RES-2024-113RESOLUTION NO. 2 0 2 4 -113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO A
PREVIOUSLY -APPROVED MINOR CONDITIONAL USE
PERMIT FOR THE OCVIBE COORDINATED SIGN PROGRAM
AND MURALS, AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2023-00050)
WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive
a verified application from Anaheim Real Estate Partners, LLC for the proposed Amendment No.
1 to the OCVIBE Master Site Plan (the "Proposed Project") on certain real property, generally
bounded by State Route 57 (SR-57) to the west (excluding the parcel at the southwest corner of
Katella Avenue and Douglass Road), the Santa Ana River to the east, the confluence of the SR-57
and Santa Ana River to the south, and the Southern California Edison easement to the north,
located in the City of Anaheim, County of Orange, State of California, as generally depicted on
Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 100 acres in size. The development
standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone)
of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project. The Property is
designated on the Land Use Element of the General Plan for Mixed -Use Urban Core land uses;
and
WHEREAS, on September 27, 2022, and October 4, 2022, the City Council approved
Addendum No. 11 associated with the OCVIBE Mixed Use Project, including General Plan
Amendment No. 2020-00532; Miscellaneous Case No. 2020-00739; Reclassification No. 2020-
00333; Zoning Code Amendment No. 2020-00174; Development Agreement No. 2020-00004
including Master Site Plan (Miscellaneous Case No. 2020-00751), a request for Density Bonus
and Development Incentives, and Deviation from Engineering Standard Details; Final Site Plan
No. 2020-00004; Final Site Plan No. 2020-00005; Final Site Plan No. 2020-00006; Final Site Plan
No. 2020-00007; Final Site Plan No. 2020-00008; Conditional Use Permit No. 2010-05492
Amendment; Conditional Use Permit; Minor Conditional Use Permit; and Tentative Tract Map
No. 19153, including Street Name Change; and
WHEREAS, the Proposed Project includes amendments to the OCVIBE Master Site
Plan (DEV2020-00125) in the Platinum Triangle to demolish the Arena Corporate Center office
buildings and construct up to 750 additional residential units including affordable units with a
density bonus and up to 325,000 square feet (s.f.) of office space; remove the previously -approved
pedestrian bridge from Parking Deck C across Douglass Road; remove the previously -approved
Meadow Amphitheater; and dedicate additional public park space area. The request includes the
following land use entitlements, collectively referred to as Amendment No. 1 to the OCVIBE
Master Site Plan:
1. An amendment to the General Plan Land Use and Green Elements to modify the
total amount of development permitted in the Platinum Triangle to increase the amount of
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residential development to 18,476 dwelling units, decrease the amount of office development to a
range of 7,182,427 s.f. to 7,407,427 s.f.; increase the size of the Public Park (Meadow Park) from
4-acres to 4.85-acres; update the Bicycle Master Plan to reflect bicycle facility changes associated
with the previously -approved removal and addition of streets; and, revise maps, figures, text, and
tables throughout the General Plan to conform to the proposed changes.
2. An amendment to the PTMLUP to modify the permitted amount of development
within the Platinum Triangle Mixed Use (PTMU) Overlay Zone to up to 18,476 residential
dwelling units, decrease the amount of office development to a range of 7,182,427 s.f. to 7,407,427
s.f.; modify appendices for the OCVIBE Sign and Identity Program and PTMU Overlay Zone
District Sub -Area Development Intensities; and, revise figures, text, and tables throughout the
PTMLUP to conform to the proposed changes.
3. Amendments to Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay
Zone) and Chapter 18.38 (Supplemental Use Regulations) of the Anaheim Municipal Code. The
proposed amendments would amend definitions, development intensities, development standards,
and procedures to regulate development within the PTMU Overlay Zone, including within the
Arena and Transit Districts.
