Resolution-PC 2022-074
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RESOLUTION NO. PC2022-074
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING A CONDITIONAL USE
PERMIT FOR DEVELOPMENT AREA 'F' OF THE MASTER SITE
PLAN APPROVED IN CONNECTION WITH THAT CERTAIN
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 2005-00008C, AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEVELOPMENT PERMIT NO. 2021-00131)
(CONDITIONAL USE PERMIT)
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 Angel Stadium and the Stadium Gateway Office Building were either developed
or renovated under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan ("MLUP"). The boundaries of the MLUP were generally the same as those
for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to the
Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part of the
approval process for the MLUP, the City Council also certified Final Environmental Impact Report
No. 321 and adopted Mitigation Monitoring Program No. 106. Development within the
boundaries of the MLUP was implemented through the Sports Entertainment Overlay Zone ("SE
Overlay Zone"), which permitted current uses to continue or expand within the provisions of the
existing zoning, while providing those who may want to develop sports, entertainment, retail, and
office uses with standards appropriate to those uses, including increased land use intensity.
Implementation of the SE Overlay Zone was projected to result in a net loss of 491,303 square feet
of industrial space and increases of 1,871,285 square feet of new office space, 452,026 square feet
of new retail space, and 991,603 square feet of new hotel space. Projects that were developed under
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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 aforementioned 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, also on October 25, 2005 and in response to the application of Lennar
Platinum Triangle, LLC (“Original Developer”), Don H. Watson, Trustee of the Don H. Watson
Family Trust, Julius Realty Corporation, Traffic Control Services, Inc., Joselito D. Ong and Renee
Dee Ong, Roger C. Treichler and Vicki Treichler, as Co-Trustees of the Treichler Family Trust,
the Robert Stovall Family Partnership, L.P. and Jennifer Leonard and Linda Gaffney, as tenants in
common (collectively referred to herein, along with the Original Developer, as the "Original
Owner") for entitlements allowing for the development of up to 2,681 residences with a mix of
housing types, including high rise residential towers, street townhomes, podium townhomes and
lofts, with 150,000 square feet of street-related retail commercial development, public park space
and associated infrastructure to be developed in four phases (the "Original Project") on certain real
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property consisting of approximately 43 acres and bounded by State College Boulevard on the
east, Gene Autry Way on the south, and Katella Avenue on the north (the "Property"), the City
Council determined that FSEIR No. 332, a revision to the Updated and Modified Mitigation
Monitoring Program No. 106A to add new mitigation measure MM 5.10-7 thereto, and an
Addendum to FSEIR No. 332, together with Mitigation Monitoring Plan No. 138, were,
collectively, 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.
The Property is generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference; and
WHEREAS, the entitlements for the Original Project consisted of (1) General Plan
Amendment No. 2005-00434, to amend Figure LU-4 of the Land Use Element of the General Plan
to re-designate an approximately 10.4-acre site from the "Office-High" land use designation to the
"Mixed-Use" land use designation; (2) Miscellaneous Case No. 2005-00111 to amend the
PTMLUP to incorporate an approximately 10.4-acre site into the Katella District of the PTMU
Overlay Zone; (3) Miscellaneous Case No. 2005-00116 to rescind, in part, City Council Resolution
No. 2004-00008 pertaining to Reclassification No. 2004-00127; (4) Reclassification No. 2005-
00164, to reclassify an approximately 10.4-acre site from the "I" Industrial Zone to the PTMU
Overlay Zone, meaning that the provisions of the PTMU Overlay Zone shall apply to the Property
in addition to and, where inconsistent therewith, shall supersede any regulations of the "I"
Industrial Zone; (5) Zoning Code Amendment No. 2005-00042, to incorporate an approximately
10.4-acre site into the Platinum Triangle; (5) Conditional Use Permit No. 2005-04999, permitting
residential tower structures up to 400 feet in height on a portion of the Property; (6) Development
Agreement No. 2005-0008; and (7) Tentative Tract Map No. 16859 for condominium purposes
(collectively, the “Original Development Approvals”); and
WHEREAS, on October 25, 2005, 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 November 8, 2005, which was recorded in the
Official Records of the County of Orange on December 13, 2005 as Instrument No.
