Loading...
PC 2005/08/22Anaheim Planning Commission Agenda Monday, August 22, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard. Anaheim. California Chairman: Gail Eastman Chairman Pro - Tempore: Cecilia Flores Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez, Panky Romero, Pat Velasquez . Call To Order Preliminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the August 22, 2005 agenda Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. . Pledge Of Allegiance . Public Comments . Consent Calendar . Public Hearing Items . Adjournment You may leave a message for the Planning Commission using the following e -mail address: plan ningcommission (caanaheim.net H: \docs \clerical\agendas \082205.doc (08/22/05) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and /or removed from the Consent Calendar for separate action. Reports and Recommendations 1A.(a) Environmental Impact Report No. 189 — Addendum to Koll Anaheim Center (Previously - Certified) (b) Final Plan Review No. 2005.00009 - Request for Review and Approval of Final Plans for Construction of a Planned Mixed Use Development on Parcels Al — A3, B, and D within the Downtown Mixed Use Overlay Zone (c) Review and Recommendation of Final Plans for Parcels A1-3, B, and D City Initiated: Anaheim Redevelopment Agency, Elisa Stipkovich, 201 South Anaheim Boulevard, Anaheim, CA 92805 Location: Downtown Anaheim: Properties are located east of Harbor Boulevard, south of Lincoln Avenue, west of Anaheim Boulevard and north of Broadway. Project Planner: Requests review and recommendation to the Anaheim (dsee @anaheim.net) Redevelopment Agency of final building colors and materials for the construction of a new Planned Mixed Use Development (Parcels Al — Q S. 83 A3, B and D) in Downtown Anaheim. 1B. Receiving and approving the Minutes from the Planning Commission Request for Meeting of July 25, 2005 (Motion) continuance to September 7, 2005 7C. Receiving and approving the Minutes from the Planning Commission Request for Meeting of July 27, 2005 (Motion) continuance to September 7, 2005 7D. Receiving and approving the Minutes from the Planning Commission Request for Meeting of August 8, 2005 continuance to September 7, 2005 H: \docs \clerical \agendas \082205.doc (08/22/05) Page 2 2a. CEQA Categorical Exemption - Class 7 2b. Conditional Use Permit No. 2004 -04852 (READVERTISED) (Tracking No. CUP2005- 05003) 2c. Determination Of Public Convenience Or Necessity No. 2005 -00021 Request for continuance to September 7, 2005 Owner: Cedar Mountain, LLC, 110 East Walnut Avenue, Fullerton, CA 92835 Agent: Leon Alexander, Briggs and Alexander, 558 South Harbor Boulevard, Anaheim, CA 92805 Location: 2916 West Lincoln Avenue. Property is approximately 0.7 -acre, having a frontage of 89 feet on the south side of Lincoln Avenue and is located 315 feet east of the centerline of Laxore Street (El Calor Nightclub). Conditional Use Permit No. 2004 -04852 - Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 26, 2004 to expire July 26, 2005) ), hours of operation and the outdoor patio for a previously - approved nightclub. Determination of Public Convenience or Necessity No. 2005 -00021 - To permit sales of alcoholic beverages for on- premises consumption within a previously- approved nightclub. Continued from the August 8, 2005 Planning Commission meeting. Conditional Use Permit Resolution No. Project Planner: (avazquez @anaheim.net) Determination of Public Convenience or Necessity Resolution No. Q.S. 13 H: \docs \clerical \agendas \082205.doc (08/22/05) Page 3 3a. SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332 AND UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106A 3b. GENERAL PLAN AMENDMENT NO. 2004 -00420 (TRACKING NO. GPA 2005- 00432) 3c. AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS CASE NO. 2004 - 00089) 3d. ZONING CODE AMENDMENT NO. 2004 -00036 3e. AMENDMENT TO THE PLATINUM TRIANGLE STANDARDIZED DEVELOPMENT AGREEMENT (MISCELLANEOUS CASE NO. 2005- 00114) 3f. RESCISSION IN -PART OF THE RESOLUTION OF INTENT PERTAINING TO THE RECLASSIFICATION OF THE NORTH NET FIRE TRAINING CENTER (MISCELLANEOUS CASE NO. 2005- 00115) 3g. RECLASSIFICATION NO. 2004 -00134 3h. REQUEST FOR CITY COUNCIL REVIEW OF ITEM NO. G Agent: City Initiated, Planning Department, 200 South Anaheim Boulevard, Suite 162, Anaheim, CA 92805 Location: The Platinum Triangle. The "Project Area" encompasses approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR -57 Freeway, in the City of Anaheim in Orange County, California. The Project Area is located generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit. Certification Of Subsequent Environmental Impact Report No. 332 And Updated And Modified Mitigation Monitoring Program No. 106A — Request for Planning Commission to recommend to the City Council certification of Subsequent Environmental Impact Report No. 332, including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle. SEIR No. 332 has been prepared to serve as the primary environmental document for subsequent actions within the Project Area related to the adopted Platinum Triangle Master Land Use Plan, The Platinum Triangle Mixed -Use (PTMU) Overlay Zone and The Platinum Triangle Standardized Development Agreement. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, development agreements and other related actions for properties located within The Platinum Triangle. Future developments that require additional discretionary review will utilize this document for CEQA purposes to the extent possible, consistent with Section 15162 of the CEQA Guidelines. This SEIR is also intended to provide the additional environmental documentation for proposed city- initiated amendments to the General Plan, The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the Standardized Platinum Triangle Development Agreement described below. General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005- 00432) — Request for Planning Commission to recommend to the City Council adoption of an amendment to the City of Anaheim General Plan Land Use and Circulation Elements to provide for the following: H: \docs \clerical\agendas \082205.doc (08/22/05) Page 4 Land Use Element: To (A) redesignate a 321 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center') from the Office -High to the Mixed -Use land use designation and (B) to provide for an additional 325 dwelling units and up to 210,100 square feet of additional commercial square footage in The Platinum Triangle Mixed -Use land use designation. This amendment would increase the maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum overall commercial density from 2,044,300 to 2,254,400 square feet. Circulation Element: To (A) redesignate a portion of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway (six lanes divided with no parking or four lanes divided with left turn pockets and two parking lanes with a typical right -of -way width of 106 feet) to a Secondary Arterial Highway (four undivided lanes with parking on either side with a typical right -of -way width of 90 feet) to be consistent with the Orange County Master Plan of Arterial Highways and respective lane configurations; and (B) to provide for Gene Autry Way between Betmor Lane and State College Boulevard to be up to 170 feet in width to provide for the construction of the "Grand Parkway" (this segment of Gene Autry Way is designated as a Primary Arterial with a current typical width of up to 106 feet). Amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2004 - 00089) — Request for Planning Commission to recommend to the City Council adoption of an amendment to The Platinum Triangle Master Land Use Plan to incorporate the following: an adjustment to the boundaries of the mixed -use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to street cross - sections and density descriptions to reflect the above -noted changes. Zoning Code Amendment No. 2004 -00036 — Request for Planning Commission to recommend to the City Council adoption of an amendment to the PTMU Overlay Zone to incorporate the following: an adjustment to the boundaries of the mixed -use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to density descriptions to reflect the above -noted changes and other City Code requirements (the proposed changes are set forth in Appendix C to Subsequent EIR No. 332). Amendment to The Platinum Triangle Standardized Development Agreement (Miscellaneous Case No. 2005 - 00114) — Request for Planning Commission to recommend to the City Council adoption of refinements to The Platinum Triangle Standard Development Agreement to reflect mitigation measure requirements set forth in the Updated and Modified Mitigation Monitoring Program No. 106A, editorial refinements and updated fees. H: \docs \clerical \agendas \082205.doc (08/22/05) Page 5 Miscellaneous Case No. 2005 -00115 — Request for Planning Commission to rescind in part Resolution No. PC2004 -83 and recommend that the City Council rescind in part Resolution No. 2004 -180 pertaining to Reclassification No. 2004- 00127 in order to rescind resolutions of intent pertaining to the reclassification of a 321 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center") from the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone. Reclassification No. 2004 -00134 — Request for Planning Commission to reclassify a 321 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center') from the PR (Public Recreational) Zone to the PR (PTMU) (Public Recreation — Platinum Triangle Mixed -Use Overlay) Zone. Continued from the July 25, 2005 Planning Commission meeting. Environmental Impact Report Resolution No. General Plan Amendment Resolution No. Miscellaneous Case No. 2004.00089 Resolution No. Zoning Code Amendment Resolution No. Miscellaneous Case No. 2005.00115 Resolution No. Reclassification Resolution No. H: \docs \clerical \agendas \082205.doc Project Planner: (vnorwood@anaheim. net) (08/22/05) Page 6 4a. SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332 Request for continuance to September 7, 2005 AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 138 4b. GENERAL PLAN AMENDMENT NO. 2006.00434 4c. AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN MISCELLANEOUS CASE NO. 2005.00111 4d. RESCISSION IN -PART OF THE RESOLUTION OF INTENT PERTAINING TO THE RECLASSIFICATION OF SITE 2 ( MISCELLANEOUS CASE NO. 2005. 00116) 4e. RECLASSIFICATION NO. 2005.00164 4f. ZONING CODE AMENDMENT NO. 2005.00042 4g. CONDITIONAL USE PERMIT NO. 2006.04999 4h. DEVELOPMENT AGREEMENT NO. 2005.00008 Agent: Lennar Platinum Triangle LLC, 25 Enterprise, Aliso Viejo, CA 92656 Location: The Platinum Triangle. The " Lennar Project' encompasses approximate 41.4 -acre project site is generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of South Betmor Lane in an area of the City of Anaheim known as The Platinum Triangle. The project site is further identified as Sites 1 and 2 on the map below. Site 1 encompasses 31 acres located at 1200 -1558, 1700, and 1800 East Katella Avenue; 1301 -1395 and 1551 Gene Autry Way; 1870, 1871, 1880, 1881, 1890, 1891, 1900, and 1901 South Chris Lane; 1833 and 1841 South State College Boulevard; 1800 and 1801 East Talbot Way. Site ? encompasses 10.4 acres located at 1871, 1881, 1891, 1901, 1870, 1880, 1890, 1900 and 1910 South Betmor Lane and 1100 East Katella Avenue. The project site also encompasses portions of South Chris Lane and South Betmor Lane. SUBSEQUENT EIR NO. 332 AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 138 — Determination that Subsequent (SEIR) EIR No. 332 and its Addendum and Mitigation Monitoring Plan No. 138 are adequate to serve as the required environmental documentation for the proposed actions. [The Subsequent EIR has been circulated for a 45 -day public review and is currently scheduled to be considered by the Planning Commission on August 22, 2005, followed by City Council consideration in September. This SEIR would need to be certified by the City Council prior to the City Council approving SEIR No. 332 and its Addendum for the proposed project actions described in this notice.] GPA2005 -00434 — Request to amend the Land Use Element of the City of Anaheim General Plan to redesignate Site 2 from the Office High land use designation to the Mixed Use land use designation. This request would not change the permitted overall intensity for these uses as set forth in the General Plan. MIS2005 -00111 — Request to amend The Platinum Triangle Master Land Use Plan to incorporate Site 2 into the Platinum Triangle Mixed Use (PTMU) Overlay Zone, Katella District. MIS2005 -00116 - Request for Planning Commission to rescind in part Resolution No. PC2004 -83 and recommend that the City Council rescind in part Project Planner: Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order (cflores @anaheim.net) to rescind resolutions of intent pertaining to the reclassification of Site 2 from the I (Industrial) to the O -H (High Intensity Office) Zone. H: \docs \clerical \agendas \082205.doc (08/22/05) Page 7 RCL2005 -00164 — Request to reclassify Site 2 from the I (Industrial) to the I (PTMU) (Industrial - Platinum Triangle Mixed Use Overlay) Zone. ZCA2005 -00042 — Request to amend Chapter 1820 (PTMU Overlay) of Title 18 (Zoning Code) of the Anaheim Municipal Code to add educational institutions and condominium hotels as authorized uses subject to the approval of a conditional use permit, to amend the minimum size of balconies for high -rise towers and to amend the parkland dedication requirements. CUP2005 -04999 — Request to permit residential tower structures up to 400 feet in height on Site 1 within Development Areas B, D, E, F, M and N of the Master Site Plan. DAG2005 -00008 — Request to adopt a Development Agreement between the City of Anaheim and Lennar Platinum Triangle, LLC and Sellers (as listed in the Development Agreement) to provide for the development of a Master Site Plan with up to 2,681 residences in a mix of housing types, including high rise residential towers, street townhomes, podium townhomes, and lofts with 150,000 square feet of street - related commercial development adjacent to a new street designated as Market Street. The plan also includes public park space and new connector streets. (INADVERTENTLY ADVERTISED AS 2005- 00164) GENERAL PLAN AMENDMENT RESOLUTION NO. MISCELLANEOUS CASE RESOLUTION NO. MISCELLANEOUS CASE RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. ZONING CODE AMENDMENT RESOLUTION NO. _ CONDITIONAL USE PERMIT RESOLUTION NO. _ DEVELOPMENT AGREEMENT RESOLUTION NO. Adjourn To Wednesday, September 7, 2005 at 1:00 P.M. for Preliminary Plan Review. H: \docs \clerical \agendas \082205.doc (08/22/05) Page 8 �3�:ilily[aei�N7►N1�1�>E,��I►[r I hereby certify that a complete copy of this agenda was posted at: 8/18/05 11:30 a.m. (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: (Original Siqned by Danielle C. Masciel) If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765 -5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714 - 765 -5139. H: \docs \clerical \agendas \082205.doc (08/22/05) Page 9 SCHEDULE 2005 September 7 (Wed) 11 11 September 19 11 October 3 October 17 October 31 November 14 November 28 December 12 II December 28 (Wed) II H: \docs \clerical \agendas \082205.doc (08/22/05) Page 10 ITEM NO. 1 -A HIO p A tN RS 98. 