Resolution-PC 2023-008RESOLUTION NO. PC2023-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING A CONDITIONAL USE
PERMIT FOR DEVELOPMENT AREA'D' 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 PROJECT NO. 2022-00046)
(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
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 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, since certification of FSEIRNo. 332, two addendums to the FSEIR have been
adopted for the following projects: (1) Addendum No. 2. (June 2007); and (2) Addendum No. 3.
Platinum Tower Project (August 2007); and
WHEREAS, on August 21, 2007, the Anaheim City Council certified Final EIR (State
Clearinghouse Number 2006111120) and adopted Mitigation Monitoring Program No. 143
("FEIR No. 2006-00335") (2007 Certified FEIR) in conjunction with the approval of the Gene
Autry Experience mixed-use project; and
WHEREAS, in 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 (the "Platinum Triangle Expansion Project'); and
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WHEREAS, on December 11, 2007, the City Council certified Final Subsequent Environmental
Impact Report No. 334 ("FSEIR No. 334") and in April 2008 reapproved FSEIR No. 334 in
connection with 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, on September 28, 2010, the City Council certified the Anaheim Regional
Transportation Intermodal Center (ARTIC) Final EIR No. 2010-00343 (State Clearinghouse No.
2009071071) and adopted a Mitigation Monitoring Plan in support of the ARTIC project ("FEIR
No. 343"). Since certification of FEIR No. 343, two addenda have been adopted for the following
projects: (1) Addendum No. 1. ARTIC Conditional Use Permit No. 2010-05492 (May 2012); and
(2) Addendum No. 2. ARTIC Special Sign District (February 2015); 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, SEIR No. 339 tiered off of FSEIR No. 332. Since certification of FSEIR No.
339, eleven addenda have been adopted for the following projects: (1) Addendum No. 1, Katella
Avenue/Interstate 5 (April 2012); (2) Addendum No. 2, Platinum Gateway Project (December
2012); (3) Addendum No. 3, Platinum Vista Apartments Project (August 2014); (4) Addendum
No. 4, Amended A -Town Metro Project (August 2015); (5) Addendum No. 5, Jefferson Stadium
Park Project (June 2016); (6) Addendum No. 6, LT Platinum Center (August 2016); (7) Addendum
No. 7, Gene Autry Way and State College Boulevard Improvements Project (March 2017); (8)
Addendum No. 8, Orangewood Avenue Improvement Project (State College Boulevard to the
Santa Ana River) (March 2018); (9) Addendum No. 9, Orangewood Avenue Improvements from
the Santa Ana River to the East of SR -57 (May 2022); (10) Addendum No. 10, — 710 E Katella
(proposed project application was withdrawn December 2021); (11) Addendum No. 11— OC Vibe
Project (August 2022); and (12) Addendum No. 12, — Anaheim Fire Station No. 12 (August 2022).
All eleven
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WHEREAS, on April 3, 2012, the Anaheim City Council certified Final EIR No. 2011-
00344 (State Clearinghouse No. 2011091007) and adopted Mitigation Monitoring Plan No. 303
(MMP 303) ("FEIR No. 344") in conjunction with the Honda Center Enhancement Project and
associated actions; 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, 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
WHEREAS, on February 7, 2017, the City Council approved a Mitigated Negative
Declaration and Mitigation Monitoring Plan No. 339 ("2017 MND") to permit 153 single-family,
attached condominium units in conjunction with adoption of amendments to the General Plan and
the PTMLUP and other project actions which established the development intensities for the
PTMU Overlay Zone as 17,501 dwelling units; 4,782,243 square feet of commercial; 13,490,233
square feet of office; and 1,500,000 of square feet of institutional land uses; and
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.l 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, 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 the transfer of 38 residential units from Development
Area F to Development Area D of the A -Town Project in the Platinum Triangle in the City of
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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, in connection with Development Project No. 2022-00046, an 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 Development Project No. 2022-00046; therefore, Development Project
No. 2022-00046 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 would occur because of the Development Project No. 2022-00046, 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 March 27, 2023, 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 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 CEQA Procedures, this Planning Commission has found and determined and has
recommended that the City Council so find and determine 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
Proposed New Entitlements and the Revised Project; and
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 Development Project No. 2022-00046 and the
Existing Entitlements and, together with Mitigation Monitoring Program No. 321 for the
Existing Entitlements, should be approved and adopted; and
3. That no further environmental documentation needs to be prepared under CEQA
for Development Project No. 2022-00046.
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
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offered at said hearing with respect to the request for a conditional use permit on the Property does
find and determine the following facts:
1. The proposed request is for 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 for a 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 a 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; and
4. 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 transfer 38
residential units from Development Area F within the A -Town Project to the subject property 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 proposed Development Project No. 2022-00046, Addendum No. 4, the other
CEQA Documents, and the evidence received to date, the Planning Commission does hereby
approve Development Project No. 2022-00046, in the form presented at the meeting at which this
Resolution was adopted, contingent upon and subject to the approval of (1) the final site plan for
Development Area C and D of the approved A -Town Project, 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
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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.
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 relating to the propose Amended and Restated Development
Agreement No. 2005-00008C. 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
March 27, 2023.
IRPERSON, PLANN COMMISSION
OF THE CITY OF ANAHEI
ATTEST:
%'Y�y-N
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2022-00046
APN: 232-121-31
232-121-32
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Feet Please note the accuracy is +/-!<yo to five feet.
PC2023-008
EXHIBIT "B"
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT OF
DEVELOPMENT PROJECT NO. 2022-00046
PC2023-008
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
project shall be developed substantially in accordance with plans and
Planning and Building
ifications submitted to the City of Anaheim by the applicant, which
Department
1from
s are on file with the Planning Division, and as conditioned herein.
Planning Services
Division
project is expressly conditioned upon the applicants'indemnifying and
Planning and Building
ing harmless the City, its agents, officers, council members,
Department /
loyees, boards, commissions and their members and the City Council
City Attorney's Office
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.
3
The Applicant/Owner is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department /
issuance of the final invoice or prior to the issuance of building permits for
City Attorney's Office
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.
PC2023-008
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, 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 March 27, 2023, by the following vote of the members
thereof:
AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Lieberman,
Perez, Tran -Martin, and Walker
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 2r day of March, 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-008