2005000992876 (the "Original Development Agreement"); and
WHEREAS, in reliance on the Original Development Approvals, the Original Developer
constructed certain improvements on and about the Property in accordance with the design of Tract
Map No. 16859; 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
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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
WHEREAS, the Developer's request for an amendment to the Original Development
Agreement to extend the term for an initial period of five (5) years to an initial period of ten (10)
years and for revisions to the "Term Extension Milestones" was approved by the City Council on
December 16, 2008. Accordingly, on or about January 21, 2009, the City and Developer entered
into that certain Amendment No. 1 to the Original Development Agreement, which was recorded
in the Official Records on February 23, 2009 as Instrument No. 2009000081175 (“Amendment
No. 1”); 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.
1"), 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 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
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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-
11105 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
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, subsequent to recordation of Amendment No. 1, fee title interest in the
Property was transferred, and the Existing Development Agreement was assigned, to PT Metro,
LLC, a Delaware limited liability company (hereinafter referred to as the "Owner"); 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 the
Existing Entitlements for 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, the Developer's request for an amendment to Amendment No. 1 of the
Original Development Agreement to correspond with the changes to the Existing Entitlements was
approved by the City Council on October 20, 2015. Accordingly, on or about October 27, 2015,
the City and Developer entered into that certain Amended and Restated Development Agreement
No. 2005-00008, which was recorded in the Official Records on November 13, 2015 as Instrument
No. 2015000586936 (“Amended and Restated Development Agreement”); and
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WHEREAS, the Developer's request for an amendment to the Amended and Restated
Development Agreement to amend the Exhibit “G” Term Extension Milestones relative to the
timing and completion of residential units within the 5-year and 7.5-year anniversary periods was
approved by the City Council on June 12, 2018. Accordingly, on or about June 21, 2018, the City
and Developer entered into that certain Amendment No. 1 to the Amended and Restated
Development Agreement, which was recorded in the Official Records on May 3, 2019 as
Instrument No. 2019000148064(“Amendment No. 1 to the Amended and Restated Development
Agreement”); and
WHEREAS, the Original Development Agreement, Amendment No. 1, Amended and
Restated Development Agreement, and Amendment No.1 to the Amended and Restated
Development Agreement shall be referred to herein collectively as the "Existing Development
Agreement"; and
WHEREAS, the Existing Development Agreement, the Original Development Approvals,
General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015-00598, Zoning Code
Amendment No. 2013-00112, Amended and Restated Development Agreement No. 2005-
00008C, the Master Site Plan, and Tentative Tract Map No. 17703, shall be referred to herein
collectively as the "Existing Entitlements"; 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, Addendum No. 6 to FSEIR No. 339, dated October 2016 ("Addendum No.
6"), was prepared and considered by the City Council in connection with a proposed master
planned mixed-use project on a 14.8-acre (approximate) property located at the northeast corner
of State College Boulevard and Orangewood Avenue to permit 405 residential units; 77,000 square
feet of office; and 583,000 square feet of commercial uses including a 200-room hotel (the "LT
Platinum Center Project"). On October 25, 2016 the City Council adopted Ordinance No. 6387 to
approve a Development Agreement between the City of Anaheim and LTG Platinum LLC, to
develop the LT Platinum Center Project with a (1) General Plan Amendment 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 of amount of office space from 9,652,747 to 9,180,747 square feet. In addition,
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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, (2) amendment to the Platinum Triangle Master
Land Use Plan (PTMLUP) 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 consistent with the transfers and reductions described above, and modify the park and
street locations consistent with the proposed project, (3) a conditional use permit to allow the sale
of alcoholic beverages at various venues within the LT Platinum project; (4) a tentative tract map
to subdivide the project site into two parcels that correspond to the two Development Areas shown
on the proposed Master Site Plan for the project; and
WHEREAS, Addendum No. 7 to FSEIR No. 339, dated March 2017 (“Addendum No. 7”)
was prepared and considered by the City Council in connection with the Gene Autry Way and
State College Boulevard Improvement Projects to widen Gene Autry Way from four lanes to six
lanes with medians and storm drain and stormwater improvements; widen the west side of State
College Boulevard between Gateway Office and Artisan Court to accommodate a southbound
right‐turn lane and a third through‐ lane; make improvements to the east side of the intersection of
State College Boulevard at Gene Autry Way, which is the west entrance to Angel Stadium of
Anaheim; and construct 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 April 10, 2018, (“Addendum No.