5�U m G � Z O RG� s5 1BO Z\ N 7 �uP ?o02 �� C � O y G s Z� � MN GUP�p39b2 R y�ow � vP R 19418 N GBJ�K WpO OGE ; v o' VPR7 q0 y �� w VAUP P PP t 8 55 10 BD GHPRjR�SC. ,l,�JV �s�� G � \ RG G V 8 8.81 .18 P GUP ZbBg4 O-G RVPR 43sa1 \ C\ GG lory `�1oB v vPR 1i ' R a V ORF \GE \� a GF10 G< Rc`Og,ly1 M9 r Gj 4g t l � GG FSP 2ooaAe� RG6 .49 8 -61 GUPGUP 2-602 RGGs BOCH U) O pp 2154 GUP 21'1 '& 2b g4 GG � NTER ER Z OFF \cE V P v PR A13 sHOP NG GENi Y 7F� _ FP G �pMN (� GAK ST aa�P H1. 1 RGU8328659 RGl 00 "o � G 1 \ P , Go 1pM 99 vP 1 SN O GVR NG u E pucN� _- ee l PR GFAZa s A� y C GE (tA nccx°°sn°1°e vn��z�ne - GEKCER SCR O FSPx PP0.KNG � - STREEj FsPVn�N1 r RcU 'D �AOp9a of to - 1 �wa4` 3 F µGo s�PM 1 ,°B 88 ac l m F5px2�9m�B6 °we GG ID E \M 1 Fccx�go-s9 1 - µc �P 9x zoo-. � �� P��EUM 1 RcxFmo px F i � 1cEe o 1 — Go Ul cep x' m - se e°e Z c� Gp 1pM 1 �� -�w°e i pPRKVNG qcp 2 pat.W �a sc4npo� -°� y 1 �`- YpNpgN � ` RQ�S1Y 32B F l P R10N G � �1 i GG 1p 5a p 2�55A0061 PP 42 01 i / Po- oB i pE ea - p .3o �2W �1 � � � O"l g 0.G GUP p08T N N F � ER 1 \ B NG A� m1 - ap Bb2 RaG epFF1cE 1 305'WPY i�� o- o-o- iGUVPPF ei5Ba P 1 1� BR pPD� i eB Cr sTP \oF�ES pl �� mac \NRE _i � � cH �uP "�E� R sEa &maw PSH 142 0.104 291 e OI mCPbb o �byb4 1 ALPH Uo-u °o< 1 46 R PpOJEO i RMB ] n ° c -G 1 OPMNNIWN ARi) 'C' 60-6A m cPw: 1 ED EVEL OWN�O�i RM GG ceP OmH'uea 1R 1 R i WP 292 1 OU 1Va �, �,eR R41 10 21 W a W i v URG V R 24 1 QU T GG �a R 4 12 8 S Ree VPP4166 �1 1oU ECM ROK 65- 66-42�M U U� GHURG OT J�oRE OUP 2809 s° n PPRK \ 1 \ SMPUU \t48 M R v R a lb 9 o vPgaU� sMP� No eoov F\R so PPRa oe _ oa vwl rG FvRM Final Site Plan No. 2005 -00009 Subject Property Date: August 22, 2005 Scale: Graphic Requested By: ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 83 THE COMMUNITY DEVELOPMENT DEPARTMENT REQUESTS REVIEWAND RECOMMENDATION TO THE ANAHEIM REDEVELOPMENT AGENCY OF FINAL BUILDING COLORS AND MATERIALS FOR THE CONSTRUCTION OF A NEW PLANNED MIXED USE DEVELOPMENT (Parcels Al -A3, B, and D) IN DOWNTOWN ANAHEIM. 203 South Anaheim Boulevard, 290 South Lemon Street, 180 and 435 West Center Street, and 291 West Broadway 1981 Staff Report to the Planning Commission August 22, 2005 Item No. 1 -A 1 -A REPORTS AND RECOMMENDATIONS a. ENVIRONMENTAL IMPACT REPORT NO. 189 - (Motion) ADDENDUM TO KOLL ANAHEIM CENTER (PREVIOUSLY - CERTIFIED) b. FINAL PLAN REVIEW NO. 2005 -00009 - REQUEST FOR (Motion) REVIEW AND APPROVAL OF FINAL PLANS FOR CONSTRUCTION OF A PLANNED MIXED USE DEVELOPMENT ON PARCELS Al —A3, B. AND D WITHIN THE DOWNTOWN MIXED USE OVERLAY ZONE c. REVIEW AND RECOMMENDATION OF FINAL PLANS (Motion) FOR PARCELS Al — 3, B. AND D SITE LOCATION AND DESCRIPTION: (1) This 2.5 -acre area is located at the southwest corner of Anaheim Boulevard and Center Street Promenade, with frontages of 173 feet on the west side of Anaheim Boulevard, 429 feet on the north side of Broadway, and 283 feet on the south side of Center Street Promenade (Parcels Al —A3 within Downtown Anaheim — 203 South Anaheim Boulevard, 290 South Lemon Street, and 180 West Center Street). This irregularly- shaped 0.93 -acre property is located at the northwest corner of Lemon Street and Broadway, with frontages of 120 feet on the west side of Lemon Street, 128 feet on the east side of Clementine Street, and 305 feet on the north side of Broadway (Parcel B within Downtown Anaheim — 291 West Broadway). This 2.9 -acre area is located at the southeast corner of Harbor Boulevard and Lincoln Avenue, with frontages of 377 feet on the east side of Harbor Boulevard and 233 feet on the south side of Lincoln Avenue (Parcel D within Downtown Anaheim — 435 West Center Street Promenade). REQUEST: (2) The Community Development Department requests review and recommendation to the Anaheim Redevelopment Agency of final building colors and materials for the construction of a new Planned Mixed Use Development (Parcels Al —A3, B, and D) in Downtown Anaheim- BACKGROUND (3) This Community Development- initiated development project is being submitted to the Planning Commission as a Reports and Recommendations item in response to the restructuring of the Housing and Community Development (formerly the Redevelopment and Housing) Commission. Conceptual design review of Redevelopment Agency projects is now under the purview of the Planning Commission. The intent of this plan review is to receive comments and direction from the Planning Commission pertaining to conceptual plans and design issues. The Commission's comments will be forwarded the City Council acting as the Redevelopment Agency. (4) The properties are currently zoned C -G (DMU) (General Commercial, Downtown Mixed Use Overlay) and are designated for Mixed Use on the City of Anaheim General Plan Land Use Element Map. The properties are located within the Alpha Downtown Project of the Anaheim Redevelopment Area. (2) DOG Staff Report to the Planning Commission August 22, 2005 Item No. 1 -A (5) On October 29, 2002, the City Council approved a Disposition and Development Agreement (DDA) between the Anaheim Redevelopment Agency (ARA) and CIM California Urban Real Estate Fund, LP (CIM). On June 17, 2003, the City Council approved a first amendment to the DDA. On September 28, 2004, the City Council approved two Amended and Restated DDA's. The agreements provide for the conveyance of ARA -owned property and for the construction of a mixed -use project located within Downtown Anaheim. These properties are located within the Downtown Sub -area of Redevelopment Project Alpha. (6) Since April of 2002, ARA staff has conducted over 100 community meetings to receive comments on the downtown master plan and the CIM master plan, and to discuss the architectural design, historical elements, conceptual landscaping, and conceptual sign program for the CIM project. (7) On November 17, 2003, the Planning Commission reviewed and approved final site, floor, elevation, roof - mounted equipment, parking, and pedestrian and vehicle circulation plans for the construction of a Planned Mixed Use Development for Parcel B within Downtown Anaheim. On May 17, 2004, the Commission approved Tentative Tract Map No. 16679 (to establish a 5 -lot planned mixed -use residential /commercial subdivision on Parcel B). On December 13, 2004, the Commission approved Tentative Tract Map No. 16606 (to establish a 5 -lot, 135 -unit commercial /residential mixed use subdivision for Parcel D), Tentative Tract Map No. 16810 (to establish a 11 -lot planned mixed -use residential /commercial subdivision for Parcels Al —A3), and final site, floor, parking, elevation, roof - mounted equipment, and pedestrian and vehicle circulation plans for the construction of a Planned Mixed Use development on said parcels within Downtown Anaheim. On July 25, 2005, the Commission approved final signage, lighting for Parcels Al —A3, B, and D. (8) The Downtown Mixed Use Overlay Zone and the reclassification of approximately 36 acres of property to the overlay zone provides for the orderly development of "Planned Mixed Use Developments" in Downtown Anaheim. In lieu of development standards, development proposals to implement the overlay zone are subject to final plan review and approval- DISCUSSION (9) Submitted building color and material plans (Final Plan Nos. 1 -5) indicate base, wall, cornice, canopies, awnings, windows and glazing colors and materials for five mixed use buildings within Downtown Anaheim. Each building has a material and color theme that complements the historical characteristics of that particular building. The materials and colors on the buildings on Parcels Al and A3 also complement the historical nature of the adjacent Anaheim Museum. The primary materials include brick veneer, plaster and tile, with vinyl windows. Color and material boards, since they include three dimensional samples and are difficult to reproduce for the Commission packets, will be presented to the Commission at the morning workshop for review and feedback. ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that the previously- approved Addendum for the Koll Anaheim Center Environmental Impact Report serve as adequate environmental documentation for this request for final plan review upon a finding by the Commission that the determination reflects the independent judgment of the lead agency; and that it has considered the previously - approved Addendum together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. (2) DOG Staff Report to the Planning Commission August 22, 2005 Item No. 1 -A EVALUATION: (11) The implementing DMU Overlay Zone requires final plans to be submitted for Planning Commission for review and approval as a "Reports and Recommendations" item. If the final plans are found to be in conformance with the DMU Overlay Zone and Design Guidelines, the Planning Commission may approve the final plans. (12) The project has been reviewed for consistency with the DMU Overlay Zone performance standards and Design Guidelines and for compatibility with surrounding uses in the Downtown area. The submitted plans are consistent with the intent of the Guidelines so as to (i) encourage superior design mixed -use development projects that combine residential with non - residential uses as a means to continue downtown revitalization, (ii) encourage a full array of diverse land use types and structures, to ensure that the appearance and effects of buildings, improvements, and uses are harmonious with the character of the area in which they are located, and (iii) ensure consistency with and implement the provisions of the Redevelopment Plan for the Alpha Downtown Redevelopment Project Area and related plans for Downtown Anaheim- RECOMMENDATION (13) Planning Department staff recommends that, unless additional or contrary information is received at the public meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, that the Planning Commission: (a) By motion, determine that the Addendum to previously - certified EIR No. 189 is adequate to serve as the required environmental documentation for this request. (b) By motion, approve Final Plan No. 2005 -00009 (as shown on Final Plan Nos. 1- 5 on file in the Planning Department and color and material boards on file in the Community Development Department) based upon a finding that the Final Plans are in conformance with the DMU Overlay Design Guidelines. (c) By motion, recommend to the Anaheim Redevelopment Agency approval of final building colors and materials to develop a Planned Mixed Use Development for Parcels Al - A3, B, and D within Downtown Anaheim. (2) DOG ITEM NO. 1 -A i I vrn.r.ry h I I 1 1 Il I I I I West Anaheim Commercial Corridors I I I I Redevelopment Project I I I I POLK AVE I I I ._ — Imo_____ ____ _r I I j I I RS -2 r _____________________ _____— RM-4 I I 1DU EACH o I I I I RCL 77- 78-07. 1 �,b I I I I RCL 76- 77 -09._ 1 9_I H C-G RM -2 I I I CUP 1643 1 u LU RCL 200z D I I RMA RM I VAR 2960 I I 0_' RCL 55 -56-36 RaL 91 -92T15 I I RCL 97 -98 -15 RCL 82-83 -04 I VAR 2832 I O I H T -CUP 2003 -04797 RcL 06543 RCL 5556-36 I I T -PCN 2004 -00017 VAR 3306 I APTS. I I 1n CUP 2 002 -046 36 cup I I CUP 4009 1APARTMENTSI I_ I K CUP 2002 -04612 20 W52 1 1 VACANT 31 DU I 198 DU �_ Q T -CUP 2002 -04522 CUP 3348 I I 1 I I I CUP 4189 CUP 3202 I I 1 I I 1 W BEL -AIR CENTER VACANT I I I I I 1 m (CUP 3322) I I I I I I (11CL 90 -9142) West Anaheim Commercial Corridors LINCOLN AVENUE Redevelopment Project 315' -1. 89' GG RM- RCL 62 4"83 -95 o�m a RCL 75= GG C-G W C-G RCL 63A o� p z R VAR i 534 W RCL62 -63 -95 RCL 58 -59-20 yQU ` RCL 614 RCL 61412 -12 CUP 3929 ° oor mwi- CUP1 CUP 4029 VAR 1412 L o F. CUP 3198 VAR 1561 ce �« CUP 3682 TOOL SHACK CUP 2949 VAR 934 dw z 800 APT1 >w CUP 1372 VAR 1561 - v r RM-4 8 Dl tt VAR 1534 � F 8 M PLAZA PCNRS7 O ° w RCL 69 -70-02 VAR 1412 O SHOPPING COW « o m �� VAR 2102 PCN 98-03 xx CENTER MARKET ceq 0o6r,' APARTMENTS o BEACP�LINACOLN Q 2 D v °0 Dam 224 DU d Id Sm �� L EMBASSY AVE a (n U m 2E W RM-4 U m LU a O RCL 63 -64 -36 �a 0� CUP479 mw. 20 DU E E� � E E VAR 2004 -04616 0 o f U o RM-0 K U o E RCL 61 -62 -12 E .a VAR 1534 VAR 1412 .ca 4DUEACH RM-4 BAYWOOD AVE RCL 61 -62 -12 ' VAR 1534 m VAR 1412 Rry-4 4 DU EACH [ CUP 479 EK III F �CHA�NNI 18 DU CP RgON CR— I I Conditional Use Permit No. 2004 -04852 (READVERTISED) Subject Property TRACKING NO. CUP2005 -05003 Date: August 22, 2005 Determination of Public Convenience or Necessity No. 2005 -00021 Scale: 1"=200' Requested By: CEDAR MOUNTAIN, LLC Q.S. No. 13 CUP2004 -04852 - (READVERTISED) REQUEST TO PERMIT A NIGHT CLUB. T- CUP2005 -05003 - REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO ATIME LIMITATION, (APPROVED ON JULY 26, 2004 TO EXPIRE JULY 26, 2005), HOURS OF OPERATION AND THE OUTDOOR PATIO FORA PREVIOUSLY- APPROVED NIGHTCLUB UNDER AUTHORITY OF CODE SECTION 18.03.093. PCN2005 -00021 - DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY TO PERMIT SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION WITHIN A PREVIOUSLY - APPROVED NIGHTCLUB. 