Resolution-PC 2012-062RESOLUTION NO. PC2012 -062
A RESOLUTION OF THE ANAHEIM CITY PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL AMEND THE PLATINUM TRIANGLE MASTER
LAND USE PLAN (MISCELLANEOUS CASE NO. 2012 - 00553)
(LNR PLATINUM STADIUM, LLC)
WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 and State Route (SR) 57 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 Amtrak/Metrolink Station, 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 Anaheim City Council (the "City Council ") has approved
several actions relating to the area encompassed by the Platinum Triangle; and
WHEREAS, on May 30, 1996, the Anaheim City Planning Commission (the 'Planning
Commission ") 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, which entitled a total of 119,543
seats for new and/or renovated stadiums, 750,000 square feet of urban entertainment/retail uses,
a 500 -room hotel (550,000 square feet), a 150,000- square -foot exhibition center, 250,000 square
feet of office development and 15,570 on -site parking spaces. The Grove of Anaheim, the
renovated Angel Stadium and the Stadium Gateway Office Building were developed/renovated
under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan (MLUP). The boundaries of the MLUP were generally the same as those
for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to the
Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part of the
approval process for the MLUP, the City Council also certified Final Environmental Impact
Report No. 321 and adopted Mitigation Monitoring Program No. 106. Development within the
boundaries of the MLUP was implemented through the Sports Entertainment (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 this 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
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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 project area 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 (FEIR) No. 330, 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 Plan No. 106 for the Platinum Triangle; and
WHEREAS, in order to provide the implementation tools necessary to realize the City's
new vision for the Platinum Triangle, on August 17, 2004, 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 (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 of Anaheim; and
WHEREAS, on October 25, 2005, the City Council approved amendments to the General
Plan, the PTMLUP, and the PTMU Overlay Zone to increase 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 certified Final Subsequent
Environmental Impact Report (FSEIR) No. 332, including Updated and Modified Mitigation
Monitoring Plan No. 106A for the PTMLUP as the required environmental documentation for
said amendments; and
WHEREAS, on January 8, 2008, City Council approved a Development Agreement
(Development Agreement No. 2006 - 00002) (the "Development Agreement') to govern the
development of an approximate 15.6 -acre project for an 878 -unit residential project consisting of
six development areas, two public parks, new public connector streets and related infrastructure
located within the Platinum Triangle at 2050 State College Boulevard and 2015 -2125 East
Orangewood Avenue; and determined that previously - certified FSEIR No. 332, together with its
second Addendum and Mitigation Monitoring Program No. 106A and Mitigation Monitoring
Plan No. 142, were adequate to serve as the required environmental documentation for the
project described in the Development Agreement; and
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WHEREAS, following the certification of FSEIR No. 332, the City Council approved
two addendums 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 to 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, as required by law, the City Council certified Final Subsequent
Environmental Impact Report for the Platinum Triangle Expansion Project ( FSEIR No. 334),
including Updated and Modified Mitigation Monitoring Plan No. 106B for the PTMLUP, in
December 2007 and again in April as the required environmental documentation for said
amendments and related zoning reclassifications; and
WHEREAS, following the approval of FSEIR No. 334, a lawsuit was filed challenging
the adequacy of FSEIR No. 334. In consideration of the City's exemplary historical record in
avoiding CEQA litigation and its commitment to proper environmental review, the City Council
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 October 26, 2010, the City Council approved amendments to the General
Plan, the PTMLUP, the PTMU Overlay Zone, and related zoning reclassifications to increase the
allowable development intensities within the PTMU Overlay Zone to 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 Final Subsequent Environmental
Impact Report for the Revised Platinum Triangle Expansion Project (FSIER No. 339) and
Updated and Modified Mitigation Monitoring Plan No. 106C for the PTMLUP as the required
environmental documentation for said amendments and related zoning reclassifications; and
WHEREAS, on June 7, 2011, the City Council approved an amendment to the PTMLUP
to allow to allow diagonal parking on Connector Streets subject to the review and approval of the
City Engineer; and
WHEREAS, on July 3, 2012, LNR Platinum Stadium, LLC, a Delaware limited liability
company, requested an amendment to the Development Agreement ( "Amended and Restated
Development Agreement No. 2006 - 00002 ") in order to (i) modify the site design and product
type, (ii) reduce the total number of residential units from 878 to 525 units within eight buildings
