services training (such as, police and fire), food bank giveaways, and public and private vaccination events. 4)2) Major Angel Stadium Parking Lot Area Events shall be permitted subject to review and approval of a Special Event Permit (SEP). The SEP shall be filed with the Planning and Building Department at least three weeks prior to the event. 3) Ancillary support activities and staging for Public Assembly Events permitted Inside Angel Stadium (e.g. motor sport pits). 5)4) Other uses, activities and events as approved in writing by the Planning and Building Director. 10 Permits for the public display of fireworks and pyrotechnics shall be submitted for the review and approval of the Anaheim Fire Department not less than ten days prior to the proposed public display, and shall be accompanied by a detailed statement of the items of the proposed display. No items shall be displayed except as are contained in the statement. In granting the permit, the Fire Chief, or his/her designee, may eliminate any such items deemed hazardous, or impose conditions upon such permit as deemed reasonably necessary to protect the public peace, health and safety. Fire Department 11 All security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code). Police Department 12 Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the premises. Police Department 13 Prior to Public Assembly Events, Owner shall consult with the Anaheim Police Department Chief of Police or his or her designee to determine mutually agreed (i) minimum staffing levels of uniformed City of Anaheim Police Department -16- PC2022-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT (sworn) police officers necessary for crowd control and arrest purposes, and (ii) minimum staffing levels of City of Anaheim Traffic Control Assistants and traffic management personnel necessary for public safety and traffic control within the Angel Stadium Property and public streets immediately surrounding the Property. Owner shall provide the mutually agreed minimum staffing levels for Public Assembly Events at mutually agreed upon expense. 14 Adequate lighting of parking lots or parking structures, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Police Department 15 Owner shall patrol the area under their control in an effort to prevent the loitering of persons on the Property. Police Department 16 Any new landscaping in the Angel Stadium Parking Area shall be installed by the applicant in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code. Landscaping in the Angel Stadium Parking Area shall be replaced by the applicant in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building Department, Planning Services Division 17 Owner shall be responsible for maintaining the Property in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the Owner shall be removed or painted over within 72 hours of being detected by or reported to Owner. Planning and Building Department, Code Enforcement Division 18 Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged by Owner’s activities. Public Utilities Department, Water Engineering Division 19 Trash enclosures and/or compactors shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Public Works Department, Sanitation Division 20 The Coordinated Sign Program (CSP), to permit all existing freestanding signs outside of the Stadium, as shown on the Exhibits included with this CUP application, is hereby approved. Detailed sign plans shall be submitted to the Planning & Building Department to permit any new signs or modification to existing signs contained in the CSP. Planning and Building Department, Planning Services Division 21 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, Planning and Building Department, Planning Services Division -17- PC2022-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 22 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning and Building Department and as conditioned herein. Planning and Building Department, Planning Services Division -18- PC2022-064 EXHIBIT “C”