2916 West Lincoln Avenue 1973 Staff Report to the Planning Commission August 22, 2005 Item No. 2 2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 (Motion for continuance) 2b. CONDITIONAL USE PERMIT NO. 2004 -04852 (READVERTISED) ( TRACKING NO. CUP2005- 05003 2c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005 -00021 SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 0.7 -acre property has a frontage of 89 feet on the south side of Lincoln Avenue, a maximum depth of 330 feet and is located 315 east of the centerline of Laxore Street (2916 West Lincoln Avenue - El Calor Restaurant). REQUEST: (2) The applicant requests approval of the following: Reinstatement of Conditional Use Permit No. 2004 -04852 by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 26, 2004, to expire on July 26, 2005) to retain a nightclub under the authority of Code Section 18.60.180. Determination of Public Convenience or Necessity No. 2005 -00021 —to permit the on- premises sales and consumption of alcoholic beverages within a nightclub. BACKGROUND (3) This property is developed with a nightclub, zoned C -G (General Commercial) formerly CH (Commercial Heavy) and located within the West Anaheim Commercial Corridors Redevelopment Project constituent sub -area of the Merged Anaheim Redevelopment Area. The Land Use Element Map of the Anaheim General Plan designates this property for Corridor Residential land uses. (4) This item was continued from the August 8, 2005 Commission meeting in order for the request to be readvertised to include additional modifications to conditions of approval. Staff is requesting a further continuance to the September 7, 2005, Commission meeting in order to work with the Police Department to refine the crime statistics for the business- RECOMMENDATION (5) That the Commission, by motion, continue this item to the September 7, 2005, Planning Commission meeting. S R -C U P2004- 04852( con t2)akv Page 1 to a CERRITOS AVE. 4 KATELLA AVE Gene Autry g Wav Segm Increase the ul ent timate riht- of-way up to 170 feet in width dr �Z I .L f 1 ry FS �(O GENE AUTRY WAY (��ED AVE ,1 L r , �LwM- Na.Maw.N fi \ DRANGE AVE Ofrrce High + Key � �9 /{ ( to Mi Y to Features �� � GPA 2004 004 - u�a \♦ Mf�►riM r�r�ar i ZCA 2004 -00036 . The Platinum Triang le i - - -� MIS 2005 - 00089 Conceptual Market Street . 1 i RCL 2004 -00134 General Plan Amendments NORTH NET FIRE TRAINING Circulation Element Amendments �1 i �� y ✓ / � ( f CENTER Land Use Element Amendments J i / t ' :�. -. -�L I Requested By: CITY OF ANAHEIM Subsequent EIR No. 332 General Plan Amendment No. 2004 -00420 Reclassification No. 2004 -00134 Zoning Code Amendment No. 2004 -00036 Miscellaneous Case Nos. 2004 - 00089, 2005 - 00114, 2005 -00115 The Platinum Triangle MM Subject Property Date: August 16, 2005 Scale: Graphic 1920 -5 a Requested By: CITY OF ANAHEIM Subsequent EIR No. 332 General Plan Amendment No. 2004 -00420 Reclassification No. 2004 -00134 Zoning Code Amendment No. 2004 -00036 Miscellaneous Case Nos. 2004 - 00089, 2005 - 00114, 2005 -00115 The Platinum Triangle E] Subject Property Date: August 22, 2005 Scale: Graphic 1920 -5 Staff Report to the Planning Commission August 22, 2005 Item No. 3 3a. 3b. 3c. 3d. 3e. 3f. 3g. 3h. SITE LOCATION AND DESCRIPTION: (Recommendation resolution) (Recommendation resolution) (Recommendation resolution (Recommendation resolution) (Recommendation motion) (Resolution) (Resolution) (Motion) (1) The Platinum Triangle ( "Project Area ") encompasses approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR -57 Freeway, in the City of Anaheim in Orange County, California. The Project Area is located generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit. REQUEST: (2) The proposed City- initiated requests (hereafter referred to as the "Proposed Actions ") are as follows: Certification of Subsequent Environmental Impact Report (SEIR) No. 332 and Adoption of the Updated and Modified Mitigation Monitoring Program No. 106A Request for Planning Commission recommendation that the City Council certify Subsequent Environmental Impact Report No. 332, including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle. SEIR No. 332 has been prepared to serve as the primary environmental document for subsequent actions within the Project Area related to the adopted Platinum Triangle Master Land Use Plan, The Platinum Triangle Mixed -Use (PTMU) Overlay Zone and The Platinum Triangle Standardized Development Agreement. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, development agreements and other related actions for properties located within The Platinum Triangle. Future developments that require additional discretionary review will utilize this document for CEQA purposes to the extent possible, consistent with Section 15162 of the CEQA Guidelines. This SEIR is also intended to provide the additional environmental documentation for proposed City- initiated amendments to the General Plan, The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the Standardized Platinum Triangle Development Agreement described below. Cases /GPA 00432/SR_GPA2005 -00420 PTSEIR 8 16 051j.doc Page 1 Staff Report to the Planning Commission August 22, 2005 Item No. 3 General Plan Amendment No. 2004 -00420 (Tracking No. cPA2005- 00432) Request for Planning Commission recommendation that the City Council amend the City of Anaheim General Plan Land Use and Circulation Elements as follows: Land Use Element: (A) redesignate a 3.21 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center ") from the Office -High to the Mixed -Use land use designation; and (B) provide for an additional 325 dwelling units and up to 210,100 square feet of additional commercial square footage in The Platinum Triangle Mixed -Use land use designation. This amendment would increase the maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum overall commercial density from 2,044,300 to 2,254,400 square feet. Circulation Element: (A) redesignate a portion of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway (six lanes divided with no parking or four lanes divided with left turn pockets and two parking lanes with a typical right -of -way width of 106 feet) to a Secondary Arterial Highway (four undivided lanes with parking on either side with a typical right -of -way width of 90 feet) to be consistent with the Orange County Master Plan of Arterial Highways and respective lane configurations; and (B) provide for Gene Autry Way between Betmor Lane and State College Boulevard to be up to 115 feet in width (up to 170 feet in width was previously advertised to provide for the "Grand Parkway" design described in the June 13, 2005, staff report to the Planning Commission, however, staff is requesting that the request be revised to 115 feet). This segment of Gene Autry Way is designated as a Primary Arterial Highway with a current typical width of up to 106 feet. 00089) — Request for Planning Commission recommendation that the City Council amend The Platinum Triangle Master Land Use Plan to incorporate the following: an adjustment to the boundaries of the mixed -use districts to include the North Net Fire Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to said District (321 of said units would be designated for the North Net Fire Training Center site); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to street cross - sections and density descriptions to reflect the above -noted changes. Zoning Code Amendment No. 2004 -00036 — Request for Planning Commission recommendation that the City Council amend the PTMU Overlay Zone to incorporate the following: an adjustment to the boundaries of the mixed -use districts to include the North Net Fire Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to said District (321 of said units would be designated for the North Net Fire Training Center site); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to density descriptions to reflect the above -noted changes and other City Code requirements. Case No. 2005- 00114) — Request for Planning Commission recommendation that the City Council adopt refinements to The Platinum Triangle Standardized Development Agreement to reflect mitigation measure requirements set forth in the Updated and Modified Mitigation Monitoring Program No. 106A, editorial refinements and updated fees. Page 2 Staff Report to the Planning Commission August 22, 2005 Item No. 3 Miscellaneous Case No. 2005 -00115 — Request that the Planning Commission rescind in part, Resolution No. PC2004 -83 and recommend that the City Council rescind in part, Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order to rescind resolutions of intent pertaining to the reclassification of a 3.21 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center ") from the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone. Reclassification No. 2004 -00134 — Request that the Planning Commission reclassify a 3.21 - acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center "), from the PR (Public Recreational) Zone to the PR (PTMU Overlay) (Public Recreational — Platinum Triangle Mixed -Use Overlay) Zone. BACKGROUND: (3) This item was continued from the July 25, 2005, Planning Commission meeting in order for staff to complete the Subsequent Environmental Impact Report Response to Comments document. (4) 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 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 intensity for The Platinum Triangle to be 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 of 0.50 and institutional development at a maximum floor area ratio of 3.0. In addition, the square footage and seats allocated to the existing Arrowhead Pond of Anaheim and all of the development intensity entitled by Area Development Plan No. 120 were incorporated into The Platinum Triangle Mixed -Use land use designation. (5) 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 adopted The Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay Zone, approved the form of the Standardized Platinum Triangle Development Agreement (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 approved associated Zoning reclassifications. Ordinances associated with the PTMU Overlay Zone and the approved zoning reclassifications became effective September 23, 2004. (6) The Platinum Triangle Master Land Use Plan (PTMLUP) carries out the goals and policies of the General Plan for The Platinum Triangle including serving as a blueprint for future development and street improvements. The PTMLUP includes a description of the Platinum Triangle Vision, an overview of the Mixed Use Districts and a description of the public realm landscape and identity concepts. Since adoption of the plan in 2004, one amendment has been approved pertaining to the Archstone apartment complex (to identify said project area as the Gateway District Sub Area B) and one amendment is in process to add additional commercial square footage to the Katella District (see description of D.R. Horton project in paragraph (11) of this staff report). (7) The Platinum Triangle Mixed Use (PTMU) Overlay Zone requirements are set forth in Chapter 18.20 of Title 18 of the Anaheim Municipal Code. The PTMU Overlay Zone encompasses approximately 375 acres and five Districts (the Katella, Gene Autry, Gateway, Arena and Page 3 Staff Report to the Planning Commission August 22, 2005 Item No. 3 Stadium Districts). The PTMU Overlay Zone provides opportunities for high quality well - designed development projects that could be stand -alone residential projects or combined with non - residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. Properties encompassed by the PTMU Overlay Zone can be operated, developed or expanded under their existing underlying zone, or, if the property owner chooses, developed under the PTMU Overlay Zone standards. Since adoption of the plan in 2004, one amendment has been approved pertaining to the Archstone apartment complex development standards and one amendment pertaining to the D.R. Horton project is in process to add additional commercial square footage to the Katella District. (8) On March 7, 2005, the Planning Commission initiated applications and proceedings pertaining to General Plan Amendment No. 2004 -00420 to amend the Land Use Element, Zoning Code Amendment No. 2004 -00036 and Miscellaneous Case Nos. 2004- 00089, 2005 -00114 and 2005 - 00115. (9) On June 13, 2005, the Planning Commission initiated applications and proceedings pertaining to General Plan Amendment No. 2004 -00420 (Tracking File No. 2005- 00432) to amend the Circulation Element. (10) Since the approval of The Platinum Triangle Master Land Use Plan, nine development applications have been processed to implement The Platinum Triangle vision. Six applications have been approved totaling 2,044 residential units and 24,844 square feet of commercial uses and five applications are under review totaling 3,328 residential units and 144,228 square feet of commercial uses. (11) Staff anticipates that Development Agreement No. 2005 -00004 and other associated actions to permit the development of the D.R. Horton project at 2100 E. Katella Avenue will be considered by the City Council on September 13, 2005 concurrently with this Item. On July 25, 2005, the Planning Commission recommended that the City Council approve the D.R. Horton project, which includes 251 for -sale units and 9764 square feet of commercial uses. A portion of the commercial uses associated with this project (5,608 square feet) is included in the 20,000 square feet of commercial uses analyzed in Subsequent EIR No. 332 for the Katella District. If the City Council approves both the D.R. Horton project and the subject City - initiated actions, the maximum commercial square footage in The Platinum Triangle may not exceed 2,254,400 square feet. ENVIRONMETAL IMPACT ANALYSIS (12) On May 25, 2004, the City Council certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans (including an Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle) ( "FEIR No. 330 ") under Resolution No. 2004 -04, in conjunction with its consideration and adoption of the citywide General Plan and Zoning Code Update Program and a series of related actions. (13) FEIR No. 330 evaluated the environmental impacts