4. An amendment to Development Agreement No. 2020-00004 between the City of
Anaheim and Anaheim Real Estate Partners, LLC including an amendment to Master Site Plan
(MIS2 020-0075 1) to amend the boundaries of Arena District Sub -Areas D1 and D2; amend the
development intensities associated with residential and office development within Sub -Areas D 1
and D2; provide a process for the potential removal of the previously -approved pedestrian bridge
from Parking Deck C across Douglass Road; remove the previously -approved Meadow
Amphitheater; dedicate additional park space in Transit District Sub -Area B; modify the request
for Density Bonus and Development Incentives pursuant to Chapter 18.52 (Housing Incentives)
of the Anaheim Municipal Code; increase the number of allowed residential units and the number
of required affordable units; increase the off -site park contribution fee, and modify terms related
to CFD 08-1 including annexing parcels into CFD 08-1 providing partial funds for a new fire
station and the proposed River Road.
5. An amendment to previously approved Conditional Use Permit (DEV2020-00125)
to add a banquet facility to the list of conditionally permitted uses within the OCVIBE project,
which currently allows Alcoholic Beverage Manufacturing, Alcoholic Beverage Sales — Off -Sale
and On -Sale, Bars and Nightclubs, Entertainment Venues, Farmer's Market, Recreation
Commercial -Outdoor and -Indoor, Retail Sales -Outdoor, Murals, and Wine Bar.
6. A modification to the OCVIBE Coordinated Sign Program and Mural Plan
previously approved under a minor conditional use permit and;
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 23, 2024, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence concerning the contents and sufficiency
of Addendum No. 13 and for and against the Proposed Project and to investigate and make findings
and recommendation in connection therewith; and
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WHEREAS, by Resolution No. PC2024-028, considered and approved by the Planning
Commission, at said public hearing and based upon its independent review, analysis, and
consideration of the environmental information contained in Addendum No. 13 to the previously -
certified Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339) and its
Addenda, including Addendum No. 11 and Mitigation Monitoring Plan No. 383 (MMP No. 383);
Mitigation Monitoring and Reporting Program No. 106C (MMP No. 106C); and other previously -
approved environmental documents for development in the Platinum Triangle area, and
determined that (i) Addendum No. 13 was prepared for the Proposed Project in compliance with
the requirements of CEQA and the State CEQA Guidelines; (ii) Addendum No. 13 to the
previously -certified Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339) and
its Addenda, including Addendum No. 11 and Mitigation Monitoring Plan No. 383 (MMP No.
383); Mitigation Monitoring and Reporting Program No. 106C (MMP No. 106C); and other
previously -approved environmental documents for development in the Platinum Triangle area are
the appropriate environmental documentation for the Proposed Project; (iii) MMP No. 383 remains
valid for the OCVIBE mixed use project (DEV2020-00125) inclusive of Amendment No. 1 to the
OCVIBE Master Site Plan (DEV2023-00050); (iv) none of the conditions described in Section
15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or
supplemental EIR or negative declaration have occurred; and (v) no further documentation is
required by CEQA for the Proposed Project;; and
WHEREAS, after due inspection, investigation and study made by itself, and in its
behalf, and after due consideration of, and based upon, all evidence and reports offered at said
hearing relating to the Proposed Project, the Planning Commission, by motion, recommended that
the City Council approve an amendment to the previously -approved Minor Conditional Use
Permit, in the form presented at this meeting, contingent upon and subject to the adoption by the
City Council of (1) ordinances approving and adopting amendments to Chapters 18.20 and 18.38
of the Anaheim Municipal Code and the Amended and Restated Development Agreement No.