8”) was prepared and considered by the City Council in connection with the Platinum Triangle
Expansion Project which included roadway improvements specified in the Platinum Triangle
Implementation Plan (PTIP). The Approved Project included the widening of Orangewood
Avenue from a four‐lane divided primary arterial to a six‐lane divided primary arterial between
State College Boulevard and State Route 57 (SR‐57). It also included an extension of the Class II
Bikeway on Orangewood Avenue from east of State College Boulevard to the eastern City limit
(via West Dupont Drive and private properties); and
WHEREAS, Addendum No. 9 to FSEIR No. 339, dated May 17, 2022, (“Addendum No.
9”) was prepared and considered by the City Council in connection with the widening of
Orangewood Avenue from a five‐lane roadway to a six‐lane divided facility to provide expanded
vehicle, bicycle, and pedestrian access; incorporate an additional westbound through lane; and
widen the existing Orangewood Avenue bridge structure over the Santa Ana River. It also included
a change to the jurisdictional boundaries between the City of Anaheim and the City of Orange, and
amendments to the General Plan, Zoning Map, Platinum Triangle Master Land Use Plan, and other
related documents to reflect the new City boundary; and
WHEREAS, Chapter 18.66 (Conditional Use Permits) of the Anaheim Municipal Code
requires conditional use permits to be reviewed and approved by the Planning Commission at a
noticed public hearing to make a finding of fact, by resolution, to verify compliance with Section
18.66.060 (Findings) of the Anaheim Municipal Code; and
WHEREAS, the Planning Commission of the City of Anaheim did receive a verified
petition for a conditional use permit to allow for ground-mounted utility facilities within the
interior structural setback and to allow ground-floor private residential patios to encroach into the
required setback between buildings in Development Area F of the Lennar A-Town development
in the Platinum Triangle in the City of Anaheim, County of Orange, State of California, as
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generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property"); and
WHEREAS, in connection with the conditional use permit, and environmental checklist
review was prepared in order to determine whether any significant environmental impacts which
were not identified in the previously-approved FSEIR No. 339 Addendum No. 4 would result or
whether previously identified significant impacts would be substantially more severe. The analysis
in the environmental checklist review did not identify any changes in circumstances involving the
conditional use permit; therefore, the conditional use permit would not result in new impacts or
impacts of greater severity than those previously identified in SEIR No. 339. No new information
of substantial importance is available now which was not known and could not have been known
with the exercise of reasonable diligence at the time of the certification of SEIR No. 339. No new
mitigation measures or alternatives that were previously determined to be infeasible are now
feasible. Therefore, no new impacts on human beings would occur because of the conditional use
permit, and the level of impact would not increase from that identified in SEIR No. 339. FSEIR
No. 339, and Addenda, together with Mitigation Monitoring Program 106C approved in
conjunction with FSEIR No. 339, and Mitigation Monitoring Plan No. 321 for the Existing
Entitlements collectively constitute the environmental documentation under and pursuant to the
California Environmental Quality Act of 1970, as amended ("CEQA"), the State of California
Guidelines for Implementation of the California Environmental Quality Act (herein referred to as
the "State CEQA Guidelines"), and the City's CEQA Procedures relating to the Existing
Entitlements and shall be referred to herein collectively as the "CEQA Documents"; and
WHEREAS, on July 6, 2022, 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 for and
against the proposed conditional use permit and to investigate and make findings in connection
therewith; and
WHEREAS, by the adoption of this Resolution and pursuant to the provisions of CEQA,
the State CEQA Guidelines, and the City's CEQA Procedures, this Planning Commission finds
and determines the following:
1. That Addendum No. 4 together with the CEQA Documents collectively
constitute the environmental documentation under and pursuant to CEQA relating to the
final site plan; and
2. That, pursuant to the findings contained in this resolution, the CEQA Documents
satisfy all of the requirements of CEQA and are adequate to serve as the required
environmental documentation for the conditional use permit and, together with Mitigation
Monitoring Program No. 321, should be approved and adopted; and
3. That no further environmental documentation needs to be prepared under CEQA
for the conditional use permit.