associated with the maximum development intensity and land uses designated by the General Plan for The Platinum Triangle and mitigation measures were identified in the Updated and Modified Mitigation Monitoring Program No. 106 to address any significant impacts. Section 1.2.2 of FEIR No. 330 indicates that the EIR would be utilized for subsequent activities implementing the goals and policies of the General Plan and Zoning Code Update including, but not limited to, the establishment of the PTMU Overlay Zone and associated reclassifications and the establishment of public realm, streetscape and landscape concepts for The Platinum Triangle. Reclassification of certain properties in The Platinum Triangle to the O -H (High Intensity Office) and the O -L (Low Intensity Office) Zones to maintain consistency with the new General Page 4 Staff Report to the Planning Commission August 22, 2005 Item No. 3 Plan and Zoning Code Update designations was also identified as a subsequent activity in the EIR. (14) In adopting The Platinum Triangle Master Land Use Plan and the other associated actions described in paragraph (5) of this staff report, the City Council determined that the previously - certified FEIR No. 330 was adequate to serve as the required environmental documentation as the FEIR contemplated said activities to carry out the goals and policies of the updated General Plan. The City Council also determined, however, that future individual development projects and infrastructure improvements which are proposed to implement The Platinum Triangle Master Land Use Plan and the associated zoning designations would require further environmental review and analysis in conjunction with the processing of discretionary applications. Therefore, additional environmental documentation (resulting in Mitigated Negative Declarations) has been prepared for each of The Platinum Triangle Development Agreements that have been approved to date. (15) To further analyze impacts associated with the implementation of The Platinum Triangle Master Land Use Plan and the related actions listed in paragraph (2) of this report, a Draft Subsequent Environmental Impact Report (DSEIR) has been prepared by the City. In order to define the scope and content of the DSEIR, a Notice of Preparation (NOP) for DSEIR No. 332 was circulated to public agencies, contiguous property owners and other interested parties for a 30 -day comment period ending on January 10, 2005. The NOP outlined the environmental issues to be addressed in the DSEIR including: Aesthetics, Air Quality, Geology /Soils, Hazards /Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public Services, Traffic and Circulation and Utilities and Service Systems. The NOP further indicated that the City of Anaheim would serve as Lead Agency for the SEIR. The City subsequently held a scoping meeting on January 6, 2005, to provide public agencies, contiguous property owners and other interested parties the opportunity to comment on issues to be addressed in the DSEIR. (16) DSEIR No. 332 was prepared under the City's direction in compliance with the California Environmental Quality Act (CEQA) and the State and City CEQA Guidelines. The City conducted its own independent evaluation and analysis of the DSEIR prior to circulating it to responsible agencies, organizations and interested parties and making it available for a 45- day public review period from June 1, 2005, to July 15, 2005. A copy of the DSEIR was also provided to the Planning Commission and City Council. The DSEIR was available for review on the City's website at http: / /www.anaheim.net (on the Planning Department page under "The Platinum Triangle ") in addition to the following locations in the City of Anaheim: • Planning Department, 200 S. Anaheim Boulevard • Main Library, 500 W. Broadway • Sunkist Branch Library, 901 S. Sunkist Street (17) By the close of the 45 -day public review period, staff received seven comment letters from responsible agencies. In addition, the City also accepted and responded to one letter from a responsible agency after the comment period had ended. The comments received pertained to air quality, water supply, toxic site remediation, traffic circulation, flood control, open space/ recreation and water quality. (18) On August 12, 2005, a Response to Comments document was made available for public review and mailed to all agencies, organizations and interested parties who provided comments on the DSEIR. In addition, the Response to Comments document was also provided to the Planning Commission and made available for public review on the City's website and the locations listed in paragraph (16) of this staff report. This document includes responses that address public /responsible agency comments received during the review period in addition to refinements to the DSEIR and the Updated and Modified Mitigation Monitoring Program No. 106A. As with the DSEIR, the Responses to Comments document Page 5 Staff Report to the Planning Commission August 22, 2005 Item No. 3 was prepared under the City's direction, and staff performed an independent evaluation and analysis of the document prior to releasing it for public review. Since the release of the Response to Comments document, one additional refinement to the SDEIR document has been provided in Attachment 1 -A to this staff report. (19) The Platinum Triangle DSEIR No. 332 analyzes the environmental impacts associated with development of The Platinum Triangle and incorporates recommended mitigation measures. The DSEIR indicates that Air Quality would be significantly impacted during construction and development phases within The Platinum Triangle. Mitigation measures identified in Section 5.2 of the DSEIR would reduce construction emissions; however, emissions would still remain a significant unavoidable adverse impact during construction. All other project impacts can be mitigated to an acceptable level with the incorporation of the recommended mitigation measures set forth in the Updated and Modified Mitigation Monitoring Program No. 106A. (20) CEQA requires that one or more findings be made for each significant environmental impact identified. When a project results in an impact that cannot be feasibly mitigated below a level of significance, CEQA also requires the decision - making agency to balance anticipated benefits of the project against its unavoidable environmental impacts; if the benefits of the project outweigh the unavoidable adverse impacts, the project may be approved if the agency issues a Statement of Overriding Considerations stating the specific reasons to support its actions. Therefore, a Statement of Findings of Fact addressing each of the project impacts, recommended mitigation measures and level of significance following mitigation for each of the topical issues addressed in the DSEIR is provided in Attachment No. 1 of this staff report. A Statement of Overriding Considerations addressing how the benefits of the project outweigh the unavoidable adverse air quality impacts associated with the project is also provided in said Attachment. Said documents may be revised, as appropriate, to reflect evidence presented during the public hearing process, project refinements and the final actions taken by the Planning Commission and City Council. (21) The Final SEIR ( "FSEIR ") No. 332 includes the DSEIR, the Response to Comments document, the Updated and Modified Mitigation Monitoring Program No. 106A and any documents submitted as part of the public record for the DSEIR. The information set forth in the FSEIR represents the independent judgment of the City of Anaheim with respect to all analysis and conclusions presented in the FSEIR. DISCUSSION: Following is a discussion of the requested City- initiated actions: General Plan Amendment No. 2004 -00420 (22) Land Use Element Amendments The adopted General Plan designates The Platinum Triangle for a variety of land uses including Mixed -Use, Office -High, Office -Low, Industrial and Institutional (see paragraph (4) of this staff report for a description of the adopted densities). The General Plan Land Use Element additionally sets forth density limitations for The Platinum Triangle Mixed -Use designations in "Table LU -4: General Plan Density Provisions for Specific Areas of the City" (an excerpt of said table is provided on the following page). The proposed amendment to the Land Use Element would redesignate a 3.21 -acre property located on the southeast corner of State College Boulevard and Rampart Street from the Office -High to the Mixed -Use land use designation. This property is currently developed with the North Net Fire Training Center and is owned by the City of Anaheim and operated under a Joint Powers Agreement between the Cities of Anaheim, Garden Grove and Orange. No mixed use development is proposed for this property at this time; however, City staff recommends that this property be redesignated to Mixed -Use to provide for additional housing Page 6 Staff Report to the Planning Commission August 22, 2005 Item No. 3 opportunities in the event that the existing use is relocated at a future date. As indicated in an exhibit in Attachment No. 2 to this staff report, this property is located in close proximity to another Mixed -Use area (the PTMU Overlay Zone, Stadium District to the north) and employment areas (the properties to the west across Rampart Street are designated for Office -High) and is in close proximity to freeway access (SR -57). The proposed amendment would also increase The Platinum Triangle Mixed -Use residential density by 325 dwelling units to correspond'with the redesignation of the 3.21 -acre property described above to Mixed -Use. If the number of residential units in the Mixed -Use designation was not increased, development of the 3.21 -acre property with residential units would result in a reduced number of units being available for development in other Mixed -Use areas of The Platinum Triangle. Also proposed is an increase in the maximum Mixed -Use commercial intensity by 210,100 square feet. This increase is proposed in order to provide for commercial square footage that could be targeted directly for Market Street and along Gene Autry Way and other areas east of State College Boulevard as further described in the amendments to The Platinum Triangle Master Land Use Plan and PTMU Overlay Zone (see paragraph (24) of this staff report). The additional intensity would contribute towards the vitality of Market Street and Gene Autry Way and still leave remaining commercial square footage that could be developed as part of other mixed use projects in The Platinum Triangle. Following is an excerpt from Table LU -4 which shows the proposed amendments to The Platinum Triangle Mixed -Use residential and commercial intensity: TABLE LU -4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Use Designations Permitted Density The Platinum Mixed -Use Up to 9 .175 9,500 dwelling units Triangle Area at densities up to 100 dwelling units per acre; up to 3,265,000 s.f. of office development at maximum FAR of 2.00; and, up to 2,04 4,390 2,254,400 s.f. of commercial development at a maximum FAR of 0.40. Office -High and Office -Low Up to 1,735,000 s.f. of office development at a maximum FAR of 2.0 for properties designated Office -High and a maximum FAR of 0.5. for properties designated Office -Low. (23) Circulation Element Amendments Cerritos Avenue Staff proposes that the General Plan Circulation Element be amended to redesignate the segment of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway to a Secondary Arterial Highway (see Attachment No. 2 for an exhibit depicting the location of this street segment). This redesignation would be consistent with the Orange County Master Plan of Arterial Highways map which currently identifies this segment of Cerritos Avenue as a Secondary Arterial Highway. The typical width of a Primary Arterial Highway is between 106 to 120 feet, consisting of a six -lane divided roadway with no Page 7 Staff Report to the Planning Commission August 22, 2005 Item No. 3 on- street parking or a four -lane divided roadway with left -turn pockets and on- street parking. The typical width of a Secondary Arterial Highway designation is 90 feet, consisting of four undivided lanes with on- street parking. The existing street width for this segment of Cerritos Avenue is 70 feet, consisting of a four lane undivided roadway with no on- street parking. Gene Autry Way Grand Parkway In the June 13, 2005, staff report requesting that Planning Commission initiate the General Plan Amendment pertaining to the Gene Autry Way Grand Parkway, staff had requested that the General Plan be modified to widen the segment of this street between State College Boulevard and Betmor Lane up to 170 feet in width. This expanded width was proposed to potentially provide for a landscaped median, two through traffic lanes in each direction, enhanced parkways with bike lanes, a one -way travel lane on each side of the street, on- street parking and wide sidewalks. Upon further review of this configuration, including an analysis of the distance between State College Boulevard, Market Street and the bridge over the 1 -5 Freeway, staff determined that there was not sufficient street length to accommodate the proposed design. Further, there was not sufficient bridge width to accommodate a bike lane nor are bike lanes required on the adjacent Connector Streets or Market Street. Staff did, however, determine that there should be some enhancements to this street as it will be an important connection between The Anaheim Resort and The Platinum Triangle. The Circulation Element Planned Roadway Network Map currently designates this segment of Gene Autry Way as a Primary Arterial Highway with an ultimate right -of -way width of 106 feet consisting of a six -lane divided roadway with no on- street parking. The current street width varies from 98 to 106 feet between Betmor Lane and State College Boulevard. The General Plan Circulation Element currently provides for Gene Autry Way to extend between State College Boulevard and Harbor Boulevard, traversing over the 1 -5 