2020-00004 and (2) resolutions approving amendments to the General Plan, Platinum Triangle
Master Land Use Plan, and Conditional Use Permit, as proposed as part of DEV2023-00050; and
WHEREAS, upon receipt of Planning Commission's recommendation, the City
Council did fix the 29 day of October, 2024, as the time, and the City Council Chamber in the
Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of
considering Addendum No. 13 to the previously -certified Final Subsequent Environmental Impact
Report No. 339 (FSEIR No. 339) and its Addenda, including Addendum No. 11 and Mitigation
Monitoring Plan No. 383 (MMP No. 383), and did give notice thereof in the manner and as
provided by law; and
WHEREAS, on October 29, 2024 the City Council did hold and conduct such public
hearing and did give all persons interested therein an opportunity to be heard, and did receive
evidence and reports and did consider the Proposed Project, including recommendations of the
Planning Commission, Addendum No. 13 and MMP No. 383; and
WHEREAS, by Resolution No. 2024-109, considered and approved by the City
Council concurrently with but prior in time to consideration of this Resolution, the City Council
finds that (i) Addendum No. 13 was prepared for the Proposed Project in compliance with the
requirements of CEQA and the State CEQA Guidelines; (ii) Addendum No. 13 to the previously -
certified Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339) and its
Addenda, including Addendum No. 11 and Mitigation Monitoring Plan No. 383 (MMP No. 383);
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Mitigation Monitoring and Reporting Program No. 106C (MMP No. 106C); and other previously -
approved environmental documents for development in the Platinum Triangle area are the
appropriate environmental documentation for the Proposed Project; (iii) MMP No. 383 remains
valid for the OCVIBE mixed use project (DEV2020-00125) inclusive of Amendment No. 1 to the
OCVIBE Master Site Plan (DEV2023-00050); (iv) none of the conditions described in Section
15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or
supplemental EIR or negative declaration have occurred; and (v) no further documentation is
required by CEQA for the Proposed Project; and
WHEREAS, on the basis of the data and analysis set forth in the staff report and
associated documents presented to it, testimony for and against the Proposed Project and
comments by members of the City Council, and after due consideration, 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 for the amendment to a Minor Conditional Use
Permit, does hereby find and determine as follows:
1. The request to amend a previously -approved permit for a Coordinated Sign
Program and murals is properly one for which a conditional use permit is authorized in the
Platinum Triangle Mixed Use (PTMU) Overlay Zone pursuant to Section 18.20.150 (Signs) of the
Code.
2. The request to amend the previously -approved OCVIBE Coordinated Sign
Program and murals, under the conditions imposed, would not adversely affect the surrounding
land uses and the growth and development of the area in which it is proposed to be located because
the Property is proposed to be developed with a mixed -use project and would enhance the
streetscapes of the public streets, private streets, pedestrian plazas and open spaces through a
consistent, and high -quality collection of signs that complement the architectural variety of
buildings throughout the project. The Mural Plan provides architectural enhancements to buildings
and provides screening for utility equipment.
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and general
welfare of the public because the Property is proposed to be improved with a mixed -use
development consistent with the General Plan and PTMLUP.
4. The traffic generated by permitting these uses would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area based on the
Traffic Impact Analysis prepared for the Proposed Project, which include the OCVIBE
Coordinated Sign Program and murals.
5. The granting of this amendment to a previously -approved Minor Conditional Use
Permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens
of the City of Anaheim because the proposed OCVIBE Coordinated Sign Program and murals
would be compatible and appropriate within an urban environment in a manner that is adequate to
allow the full development of the signs; and
WHEREAS, this City Council, 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 Proposed Project, specifically, with respect to the request for approval
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of a Coordinated Sign Program, a copy of which has been presented to the City Council and is on
file in the Planning Department and incorporated herein by this reference as though fully set forth,
does hereby find and determine as follows:
1. The OCVIBE Coordinated Sign Program enhances the streetscapes of the public
streets, private streets, pedestrian plazas and open spaces through a consistent, and high -quality
collection of signs that complement the architectural variety of buildings throughout the project.
2. The signs are designed in size, scale and style to complement each other and the
scale of the surrounding buildings; and
WHEREAS, this City Council 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 presentations, the staff report, and all materials
in the Proposed Project files. There is no substantial evidence, nor are there other facts, that negate
the findings made in this Resolution. This City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented to
it.
