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Resolution-PC 2012-098RESOLUTION NO. PC2012 -098 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL AMEND THE PLATINUM TRIANGLE MASTER LAND USE PLAN AND MAKING FINDINGS IN CONNECTION THEREWITH (MISCELLANEOUS CASE NO. 2012-00559). (DEV2012- 00059) 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 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 City Council of the City of Anaheim (the "City Council ") has approved several actions relating to the area encompassed by the Platinum Triangle; and WHEREAS, on May 30, 1996, the Planning Commission of the City of Anaheim (hereinafter referred to as 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 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 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 -1- PC2012 -098 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 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 (collectively referred to herein as "FEIR No. 330 "); 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 Overlay Zone ( "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 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, adopting a Statement of Findings of Fact, a Statement of Overriding Considerations and the updated and modified Mitigation Monitoring Program No. 106A (collectively referred to as " FSEIR No. 332 ") to provide for the implementation of the Platinum Triangle Master Land Use Plan, and 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 related actions that, 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, 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 -2- PC2012 -098 Agreement, and related zoning reclassifications to increase the allowable development intensities within the Platinum Triangle to up to 18,363 residential units, 5,657,847 square feet of commercial uses,16,819,015 square feet of office uses, and 1,500,000 square feet of institutional uses (the "Platinum Triangle Expansion Project "); and WHEREAS, on December 11, 2007, the City Council certified Final Subsequent Environmental Impact Report No. 334, adopting a Statement of Findings of Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation Monitoring Program No. 106A (collectively referred to as " FSEIR No. 334 ") 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 Platinum Triangle Master Land Use Plan and approval of the Platinum Triangle Expansion Project; and WHEREAS, in response to the application of K/L Anaheim Properties I LLC and K/L Anaheim Properties 11 LLC (collectively referred to herein as "K/L ") for entitlements allowing for the development of a master planned mixed -use project comprised of, among other uses, a 320 -unit residential condominium project, a 209,419 square foot twelve -story office building, including a 5,586 square foot full- service restaurant, 4,381 square feet of retail space, and a 104,604 square foot 138 -room hotel (the "Original Project ") on real property consisting of approximately 7.01 acres commonly known as 905 through 917 East Katella Avenue in the City of Anaheim (the "Property"), the City Council determined on June 10, 2008 that FSEIR No. 334, including Updated and Modified Mitigation Monitoring Plan No. 106B for the PTMLUP and Mitigation Monitoring Plan No. 153, served as the appropriate environmental documentation for the Original Project, including Conditional Use Permit No. 2008 -05304 and Development Agreement No. 2008 -00002 (the "Development Agreement "); and WHEREAS, on June 24, 2008, the City Council adopted Ordinance No. 6106 approving the Development Agreement; and WHEREAS, subsequent to the approval of Conditional Use Permit No. 2008 -05304 and the Development Agreement, a lawsuit was filed challenging the adequacy of FSEIR No. 334. In consideration of the City's exemplary historical record in avoiding litigation under the California Environmental Quality Act ( "CEQA ") 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 ( "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 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 the "Revised Platinum Triangle Expansion Subsequent Environmental Impact Report No. 339" for the Platinum Triangle Expansion Project and Updated and Modified Mitigation Monitoring Plan No. 106C (collectively referred to herein as " FSEIR No. 339 ") ; and -3- PC2012 -098 WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 17, 2012 ( "Addendum No. I"), 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 CEQA Guidelines calling for the preparation of a subsequent environmental impact report had occurred; and WHEREAS, Shopoff