Freeway. Staff proposes to increase the ultimate right -of -way width for the segment of Gene Autry Way between Betmor Lane and State College Boulevard from 106 feet to up to 115 feet to provide for enhancements to the design of this street (which will be called the Gene Autry Way Grand Parkway). Conceptual plans call for a landscaped median island, three through traffic lanes in each direction and enhanced parkways and sidewalks. Exhibits showing a conceptual street cross - section and an illustrative depiction of the proposed street design are provided in Attachment No. 3 to this staff report. The ultimate street width would be 115 feet between State College Boulevard and Market Street. West of Market Street, the street would transition to its existing width as it nears the bridge overcrossing and the one -way side streets on either side of the bridge (this area is approximately in the vicinity of Betmor Lane). If an applicant wanted to provide for on- street parking along the Gene Autry Way Grand Parkway between State College Boulevard and Market Street, the street could be widened, at their option and in a design acceptable to the Public Works Department, an additional 8 feet, and the parkway design could include trees in tree wells instead of shrubs. The roadway would retain the Primary Arterial Highway designation. The increased width to 115 feet would be indicated on the Right -of -Way Exceptions List on file in the Planning Department. The proposed design would provide for enhancements to this connection between The Platinum Triangle and The Anaheim Resort. Amendment to The Platinum Triangle Master Land Use Plan (PTMLUP) (Miscellaneous Case No 2004- 00089) and the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Zoning Code Amendment No. 2004 -00036 (24) The requested amendments to the PTMLUP and PTMU Overlay Zone would: (A) Adjust the boundaries of the Mixed -Use districts to include the North Net Fire Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to said District (321 of said units would be designated for the North Net Fire Training Center site); and, Page 8 Staff Report to the Planning Commission August 22, 2005 Item No. 3 (B) Modify the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); (C) Modify the PTMLUP text and exhibits to incorporate additional technical refinements and clarifications. The proposed amendment includes refinements to street cross - sections and density descriptions and reflect the changes listed in (A) and (B) above and in General Plan Amendment No. 2005 - 00420. (D) Modify the PTMU Overlay Zone standards to incorporate additional technical refinements and clarifications. The proposed changes are identified in Attachment 4 to this staff report and include refinements to the standards to reflect the changes listed in (A) and (B) above and other standards pertaining to the following: • Provision for a Master Site Plan process. Currently the Code requires a detailed Final Site Plan to be submitted with each Development Agreement application to implement the PTMU Overlay Zone. Staff recommends that this process be modified to allow a Master Site Plan process for properties over 12 acres in size in order to encourage consolidation of parcels and provide for comprehensive site planning. A Master Site Plan would include sufficient exhibits to depict the proposed development areas and land uses, street systems, parks, infrastructure improvements and phasing. The Master Site Plan would be an exhibit of the Development Agreement. To implement the Master Site Plan, the applicant would submit detailed Final Site Plans to the Planning Commission for review at a noticed public hearing for review as to conformance with Code. Project specific conditions of approval could be added at that time. • Deletion of the height limitations adjacent to Gene Autry Way. The Code currently sets a height limit of 55 feet within 300 feet north and south of Gene Autry Way and 75 feet within 300 to 600 feet north and south of Gene Autry Way with higher heights allowed subject to the approval of a conditional use permit. Heights in other areas of The Platinum Triangle are permitted up to 100 feet with higher heights subject to approval of a conditional use permit. The purpose of this Gene Autry Way related height limitation was to preserve views of the Angel Stadium of Anaheim from the 1 -5 Freeway and the Anaheim Convention Center. With the slightly wider width of the street proposed as part of the requested General Plan Amendment and the arrangement of right -of -way and setback landscape to put canopy trees in the median and parkways and palm trees in the building setback areas, staff has determined that no additional height limitations or view preservation requirements are needed to preserve views of the Stadium. Therefore, staff is recommending that the Gene Autry Way height limitations be removed. Additional Gene Autry Way right -of -way to be counted towards acreage in determining maximum density for property. The proposed right -of -way increase along Gene Autry Way would be 4.5 feet wide on each side of the road. Staff proposes that this additional area be counted towards the total acreage when determining the maximum density allowed on the property. This same approach was used in The Anaheim Resort along Harbor Boulevard and Katella Avenue when the right -of -way was widened to include additional landscaped area. (25) The complete text of the proposed amendments is provided in strike -out format and are set forth in Attachment Nos. 3 (PTMLUP amendments) and 4 (PTMU Overlay amendments) of this staff report. These attachments include the respective changes to the PTMLUP and the PTMU Overlay Zone which are set forth in Appendix C to Subsequent DEIR No. 332 and additional refinements relative to the Gene Autry Way design, the Master Site Plan process, modification to the Urban Design Plan to add a Landmark Architecture symbol to the Market Page 9 Staff Report to the Planning Commission August 22, 2005 Item No. 3 Street/Katella Avenue intersection (southwest and southeast corners) and the Market Street/Gene Autry Way intersection (all corners) and a correction to the Orangewood Avenue bike lane configuration set forth in Attachment Nos. 3 -A and 4 -A to this staff report. (26) The request to rescind Resolution No. PC2004 -83 in part pertains to Reclassification No. 2004- 00127. In August 2004, the City Council approved Reclassification No. 2004 -180 to reclassify the 3.21 -acre North Net Fire Training Center site from the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone consistent with the adopted General Plan Update Office -High designation for that site. As previously indicated in this staff report, amendments to the General Plan, PTMLUP and PTMU Overlay Zone are proposed to redesignate this property to the Mixed -Use designation. In order to implement the Mixed -Use designation, the previous reclassification actions pertaining to the O -H Zone are proposed to be rescinded and this property is proposed to be reclassified to the PR (PTMU) (Public Recreation — Platinum Triangle Mixed -Use Overlay) Zone. The PR (Public Recreational) Zone provides for orderly use of City -owned property and facilities. Reclassification of this property to the PR (PTMU Overlay) Zone would retain the underlying PR Zone and, as an alternative opportunity, provide for the property to be developed with mixed uses. An exhibit depicting the 3.21 -acre site is provided in Attachment No. 7 of this staff report. Amendment to The Platinum Triangle Standardized Development Agreement (Miscellaneous Case No. 2005 - 00114) (27) Modifications to the Platinum Triangle Standard Development Agreement are proposed to reflect editorial refinements including references to FSEIR No. 332 and the Updated and Modified Mitigation Monitoring Program No. 106A. In addition, Exhibit D of the Agreement has been modified to remove references to interim Public Works Department fees as those fees have been incorporated into the Public Works Department adopted fee program. Said exhibit has also been modified to reflect adjustments to the Library and General Plan and Environmental Processing Fees. The editorial refinements and revisions are provided in strike -out format and are included in Attachment No. 5 to this staff report. FINDINGS (28) Prior to making a recommendation for approval of a General Plan Amendment, the Planning Commission shall make the following findings: (A) The proposed amendment maintains the internal consistency of the General Plan; (B) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; (C) The proposed amendment would maintain the balance of land uses within the City; and (D) If an amendment is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification, including, but not limited to access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses. RECOMMENDATION: (29) Staff recommends that unless additional or contrary information is received during the public hearing and, based upon its review and consideration of Final SEIR No. 332 and the Page 10 Staff Report to the Planning Commission August 22, 2005 Item No. 3 evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, and the findings included in the attached resolutions, the Planning Commission take the following actions: (A) By resolution (Attachment No. 1), recommend that the City Council, unless additional or contrary information is received during the public hearing, certify FEIR No. 332 and adopt a Statement of Findings of Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A and determine that FEIR No. 332 and the Updated Mitigation Monitoring Program No. 106A are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Proposed Project Actions based upon the findings set forth in the attached draft resolution. (B) By resolution (Attachment No. 2), recommend that the City Council adopt General Plan Amendment No. 2004 - 00420, amending the Land Use and Circulation Elements, based upon the findings set forth in the attached draft resolution. (C) By resolution (Attachment No. 3), recommend that the City Council approve an amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2004 - 00089), based upon the findings set forth in the attached draft resolution; (D) By resolution (Attachment No. 4), recommend that the City Council approve Zoning Code Amendment No. 2004 -00036 to amend the PTMU Overlay Zone (Chapter 18.20 of Title 18 of the Anaheim Municipal Code), based upon the findings set forth in the attached draft resolution; (E) By motion, recommend that the City Council approve revisions to The Platinum Triangle Standardized Development Agreement (Miscellaneous Case No. 2005 - 00114) as set forth in Attachment No. 5 to this staff report, based upon a finding that the proposed revisions reflect technical and editorial refinements and are consistent with the recommended amendments to the General Plan, Platinum Triangle Master Land Use Plan and PTMU Overlay Zone as set forth in this August 22, 2005, staff report to the Planning Commission. (F) By resolution (Attachment No. 6), rescind, in part, Planning Commission Resolution No. PC2004 -83, and recommend that the City Council rescind, in part, City Council Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order to rescind resolutions of intent pertaining to the reclassification of a 3.21 -acre property (Miscellaneous Case No. 2005 - 00115) based upon the findings set forth in the attached draft resolution; (G) By resolution (Attachment No. 7), approve Reclassification No. 2004 -00134 to reclassify property located at 2400 East Orangewood Avenue from the PR (Public Recreation) Zone to the PR (PTMU) (Public Recreation - Platinum Triangle Mixed Use Overlay) Zone based upon the findings set forth in the attached draft resolution; (H) By motion, request City Council review of Reclassification No. 2004 - 00134. Page 11 ATTACHMENT NO. 1 FEIR NO. 332 Draft Resolution [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT CITY COUNCIL (A) CERTIFY SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 332, (B) ADOPT A STATEMENT OF FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS AND (C) ADOPT THE UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106A. WHEREAS, on May 25, 2004, the City Council of the City of Anaheim, by Resolution No- 2004-04, certified Final Environmental Impact Report (FEIR) No. 330 (State Clearinghouse No. 2003041105), adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans (including an Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle) in conjunction with the consideration and adoption of the citywide General Plan and Zoning Code Update Program and related actions; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935 and, in adopting said Resolutions and Ordinance, determined that the previously - certified FEIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle were adequate to serve as the required environmental documentation for said actions. The City Council further determined that future individual development projects and infrastructure improvements proposed to implement The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone would require additional environmental review and analysis of potential environmental impacts in conjunction with the processing of discretionary applications; and WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR -57 Freeway 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 SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in Figure LU -5 (Areas of the City with Special Density Limitations) of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, on July 13, 2004, the Anaheim City Council directed staff to prepare a Subsequent Environmental Impact Report to serve as the primary environmental documentation for subsequent actions to implement the adopted Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use (PTMU) Overlay Zone and The Platinum Triangle Standardized Development Agreement including, but not limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, development agreements and other related actions for properties located within The Platinum Triangle (hereinafter referred to as "Project Implementation Actions "); and WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No- 2004-00420, Zoning Code Amendment No. 2004- 00036, Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to rescind in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004 - 00134; and, on June 13, 2005, initiated General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) (hereinafter collectively referred to as the 'Project Discretionary Actions "); and WHEREAS, the Project Implementation Actions pertaining to the adopted Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use (PTMU) Overlay Zone and The Platinum Triangle Standardized Development Agreement and the Project Discretionary Actions initiated by the Planning Commission on March 7, 2005 and June 13, 2005 pertaining to The Platinum Triangle, shall hereafter be collectively referred to herein as the "Project"; and CR/PC2005- 1- PC2005 WHEREAS, the City of Anaheim is the lead agency for the preparation and consideration of environmental documents for said Project, as defined in the California Environmental Quality Act of 1970, as amended, (hereinafter "CEQA') and the State of California Guidelines for the Implementation of the California Environmental Quality Act (hereinafter "State Guidelines "); and WHEREAS, said Project is subject to compliance with the provisions of the California Environmental Quality Act of 1970, as amended, ( "CEQA ") and the State of California Guidelines for the implementation of the California Environmental Quality Act (the "State Guidelines ") since said Project requires approval of discretionary actions by the City of Anaheim; and WHEREAS, the City of Anaheim has prepared, or caused to be prepared, the Draft Subsequent Environmental Impact Report No. 332 (hereinafter referred to as "DSEIR ") to serve as the environmental documentation for the Project, and has consulted with other public agencies, and the general public and given them an opportunity to comment on said DSEIR as required by the provisions of CEQA and the State Guidelines, as more fully described in the Staff Report to the Planning Commission dated August 22, 2005, which is incorporated herein by this reference; and WHEREAS, the City of Anaheim has evaluated the comments received from public agencies and persons who reviewed said DSEIR and has prepared responses to the comments received during the public review period; and WHEREAS, said comments and recommendations received on said DSEIR; a list of persons, organizations and public agencies commenting on the DSEIR; and the responses of the City of Anaheim to significant environmental points raised in the review and consultation process have been attached to and made a part of said DSEIR in a Response to Comments document dated August 12, 2005;and WHEREAS, said DSEIR, the Response to Comments document dated August 12, 2005, the Updated and Modified Mitigation Monitoring Program No. 106A and all documents submitted as part of the public record on DSEIR form the Final Subsequent EIR for said Project as required by Section 15132 of the State Guidelines ( "FSEIR No. 332 "); and WHEREAS, the City of Anaheim has prepared a draft Statement of Findings of Fact and a Statement of Overriding Considerations relating to FSEIR No. 332 in conformance with the requirements of CEQA and the State Guidelines; and WHEREAS, the City of Anaheim desires and intends to use FSEIR No. 332 as the environmental documentation required by CEQA and the State Guidelines for the above referenced Project Implementation Actions and Discretionary Actions to the extent authorized by law; and, WHEREAS, said FSEIR and Statement of Findings of Fact and Statement of Overriding Considerations and the Discretionary Actions have been presented to and independently considered by the Planning Commission of the City of Anaheim for review and consideration prior to the final approval of, and commitment to, said Discretionary Actions; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 22, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against said FOR and the Discretionary Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said FSEIR and Statement of Findings of Fact and Statement of Overriding Considerations and the Discretionary Actions will be scheduled for a duly noticed public hearing before the Anaheim City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim that the Planning Commission, based upon its review of the Project, FSEIR No. 332, and the -2- PC2005- Statement of Findings of Fact and Statement of Overriding Considerations, and having considered evidence presented at the public hearing on said FSEIR and the Project, does hereby recommend that the City Council, as lead agency for the Project, independently review and analyze FSEIR No. 332, and unless additional or contrary information is received during the City Council's public hearing on the Project, certify FSEIR No. 332 and adopt the attached Statement of Findings of Fact and Statement of Overriding Considerations, a copy of which is attached hereto marked Exhibit 1 to this Resolution, and which is incorporated herein by this reference as if set forth in full and determine that FSEIR No. 332 fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for the Project, including the Project Implementation Actions and Discretionary Actions to the extent authorized by law. BE IT FURTHER RESOLVED that pursuant to Section 21081.6 of the Public Resources Code, the Planning Commission hereby recommends that the City Council adopt that certain monitoring program described as the "Updated and Modified Mitigation Monitoring Program No. 106K to mitigate or avoid significant effects on the environment to ensure compliance during project implementation, a copy of which is attached hereto marked Exhibit 2 to this Resolution, and which is incorporated herein by this reference as if set forth in full. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 22, 2005. 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 and may be replaced by a City Council Resolution in the event of an appeal. r_\1111Ix.9i CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of 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 August 22, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 1 2005- SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2005- FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS THE PLATINUM TRIANGLE MASTER LAND USE PLAN FINAL SUBSEQUENT ENVIRONMENTAL IMPACTREPORT NO. 332 SCH # 2004121045 prepared for: CITY OF ANAHEIM Contact: Linda Johnson, Principal Planner prepared by: THE PLANNING CENTER Contact: William Halligan, Esq. Director of Environmental Services AUGUST 22, 2005 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS THE PLATINUM TRIANGLE MASTER t IF 6'Ul1b9ff] /tl,`I FINAL SUBSEQUENT ENVIRONMENTAL IMPACTREPORT SCH # 2004121045 �� prepared for: CITY OF ANAHEIM City of Anaheim Contact: Linda Johnson Planning Department Principal Planner 200 South Anaheim Boulevard Anaheim, CA 92805 prepared by: THE PLANNING CENTER 1580 Metro Drive Contact: William Costa Mesa, CA 92626 Halligan, Esq. Tel: 714.966.9220 • Fax. 714.966.9221 Director of Environmental E -mail: costamesa @planningcenter.com Services Website: www.planningcenter.com COA -23.OE AUGUST 22, 2005 Table of Contents �� The Platinum Triangle Final SEIR City of Anaheim • Page i Findings of Fact and Statement of Overriding Considerations P.�MA- z3\EIRT.&WVPTfd.t ff trev8- 15 -05.. Table of Contents 1. INTRODUCTION AND SUMMARY .......................................................... ............................1 -1 1.1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS ............1 -1 1.2 ENVIRONMENTAL REVIEW PROCESS ............................................ ............................... 1 -3 1.3 PROJECT SUMMARY .......................................................................... ............................1 -4 1.4 DOCUMENT FORMAT ...................................................................... ............................... 1 -6 2. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE SUBSEQUENT EI R ........................................................................................................ ............................... 2 -1 2.1 ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING /PROJECT PLANNING PROCESS ......................................................................... ............................2 -1 2.2 ALTERNATIVES SELECTED FOR ANALYSIS ...................................... ............................2 -2 3. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/ FEIR ............................................ ............................3 -1 3 .1 AESTHETICS ....................................................................................... ............................3 -1 3 .2 AIR QUALITY ........................................................................................ ............................3 -2 3.3 GEOLOGY AND SOILS ........................................................................ ............................3 -6 3.4 HAZARDS AND HAZARDOUS MATERIALS ..................................... ............................... 3 -8 3.5 HYDROLOGY AND WATER QUALITY ................................................ ...........................3 -11 3.6 LAND USE AND PLANNING ............................................................... ...........................3 -14 3 .7 NOISE ............................................................................................. ............................... 3 -14 3.8 POPULATION AND HOUSING ........................................................ ............................... 3 -16 3.9 PUBLIC SERVICES AND FACILITIES ................................................. ...........................3 -17 3.10 TRAFFIC AND CIRCULATION ......................................................... ............................... 3 -20 3.11 UTILITIES AND SERVICE SYSTEMS .................................................. ...........................3 -24 4. STATEMENT OF OVERRIDING CONSIDERATIONS ............................. ............................4 -1 4.1 SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS ........................... ............................4 -1 4.2 CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS ........................................................................... ............................... 4 -1 5 . REFERENCES ......................................................................................... ............................5 -1 �� The Platinum Triangle Final SEIR City of Anaheim • Page i Findings of Fact and Statement of Overriding Considerations P.�MA- z3\EIRT.&WVPTfd.t ff trev8- 15 -05.. Table of Contents This page intentionally left blank Page ii • The Planning Center August 2005 P.\C A- 23�EIRU'vi& TPTfindingoff¢trev8- 15 -05.hr I. Introduction and Summary The California Environmental Quality Act requires that a number of findings be made in connection with certification of an environmental impact report. The following preliminary Statement of Findings of Fact and Statement of Overriding Considerations for The Platinum Triangle Master Land Use Plan Final Subsequent Environmental Impact Report No. 332 is submitted to the Planning Commission /City Council for consideration. The document will be revised as appropriate to reflect evidence presented during the public hearing process, project refinements, and the final actions taken by the City Council. This document presents findings that must be made by the City of Anaheim prior to approval of the project pursuant to Sections 15091 and 15093 of the California Environmental Quality Act (CEQA) Guidelines and Section 21081 of the Public Resources Code. Under CEQA the Lead Agency (City of Anaheim) is required to make written findings concerning each alternative and each significant environmental impact identified in the Draft Environmental Impact Report (DSEIR) and Final Subsequent Environmental Impact Report (FSEIR). The City of Anaheim may find that: changes or alterations have been required in or incorporated into the project to avoid or substantially lessen the significant environmental effects identified in the DSEIR /FSEIR; such changes or alterations are within the purview and jurisdictions of another agency and have been adopted, or can and should be adopted, by that agency; or specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the DSEIR /FSEIR. Each of these findings must be supported by substantial evidence in the administrative record. Evidence from the DSEIR, FSEIR, mitigation monitoring program (MMP), and City's General Plan is used to meet ////��`//'''''''������..