NOW, BE IT RESOLVED that pursuant to the above findings, this City Council does
hereby approve the amendment to the Minor Conditional Use Permit, contingent upon and subject
to the conditions of approval, as amended, set forth in Exhibit B attached hereto and incorporated
herein by this reference, which replace in their entirety the conditions of approval set forth in
Exhibit C of Resolution No. 2022-107, which are hereby found to be a necessary prerequisite to
the proposed use of the Property for which the Minor Conditional Use Permit is applicable in order
to preserve the health, safety and general welfare of the citizens of the City of Anaheim, in the
form presented at this meeting, contingent upon and subject to the approval of (1) General Plan
Amendment; (2) Platinum Triangle Master Land Use Plan Amendment; (3) Zoning Code
Amendment; (4) Amended and Restated Development Agreement; (5) Conditional Use Permit
Amendment; (6) Addendum No. 13; (7) the mitigation measures set forth in MMP No. 383; and
(8) the conditions of approval set forth in the Development Agreement 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. 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.
BE IT FURTHER RESOLVED that extensions for further time to complete 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, (ii) the modification complies with the Code, and (iii) the applicant has
demonstrated significant progress toward establishment of the use or approved development.
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.
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BE IT FURTHER RESOLVED that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval)
and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that this City Council 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 jurisdiction,
then this Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the City Council does hereby find and determine
that adoption of this Resolution is expressly predicated upon compliance with each and all of the
conditions set forth in a separate resolution of this City Council adopted substantially concurrently
with this Resolution relating to the proposed Amended and Restated Development Agreement No.
2020-00004. 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 is approved and adopted by the City Council of
the City of Anaheim this 29 day of October, 2024, by the following roll call vote.
AYES: Mayor Aitken and Council Members Kurtz, Diaz,
Leon, Rubalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
&9 W-L--J
MAYOR OF , * CITY OF ANAHEIM
ATET
'ITY C ERK OF THE CITY OF ANAHEIM
M
EXHIBIT "A"
PROPERTY
APN:
386-521-14, 386-521-16, 386-521-17,
386-521-20, 232-071-03, 232-072-06,
232-072-07, 232-072-09, 253-601-02, g ry SS5'
253-601-03, 253-521-17, 253-521-30,
253-521-31, 253-521-32, 253-521-33, M 1188'
253-521-34, 253-521-35, 253-521-37, 1462'
253-631-27, 253-631-28, 253-631-29 �— •.�
c
N
35"
I�
4 60' 559'_
E KATELLA AVE
0 360
— roc
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONS OF APPROVAL
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
1
Proposed signs shall be in accordance with the OCVIBE
Planning and
Coordinated Sign Program. Modifications to the number, size
Building Department,
and/or location of proposed signs visible from the public right of
Planning Services
way shall be submitted for review and approval by the Planning and
Division
Building Director to determine compliance with the design intent of
the OCVIBE Coordinated Sign Program.
2
Additional advertising signs oriented toward the public right of way
Planning and
shall not be permitted except for those signs identified in the Arena
Building Department,
Special Sign District, Transit Special Sign District, and/or OCVIBE
Planning Services
Coordinated Sign Program.
Division
3
That final plans showing the location, size, height and area of any
Planning and
proposed mural depicted on the Master Site Plan shall be submitted
Building Department,
to the Planning & Building Director for review and approval prior
Planning Services
to installation. Any future alterations or change out shall be
Division
submitted for review and approval for compliance with the approved
Minor Conditional Use Permit.
4
Prior to the commencement of any valet operations, a Valet
Planning and
Operations Plan shall be submitted to the Traffic Engineering and
Building Department,
Planning Services Divisions for review and approval. Valet
Planning Services
operations on each property shall be operated in accordance with the
Division
Valet Operations Plan submitted as part of the application. Any
changes to the Valet Operations Plan(s) shall be subject to review
Public Works
and approval by the Planning Director and Traffic Engineer to
Department,
determine that the change(s) would not have a negative impact to
Traffic Engineering
the adjacent streets and surrounding uses. The plan shall be
Division
consistent with the overall Parking Management Plan for the
project.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2024-113 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 291 day of October, 2024 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava,
Faessel and Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of October. 2024.
0--C17V:V'CLrRK OF THE CITY OF ANAHEIM
(SEAL)