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 conditional use permit on the Property does find
and determine the following facts:
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1. The proposed request to permit the conditional use permit 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; and
2. The proposed request to permit the conditional use permit 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 conditional use permit will continue to further the vision of the Platinum
Triangle by contributing to an overall urban design framework ensuring that the appearance and
effects of buildings, improvements, and uses are harmonious with the character of the area in which
they are located; and
3. The size and shape of the site is adequate to allow the full development of the
conditional use permit in a manner not detrimental to either the particular area or health and safety
because the site will accommodate the parking, traffic flows, and circulation without creating
detrimental effects on adjacent properties. Additionally, the plans indicate landscaping between
the street and the ground-mounted utility facilities as required by Code; and
4. That the conditional use permit will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because the request to allow
for ground-mounted utility facilities within the interior structural setback will not produce any
additional traffic beyond what was analyzed and approved in FSEIR No. 339 and Addenda and
what was approved in the Existing Entitlements; 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 the conditional use permit would further the
objectives of the Platinum Triangle Mixed Use Overlay Zone, subject to compliance with the
conditions contained herein.
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, pursuant to the above findings and based upon
a thorough review of the proposed conditional use permit, Addendum No. 4, the other CEQA
Documents, and the evidence received to date, does hereby approve and recommends that the
Planning Commission approve the conditional use permit, in the form presented at the meeting at
which this Resolution was adopted, contingent upon and subject to the approval of the associated
(1) final site plan, now pending, (2) the mitigation measures set forth in Mitigation Monitoring
Program 106C approved in conjunction with FSEIR No. 339 and Mitigation Monitoring Plan No.
321; and (3) 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
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EXHIBIT "B"
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT
(DEVELOPMENT PERMIT NO. 2021-00131)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
GENERAL
1 The project landscape frontage along Union Street shall be developed
substantially in accordance with plans and specifications submitted to the
City of Anaheim by the petitioner, which plans are on file with the Planning
Division, and as conditioned herein.
Planning and Building
Department
Planning Services
Division
2 All new landscaping shall be installed in conformance with Chapter 18.46
“Landscape and Screening” of the Anaheim Municipal Code and shall be
maintained in perpetuity. Landscaping shall be replaced in a timely
manner in the event that it is removed, damaged, diseased, and/or dead.
Planning and Building
Department,
Planning Services
Division
3 The project is expressly conditioned upon the applicants' indemnifying and
holding harmless the City, its agents, officers, council members,
employees, boards, commissions and their members and the City Council
from any claim, action or proceeding brought against any of the foregoing
individuals or entities, the purpose of such litigation being to attack, set
aside, void or annul any approval of the application or related decision, or
the adoption of any environmental documents which relates to the approval
of the Proposed Actions. This indemnification shall include, but is not
limited to, all reasonable damages, costs, expenses, attorney fees or expert
witness fees that may be awarded to the prevailing party, and costs of suit,
attorneys' fees, and other costs, liabilities and expenses arising out of or in
connection with the approval of the application or related decision, whether
or not there is concurrent, or passive negligence on the part of the City, its
agents, officers, council members, employees, boards, commissions and
their members and the City Council. The property owner/developer shall
have the right to select legal counsel. The City shall have the right to
approve, which approval will not be unreasonably withheld, the legal
counsel providing the City’s defense, and the applicant shall reimburse the
City for any costs and expenses reasonably incurred by the City in the
course of the defense. No later than 30 (thirty) days following the City
Council's adoption of the Ordinance adopting Development Agreement
No. 2005-00008, the legal property owner shall provide a letter to the City
satisfactory to the City Attorney's Office memorializing the foregoing.
Planning and Building
Department /
City Attorney’s Office
4 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,
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.
Planning and Building
Department,
Planning Services
Division
-13- PC2022-074
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
5 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 Department.
Planning and Building
Department,
Planning Services
Division