��. these criteria. ` 1.1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS !4� The California Environmental Quality Act (CEQA) (Pub Resc. Code §§ 21000, et seq.) and the State CEQA Guidelines (Guidelines) (14 Cal. Code Regs §§ 15000, et seq.) promulgated thereunder, require that the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can or should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the EIR. The Platinum Triangle Final SEIR City of Anaheim • Page 1 -1 Findings of Fact and Statement of Overriding Considerations PAS A- z3\ErR�F+n&Wn TPTfnding IS - os.x I. Introduction and Summary (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subsection (a) (2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. (d) When making the findings required in subsection (a) (1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. The "changes or alterations" referred to in Section 15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides: (a) CEQA requires the decision -maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable ". (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a) (2) or (a) (3). (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. Page 1 -2 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. I. Introduction and Summary It should be noted that the Draft SEIR identified significant environmental Impacts that could not be mitigated below a level of significance. Therefore, a Statement of Overriding Considerations is required for the decision - makers to approve the project. The Statement of Overriding Considerations is provided herein as Section 4. Having received, reviewed and considered the Final Subsequent Environmental Impact Report for The Platinum Triangle Master Land Use Plan, State Clearinghouse No. 2004121045 (FSEIR), as well as all other information in the record of proceedings on this matter, the following Findings of Fact and Statement of Overriding Considerations (Findings) are hereby adopted by the City of Anaheim (City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of The Platinum Triangle Master Land Use Plan and associated actions (Project). FppF -I& W.' r"•].9i if l4F.'14714''/�: r�9 In conformance with CEQA, the State CEQA Guidelines and the City of Anaheim CEQA Guidelines, the City of Anaheim conducted an extensive environmental review of the proposed Project. The environmental review process has included the following: • Completion of an Initial Study by the City of Anaheim, which concluded that a Subsequent EIR should be prepared, and the Notice of Preparation (NOP) which was released for a 30 -day public review period from December 10, 2004 to January 10, 2005. Section 2.3 of the DSEIR describes the issues identified for analysis in the DSEIR through the Initial Study, Notice of Preparation and public scoping process. • Completion of a scoping process in which the public and public agencies were invited by the City of COO Anaheim to participate. The scoping meeting for the SEIR was held on January 6, 2005. Preparation of a Draft SEIR by the City of Anaheim, which was made available for a 45 -day public review period (June 1, 2005 - July 15, 2005). The Draft SEIR consisted of two volumes. Volume I contains the text of the Draft SEIR. Volume II contains the Appendices, including the NOP, responses to the NOP and analysis of the following subjects: air quality, hazardous materials, noise, transportation and circulation, water quality and supply, sewer, and drainage. The Appendices also includes a description of the proposed amendments to the General Plan, The Platinum Triangle Master Land Use Plan and PTMU Overlay Zone that are described in Section 1.3 (Project Summary) below. Notice of the availability of the draft SEIR was sent to interested persons and organizations: it was also published in one newspaper of general circulation, and was posted at the Office of the Clerk of Orange County. Preparation of a Final SEIR, including the Comments and Responses to Comments on the Draft SEIR. The Final SEIR /Response to Comments contains the following: comments on the Draft SEIR; responses to those comments; revisions to the Draft SEIR; and appended documents including an Updated and Modified Mitigation Monitoring Program No. 106A which includes the measures set forth in DSEIR NO. 332, as modified to reflect changes described in the Response to Comments. The Final SEIR /Response to Comments was released for a 10 day public review period on August 12, 2005. • Public hearings on the proposed Project including a Planning Commission hearing on August 22, 2005, and a City Council hearing on September 13, 2005. The Platinum Triangle Final SEIR City of Anaheim • Page 1 -3 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnd+ng ff t, 8 - I5 - 05.x I. Introduction and Summary 1.3 PROJECT SUMMARY Pursuant to Section 15162 of the CEQA Guidelines, the City of Anaheim proposes preparation of a DSEIR to address the environmental impacts of the following actions associated with The Platinum Triangle Master Land Use Plan: Implementation of the adopted Platinum Triangle Master Land Use Plan, The Platinum Triangle Mixed -Use (PTMU) Overlay Zone, The Platinum Triangle Standardized Development Agreement and the Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, development agreements and other related actions for properties located within The Platinum Triangle. • General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) - Request for Planning Commission to recommend to the City Council adoption of an amendment to the City of Anaheim General Plan Land Use and Circulation Elements to provide for the following: Land Use Element Request to (A) redesignate a 3.21 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further described as 2400 East Orangewood Avenue ( "North Net Fire Training Center ") from the Office -High to the Mixed -Use land use designation and (B) to provide for an additional 325 dwelling units and up to 210,100 square feet of additional commercial square footage in The Platinum Triangle Mixed -Use land use designation. This amendment would increase the maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum overall commercial density from 2,044,300 to 2,254,400 square feet. Circulation Element Request to (A) redesignate a portion of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway (six lanes divided with no parking or four lanes divided with left turn pockets and two parking lanes with a typical right - of -way width of 106 feet) to a Secondary Arterial Highway (four undivided lanes with parking on either side with a typical right -of -way width of 90 feet) to be consistent with the Orange County Master Plan of Arterial Highways and respective lane configurations; and (B) to provide for Gene Autry Way between Betmor Lane and State College Boulevard to be up to 170 feet in width to provide for the construction of the "Grand Parkway" (this segment of Gene Autry Way is designated as a Primary Arterial with a current typical width of up to 106 feet). Miscellaneous Case No. 2005-00115 - Request for Planning Commission to rescind in part, Resolution No. PC2004 -83 and recommend that the City Council rescind in part, Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order to rescind resolutions of intent pertaining to the reclassification of a 3.21 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center ") from the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone. • Reclassification No. 2004 -00134 - Request for Planning Commission to reclassify a 3.21 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center ") from the PR (Public Recreational) Zone to the PR (PTMU) (Public Recreation - Platinum Triangle Mixed -Use Overlay) Zone. Page 1 -4 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. I. Introduction and Summary Miscellaneous Case No. 2005 -00089 (Amendment to The Platinum Triangle Master Land Use Plan) - Request for Planning Commission to recommend to the City Council adoption of an amendment to the PTMU Overlay Zone to incorporate the following: an adjustment to the boundaries of the mixed - use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to street cross - sections and density descriptions to reflect the above -noted changes and other City Code requirements. Zoning Code Amendment No. 2004 -00036 - Request for Planning Commission to recommend to the City Council adoption of an amendment to the PTMU Overlay Zone to incorporate the following: an adjustment to the boundaries of the mixed -use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to density descriptions to reflect the above -noted changes and other City Code requirements. • Miscellaneous Case No. 2005 -00114 (Amendment to The Platinum Triangle Standardized Development Agreement) - Request for Planning Commission to recommend to the City Council adoption of refinements to The Platinum Triangle Standardized Development Agreement to reflect mitigation measure requirements set forth in the Updated and Modified Mitigation Monitoring Program No. 106A, editorial refinements and updated fees. • Table 1 -1 indicates the amended development intensities for the PTMU Overlay Districts. The Platinum Triangle Final SEIR Findings of Fact and Statement of Overriding Considerations City ofAnaheim • Page 1 -5 PAS A- 23\EIR�Fin&Wrs TPTfindingoff¢trev8- 15 -05Ax �� I. Introduction and Summary Table 1 -1 The Platinum Triangle PTMU Overlay Zone Proposed Development Intensities* District Housing Units Office Square Feet Commercial Square Feet Stadium 1,750 1,760,000 1,300,000 Arena 425 100,000 100,000 Katella 4,250 775,000 630,300 Gene Autry 1,000 100,000 174,100 Gateway 2,075 530,000 50,000 Total 9,500 3,265,000 2,254,400 Includes intensities associated with Arrowhead Pond of Anaheim and the Stadium uses per Area Development Plan No. 120 (Sportstown), which also provided for a total of 119,543 seats for new and /or renovated stadiums and a 150,000 square foot exhibition center. Overview of The Platinum Triangle Master Land Use Plan The Platinum Triangle Master Land Use Plan serves as the blueprint for future development and street improvements within The Platinum Triangle setting forth planning principals, development intensities, conceptual street and park locations, potential new signalized intersection locations and streetscape designs including landscaping, lighting fixtures, and street furniture (i.e., bus shelters). The Plan also identifies the existing Amtrak /Metro link Station/Anaheim Regional Transportation Intermodal Center (ARTIC). On May 25, 2004, the Anaheim 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 intensity for The Platinum Triangle to be 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 of 0.50 and institutional development at a maximum floor area ratio of 3.0. In addition, the square footage /seats allocated to the existing Arrowhead Pond of Anaheim and all of the development intensity entitled by Area Development Plan No. 120 were also incorporated into The Platinum Triangle Mixed -Use land use designation. For purposes of environmental analysis, this DSEIR assumes that a total of 9,500 dwelling units, 5,000,000 square feet of office space, and 2,254,400 square feet of commercial uses (including the intensities associated with the Arrowhead Pond of Anaheim and the uses per Area Development Plan No. 120) could be developed within The Platinum Triangle, consistent with adopted General Plan and proposed amendments described above. 1.4 DOCUMENTFORMAT This document summarizes the significant environmental impacts of the project, describes how these impacts are to be mitigated, and discusses various alternatives to the proposed project which were developed in an effort to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated in the findings. Page 1 -6 • The Planning Center August 2005 P.\C A- 23�EIRU'vi& TPTfindingoff¢trev8- 15 -05A. I. Introduction and Summary This document is divided into the following five sections: • Section 1.0 - Introduction and Summary; • Section 2.0 - Findings on the Project Alternatives Considered in the Environmental Impact Report; • Section 3.0 - Findings on Potentially Significant Impacts of the Proposed Project Identified in the DSEIR /FSEIR; • Section 4.0 - Statement of Overriding Considerations; • Section 5.0 - References. Section 2.0, Findings on the Project Alternatives Considered in the Environmental Impact Report, presents alternatives to the project and evaluates them in relation to the findings set forth in Section 15091(a) (3) of the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of the specific economic, social, or other considerations. Section 3.0, Findings on Potentially Significant Impacts of the Proposed Project Identified in the DSEIR /FSEIR, presents significant impacts of the proposed project that were identified in the FSEIR, the mitigation measures identified in the Updated and Modified Mitigation Monitoring Program No. 106A (dated August 2005), the findings for the impacts, and the rationales for the findings. Section 4.0, Statement of Overriding Considerations, presents the overriding considerations for significant impacts related to the project that cannot be or have not been mitigated or resolved. These considerations are required under Section 15093 of the State CEQA Guidelines, which require decision ��`//'''��.�. makers to balance the benefits of a proposed project against its unavoidable environmental risk in Q� determining whether to approve the project. Section 5.0, References, identifies all references cited in this document. The Platinum Triangle Final SEIR Findings of Fact and Statement of Overriding Considerations City ofAnaheim • Page 1 -7 PAS A- 23\EIR�Fin&Wrs TPTfindingoff¢trev8- 15 -05.hr I. Introduction and Summary This page intentionally left blank Page 1 -8 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05.hr 2. Findings on Project Alternatives The following discussion is intended to provide a summary of the alternatives considered and rejected in The Platinum Triangle Subsequent EIR, including the "No- Project" /Existing MLUP Alternative, the Reduced Intensity Alternative, and the Increased Residential Alternative. 2.1 ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING /PROJECT PLANNING PROCESS The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in this SEIR. The feasibility of developing the project on an alternative site was the only alternative reviewed and rejected during the scoping /project planning process. 