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up to 4- stories in height with subterranean parking and related amenities, (iii) revise the public
park and the Connector Street locations, and (iv) permit a smaller park than allowed by the
Anaheim Municipal Code, which necessitate amendments to Chapter 1, Figure 3 (General Plan
Designations), Chapter 2, Figure 4 (Platinum Triangle Urban Design Plan), Chapter 3, Figure 5
(Mixed Use and Office Districts), Chapter 4, Figure 20 (Landscape Concept Plan) and Figure 21
(Cross Section Key Map), which are referred to as Miscellaneous Case No. 2012 -00553 and
collectively referred to herein as the " PTMLUP Amendments." A complete copy of the
PTMLUP Amendments is on file with and can be viewed in the Planning Department of the City
of Anaheim at 200 S. Anaheim Blvd., First Floor, Anaheim, California; and
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the ('Planning Commission ") conducted a public hearing for the proposed PTMLUP
Amendments, along with General Plan Amendment No. 2012 - 00485, the Amended and Restated
Development Agreement (referenced in said notice as Amendment No. 2 to Development
Agreement No. 2006 - 00002), Variance No. 2012 -04909 and revised Tentative Tract No. 16860,
at the Civic Center in the City of Anaheim on September 10, 2012, at 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, and considered information presented by City staff and evidence
for and against said entitlements; and
WHEREAS, this Planning Commission, after due consideration, inspection, investigation
and study made by itself, and after due consideration of all evidence and reports offered at said
hearing, does hereby find and determine as follows:
1. The Planning Commission has recommended that the City Council approve the
PTMLUP Amendments in the form presented at this meeting.
2. The proposed PTMLUP Amendments are consistent with the goals and policies
established for the development of the Platinum Triangle as set forth in the City of Anaheim
General Plan.
3. The proposed PTMLUP Amendments are consistent with the goals and policies
established for the PTMLUP.
4. That the proposed PTMLUP Amendments will result in development of desirable
character that will be compatible with existing and proposed development in the surrounding
area.
5. That the proposed PTMLUP Amendments respects environmental, aesthetic and
historic resources consistent with economic realities.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby recommend that the City Council approve
and adopt the proposed PTMLUP Amendments (i.e., Miscellaneous Case No. 2012- 00553) in the
form presented at this meeting.
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BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon compliance with each and
all of the conditions set forth in the Development Agreement, as amended. Should any such
condition, or any part thereof, be declared invalid or unenforceable by a final judgment of any
court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be
deemed null and void.
WHEREAS, this Planning Commission finds and determines that (i) Final
Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 304,
serves as the appropriate environmental documentation for the proposed PTMLUP Amendments
(i.e., Miscellaneous Case No. 2012- 00553) and satisfies all the requirements of the California
Environmental Quality Act ( "CEQA "); (ii) none of the conditions described in Sections 15162 or
15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental
EIR have occurred in connection with the proposed PTMLUP Amendments (i.e., Miscellaneous
Case No. 2012 - 00553); and (iii) no further environmental documentation needs to be prepared
under CEQA for the proposed PTMLUP Amendments (i.e., Miscellaneous Case No. 2012-
00553).
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
recommend that the City Council approve the proposed PTMLUP Amendments (i.e.,
Miscellaneous Case No. 2012 - 00553).
BE IT FURTHER RESOLVED that the proposed PTMLUP Amendments (i.e.,
Miscellaneous Case No. 2012 - 00553) is granted contingent upon the approval of Amended and
Restated Development Agreement No. 2006- 00002, General Plan Amendment No. 2012- 00485,
Revised Tentative Tract Map No. 16860, and Variance No. 2012- 04909.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, the Planning Commission does hereby recommend that the City Council approve
the proposed PTMLUP Amendments (i.e., Miscellaneous Case No. 2012- 00553), as described
above.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon compliance with each
and all of the conditions set forth in the resolution of this Planning Commission adopted
substantially concurrently with this Resolution relating to the proposed Amended and Restated
Development Agreement. 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 Owner is responsible for paying all charges
related to the processing of this discretionary case application within fifteen (15) days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 10, 2012. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures.
rvtt
CHAIRMAN, ANAHEIM CITY P @NNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary for the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on September 10, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 10'' day of September,
2012.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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Miscellaneous Case No. 2012 -00553
Amendment to PTMLUP
Exhibit "A"
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