Advisors, L.P., a Delaware limited partnership ( "Shopoff'), has entered into an agreement with K/L to purchase the Property; and WHEREAS, pursuant to the authority conferred upon Shopoff by K/L and in accordance with Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code (the "Code "), Shopoff submitted to the City a request to modify the site design and product type of the Original Project, consisting of an increase in the number of dwelling units from 320 to 399 residential apartment units, a reduction in the amount of office and commercial development, the addition of a public park (the "Platinum Gateway Project "). To that end, Shopoff has requested the following entitlements: (a) that the Development Agreement be amended and restated in the form of the proposed First Amended and Restated Development Agreement No. 2008 -00002 (Development Agreement No. 2008- 00002D) (the "Amended and Restated Development Agreement ") presented at the meeting at which this Resolution was adopted; (b) that the General Plan be amended to modify "Table LU -4: General Plan Density Provisions for Specific Areas of the City" 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 Area and to amend various Elements of the General Plan to include the addition of a public park ( "General Plan Amendment No. 2012- 00486 "); (c) that the Zoning Code be amended to make the Zoning Code consistent with General Plan Amendment No. 2012 - 00486, as adopted ( "Zoning Code Amendment No. 2012- 00107 "); (d) that (i) Chapter 1, Table 1- General Plan Development Intensities, (ii) Chapter 2, Figure 4 (Platinum Triangle Urban Design Plan), (iii) Chapter 3, Table 3 (General Plan Designations), (iv) Chapter 4, Figure 20 (Landscape Concept Plan) and (v) Appendix G, PTMU Overlay Zone District Sub -Area Development Intensity Maps, Katella District Sub -Area A Map of the Platinum Triangle Master Land Use Plan be amended (herein referred to interchangeably as "Miscellaneous Case No. 2012- 00559" or the "PTMLUP Amendments "); and (e) that Tentative Tract Map No. 17494 be approved. -4- PC2012 -098 WHEREAS, the Amended and Restated Development Agreement, General Plan Amendment No. 2012 - 00486, Zoning Code Amendment No. 2012 - 00107, Miscellaneous Case No. 2012 -00559 and Tentative Tract Map No. 17494 shall be referred to herein collectively as the "Entitlements "; and WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2012 -00008 ( "Final Site Plan") to provide for the development of the Platinum Gateway Project, contingent upon the approval of the proposed Entitlements; and WHEREAS, the proposed PTMLUP Amendments propose to amend (i) Chapter 1, Table 1- General Plan Development Intensities, (ii) Chapter 1, Figure 3 (General Plan Designations), (iii) Chapter 2, Figure 4 (Platinum Triangle Urban Design Plan), (iv) Chapter 3, Figure 5 (Mixed Use and Office Districts), and (v) Chapter 4, Figure 20 (Landscape Concept Plan) of the Platinum Triangle Master Land Use Plan, as shown in Exhibit A attached to this Resolution and incorporated herein by this reference; and WHEREAS, on December 3, 2012, this Planning Commission conducted a public hearing for the proposed Platinum Gateway Project and the Entitlements at the Civic Center in the City of Anaheim, 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 Anaheim Municipal Code, and considered information presented by City staff and evidence for and against the proposed Platinum Gateway Project and the Entitlements; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined and has recommended that the City Council so find and determine that FSEIR No. 339, together with Mitigation Monitoring Program No. 307, Addendum No. 1, and a subsequent Addendum to FSEIR No. 339, which has been prepared in connection with the proposed Platinum Gateway Project ( "Addendum No. 2 "), serve as the appropriate environmental documentation for the proposed Platinum Gateway Project and the Entitlements and satisfy all of the requirements of CEQA; (ii) none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report have occurred in connection with the proposed Platinum Gateway Project and/or the Entitlements; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Platinum Gateway Project and/or the Entitlements and all other actions authorized by this Resolution; 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. That 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. 2. That the proposed PTMLUP Amendments are consistent with the goals and policies established for the PTMLUP. -5- PC2012 -098 3. 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. 4. That the proposed PTMLUP Amendments respect 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 - 00559) in the form attached hereto as Exhibit A . BE IT FURTHER RESOLVED that the proposed PTMLUP Amendments (i.e., Miscellaneous Case No. 2012 - 00559) are granted contingent upon the approval of the other Entitlements, specifically, the First Amended and Restated Development Agreement No. 2008- 00002 (Development Agreement No. 2008- 00002D), General Plan Amendment No. 2012- 00486, Zoning Code Amendment No. 2012- 00107, and Tentative Tract Map No. 17494, now pending. 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 Shopoff 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 3, 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. CHAIR, ANAHEIM CITY PL INNING COMMISSION ATTEST: J\ SENIOR SEeRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2012 -098 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 December 3, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 3` day of December, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2012 -098 EXHIBIT "A" PTMLUP Amendment Chapter 1 Table 1- General Plan Development Intensities -8- PC2012 -098 Table 1: General Plan Development Intensities Land Use Designation Maximum Amount of Development Permitted Mixed -Use • Residential 18,988 Dwelling Units • Commercial 4,795,111 Square Feet • Office 9,652,747 Square Feet • Institutional 1,500,000 Square Feel Office -High and Office -Low 4,478,356 Square Feet' Institutional 3.0 Floor Area Ratio (FAR) Industrial 0.5 FAR Open Space 0.1 FAR -8- PC2012 -098 EXHIBIT "B" PTMLUP Amendment Chapter 3 Table 3 - General Plan Designations PTMU Overlay Zone Development Intensities* District Acres Housing Units Office Square Feet Commercial Square Feet Institutional Square Feet Arena 41 425 100,000 100,000 0 ARTIC 17 520 2,202,803 358,000 1,500,000 Gateway 50 2,949 562,250 64,000 0 Gene Autry 33 2,362 338,200 304,700 0 Katella 141 5,786 1,921,666 694,643 0 Orangewood 35 1,771 1,402,855 130,000 0 Stadium 153 5,175 3,125,000 3,120,368 0 Total Mixed Use 470 18,988 9,652,747 4,795,111 1,500,000 Office 121 0 4,478,356 1 0 0 Total PTMU Overlay Zone 591 1 18,988 14,131,103 795,111 1,500,000 *Development intensities are further described in Appendix G. -9- PC2012 -098 EXHIBIT "C" PTMLUP Amendment Chapter 2 Figure 4 - Platinum Triangle Urban Design Plan JL- (].vcM i.e.•i m � C . \ • • i'h . _ e \ 9 / o T6ZO i.oao v ` �q. I Feet ' I 4.,�1�L L.._.._.._.._.! 9 F Figure 4: The Platinum Triangle Urban Design Plan -10- PC2012 -098 LEGEND Mixed Use General Plan Designation Approved Mini-Park Location The Platinum Triangle Potential Mini -Park Location ••••• Conceptual Connector Street Location Lewis Street Realignment Potential City Park Location ® Conceptual Street Location (Required Ground Floor Commercial) Existing Amtrak /Metrolink Station Location Required Ground Floor Commercial O Potential Signalized Intersection Conceptual ARTIC Station Location L andmark 1 L Architecture Figure 4: The Platinum Triangle Urban Design Plan -10- PC2012 -098 EXHIBIT "D" PTMLUP Amendment Chapter 4 Figure 20 - Landscape Concept Plan as A � i 3A o .t % - D a 2 D D¢ �• p v 'D.�A}Q,i�`�p, A �,�' D - °J ✓ ° / D O __ ". h � D O1�� NGWELLAVE y a IDa _ , \�3' @C' @���jt[[C�G'y�yfy�4GXf� • .4G4,.fCrX({�f,y0-1`(CX� &o o-yb G o o %eC aP+o 61 fJC1' e •Y I -�e_I ` � Y •, yi1 �,y.fJJfrrA.4�_„D < a ���yvy`?lv�'AJy, Qa H TEL .VE : • (V {'S;r9 f.TW N p D C _LJi •,$ O V A . -1 O/�O AO!1V AD a0 a Y "GENEAUTT'WAY • A]A� - long D • y � A DY OgpNGEWOGOAVE Figure 20: Landscape Concept Plan -I1- PC2012 -098 \�O ro 0A D' ^I eAO 1D AD. 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Y9 f LEGEND Date Palm Mixed Use General Plan Designation Approved Mini -Park Location Mexican Fan Palm � "" The Platinum Triangle � Potential Mini -Park Location ••••• Conceptual Connector Street Location stn Green Canopy Tree (Variety of Tree Species Permitted) Potential City Park Location Flowering Canopy Tree - - -- Lewis Street Realignment LN ® Conceptual Market Street Location v Existing Amtrak /Metrolink Station Loc Citrus Tree (Required Ground Floor Commercial) IIIIIIIIIIIIII111l Required Ground Floor Commercial Conceptual ARTIC Station Location O Potential Signalized Intersection Figure 20: Landscape Concept Plan -I1- PC2012 -098 EXHIBIT "E" PTMLUP Amendment APPENDIX G PTMU Overlay Zone District Sub -Area Development Intensity Maps Katella District Sub -Area A Map M nI G I1� M In InI �y M /� 'n1 ��1 j T F le a II � H UY1 11VI1 V R� A I Q L E CITY OF ANAHEIM Plenn Nil lnp al3 City of Anaheim, CA '.o @Mn.r. 7,2012 -12- PC2012 -098