2.1.1 Alternative Sites CEGA requires that the discussion of alternatives focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project. The key question and first step in the analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (Guidelines Sec. 15126(5)(B)(1)). In general, any development of the size and type proposed by the project would have substantially the same impacts on aesthetics, air quality, land use /planning, noise, population/ housing, public services, recreation, transportation /traffic and utilities /service systems. Without a site specific analysis, impacts on aesthetics, biological resources, cultural resources, /�, geology /soils, hazards and hazardous materials, hydrology /water quality and mineral resources cannot ` Q) be evaluated. / Where a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for projects with the same basic purpose, the lead agency should review the previous document. The EIR may rely on the previous document to help it assess the feasibility of potential project alternatives to the extent the circumstances remain substantially the same as they relate to the alternative (Guidelines Sec. 15126(5)(B)(3)). On May 25, 2004, the Anaheim City Council adopted the General Plan and Zoning Code Update for the City of Anaheim. Through this comprehensive General Plan Update, the City reduced allowable densities in the Hill and Canyon Area of the City which contained significant biological resources, and created a Mixed Use land use designation in The Platinum Triangle, which allows the introduction of residential units in this area through redevelopment of this predominantly industrial area. Therefore, through preparation of the General Plan, the City identified the most environmentally sensitive areas for permanent protection as open space. Less environmentally sensitive areas were designated for development. As a result, the Project Area is designated for a mix of residential, office, and commercial uses in accordance with the City's General Plan. As the California Supreme Court indicated in its decisions in Citizens of Goleta Valley v. Board of Supervisors, 52 Cal. 3d 553 (1990): The general plan has been aptly described as the "constitution for all future developments" within the city or county... "The propriety of virtually any local decision affecting land use and development depends upon consistency with the applicable general plan and its elements. "... To be sure, the general plan is not immutable, far from it. But it may not be trifled with lightly, as the limitation on the number of amendments to the general plan in any calendar year attests." (Goleta, at 570 -571) The Platinum Triangle Final SEIR City of Anaheim • Page 2 -1 Findings of Fact and Statement of Overriding Considerations PAcon- 2\ErR�Fin&W�TPTh"e:ag ff t,"„s- IS -os. x 2. Findings on Project Alternatives ...in some circumstances, an EIR may consider alternatives requiring a site - specific amendment of the general plan. However, an EIR is not ordinarily an occasion for the reconsideration or overhaul of fundamental land use policy. (Goleta, at 573) Consistent with the Supreme Court's interpretation of the role of the General Plan in framing CEQA alternatives analysis, and in consideration of the General Plan Update, no alternative sites within the jurisdiction of the City are considered to be feasible alternatives to the Proposed Project, since they would not reduce the environmental impacts associated with the project. In addition, the mixed use opportunities within The Platinum Triangle are directly related to its location adjacent to major transportation facilities and activity centers, including the SR -57 and I -5 Freeways, Angel Stadium of Anaheim, and Arrowhead Pond of Anaheim. Therefore, there are no available alternative sites which could accommodate the Proposed Project. The CEQA Guidelines indicate that an EIR must "describe a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives." [Guidelines Sec. 15126.6(a)] Accordingly, the alternatives selected for review pursuant to this EIR focus on: (a) the specific General Plan policies pertaining to project site; and, (b) alternatives that could eliminate or reduce significant environmental impacts to a level of insignificance, consistent with the project objectives (i.e. the alternatives could impede to some degree the attainment of project objectives, but still would enable the project to obtain its basic objectives). The alternatives analyzed in the following sections include: 1. "No- Project" /Existing General Plan Alternative; 2. Reduced Intensity Alternative; 3. Increased Residential Alternative. 2.2.1 "No- Project %Existing MLUP Alternative When the project is the revision of an existing land use or regulatory plan, policy, or ongoing operation, the no- project alternative will be the continuation of the plan, policy, or operation into the future. Therefore, the No Project/Existing Master Land Use Plan Alternative, as required by the CEQA Guidelines, analyzes the effects of continued implementation of the City's existing Master Land Use Plan. This alternative assumes that the existing Platinum Triangle Master Land Use Plan would remain unchanged. The 3.21 -acre North Net Fire Training Center would retain its current designation of Office - High instead of the proposed Mixed -Use land use designation. This alternative would also preclude the proposed General Plan Amendment to provide for an additional 325 dwelling units and up to 210,100 square feet of additional commercial square footage in The Platinum Triangle Mixed -Use land use designation. As a result, the No- Project/Existing Master Land Use Plan Alternative assumes a total of 9,175 dwelling units and a maximum overall commercial density of 2,044,300 square feet. Finding: Alternative less than Desirable The City Council finds that the "No- Project" /Existing Master Land Use Plan Alternative is less desirable than the proposed project and rejects this Alternative for the following reasons: • This alternative would not avoid or substantially lessen any of the Proposed Projects impacts. Page 2 -2 • The Planning Center August 2005 P:\COA- 23\EIRU'+& TPTfird.poff¢trev8- 15 -05A. 2. Findings on Project Alternatives • This alternative would meet all of the project objectives identified in Section 3.2 of the FSEIR, but not to the extent attained by the implementation of the Proposed Project. • Unavoidable adverse impacts to air quality would still occur and adoption of a Statement of Overriding Considerations would still be required. 2.2.2 Reduced Intensity Alternative This alternative would reduce overall residential intensity within the project by 20 percent. Implementation of this Alternative would result in a total of 7,600 residential units, 2,612,000 square feet of office, and 1,803,520 square feet of commercial, as shown below. Other aspects of the Master Land Use Plan including the Market Street, landscaping, and other improvements would remain similar to the Proposed Project. The intent of this alternative is to reduce the impacts associated with implementation of The Platinum Triangle Master Land Use Plan while achieving the goals and objectives established in the City's General Plan. Finding: Alternative less than Desirable The City Council finds that the Reduced Intensity Alternative is less desirable than the proposed project and rejects this Alternative for the following reasons: • This alternative would satisfy most of the project objectives, but not to the extent of which can be achieved by implementing the Proposed Project. • Unavoidable adverse impacts to air quality would still occur and adoption of a Statement of Q� Overriding Considerations would still be required. 2.2.3 Increased Residential Intensity Alternative The Increased Residential Intensity Alternative would include 15,000 residential units, but would reduce office square footage by approximately one million square feet and commercial square footage by 381,000 square feet. The resulting intensities would maintain overall traffic volumes at the same level as with the Proposed Project. This alternative would increase residential development by 5,500 units, although the proposed land use designations and boundaries would remain unchanged. However, increased residential development could require increases in parkland dedication and increased school demands. This alternative is not currently allowed by the General Plan, the adopted Master Land Use Plan or the PTMU Overlay Zone, and would require amendments to said documents. Finding: Alternative less than Desirable The City Council finds that the Reduced Intensity Alternative is less desirable than the proposed project and rejected this Alternative for the following reasons: • This alternative would slightly increase impacts associated with public services and utilities /service systems. • This alternative would not reduce any impacts associated with the Proposed Project. It would increase level of impacts on categories including aesthetics, land use /planning, public services, recreation, and utilities and service systems. • Unavoidable adverse impacts to air quality would still occur and adoption of a Statement of Overriding Considerations would still be required. The Platinum Triangle Final SEZR City ofAnaheim • Page 2 -3 Findings of Fact and Statement of Overriding Considerations PAcon- 2\ErR�Fin& ff t, 8- 15 -05.x 2. Findings on Project Alternatives This page intentionally left blank. Page 2 -4 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05.hr 3. Findings on Potentially Significant Impacts This section identifies the findings on impact categories analyzed in the DSEIR / FSEIR including potentially significant impacts of the project. 3.1 AESTHETICS Impact 5.1 -1 The Proposed Project would alter the visual appearance of the Project Area. As discussed in the DSEIR, the Project Area is highly urbanized with industrial, commercial, and recreational uses, but with no residential development. The existing development does not provide a cohesive design and lacks a consistent landscape program. The existing industrial development does not exhibit any significant visual resources. Development of the Project Area would result in an intensification of the existing urban character of the Project Area through demolition or renovation of existing structures and construction of new structures. New development would be of quality design in conformance with The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone or other applicable zoning designation. As indicated previously, shadow lengths are dependent on the height and size of the building from which it is cast and the angle of the sun. While the Project Area is developed with buildings that cast shadows, the increased allowable height and density would result in increased shadow lengths and widths being cast by the buildings. However, because the extent and duration of shadows cast by buildings developed in The Platinum Triangle would depend on the actual design, bulk, height, and location of structures in relation to open space and pedestrian areas, without the actual site plans and building elevations, an attempt to evaluate the actual shade /shadow impacts in this DSEIR would be speculative, thus not warranted. 50 Mitigation Measures: Applicable Measure from MMP No. 106 There are no applicable measures relating to aesthetics identified in MMP No. 106. Additional Mitigation 5.1 -1 As part of the Final Site Plan application, where adjacent uses are deemed to be shadow sensitive (i.e., residential, recreational, outdoor restaurants, and pedestrian areas), the property owner /developer for future development projects shall demonstrate that the Proposed Project would not preclude shadow sensitive receptors' exposure to natural sunlight for at least 50 percent of duration for the season, for at least 50 percent of the shade sensitive area, to the satisfaction of the Planning Director. Finding: The mitigation measures are feasible and avoid or substantially lessen potentially significant aesthetic impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Impact 5.1 -2 The Proposed Project would generate additional light and glare. The Platinum Triangle is envisioned as a regional activity center with entertainment, retail, high density housing and office uses that require a certain level of after -hour nighttime lighting. Nighttime illumination of buildings, pedestrian walkways, parking areas, park facilities, and roadways internal to the Project The Platinum Triangle Final SEIR City ofAnaheim • Page 3 -1 Findings of Fact and Statement of Overriding Considerations PAcona3\ErR�Fin& ff t, 8- 15 -05.x 3. Findings on Potentially Significant Impacts Area will be used to highlight building design features, emphasize prominent entrances and plazas, and create a feeling of security. Although a limited increase in nighttime light sources is anticipated, because the Project Area is currently developed with urban uses and is not adjacent to any major open space areas, the increase would not be considered significant. Mitigation Measures: No additional mitigation measures are required. Finding: Since the project area is already developed and not located adjacent to sensitive uses, no significant impacts are anticipated for the reasons set forth in the Draft SEIR. 3.2 AIR QUALITY Impact 5.2 -1 Construction activities associated with the Proposed Project would generate short - term emissions in exceedance of SCAQMD's threshold criteria. Construction activities associated with new development occurring in the Project Area would temporarily increase localized PM10, ROC, NOx, SOx, and CO concentrations in the project vicinity. The primary source of construction- related ROC and NOx emissions is gasoline- and diesel - powered, heavy -duty mobile construction equipment such as scrapers and motor graders. Primary sources of PM10 emissions would be clearing and demolition activities, excavation and grading operations, construction vehicle traffic on unpaved ground, and wind blowing over exposed earth surfaces. Mitigation Measures: Applicable Measures from MMP No. 106: 5.2 -1 On -going during grading and construction, the property owner /developer shall be responsible for requiring contractors to implement the following measures to reduce construction - related emissions; however, the resultant value is expected to remain significant. a) The contractor shall ensure that all construction equipment is being properly serviced and maintained to reduce operational emissions. b) Where feasible, the contractor shall use alternative clean fuels such as electric - or compressed natural, gas - powered construction equipment with oxidation catalysts instead of gasoline - or diesel - powered engines. However, where diesel equipment has to be used because there are no practical alternative, the construction contractor should use emulsified diesel or low sulfur diesel, as defined in SCAQMD Rule 431.2., i.e., diesel with less than 15 ppm sulfur content. c) The contractor shall utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators where feasible. 5.2 -2 On -going during grading and construction, the property owner /developer shall implement the following measures in order to reduce PM,, emissions: Page 3 -2 • The Planning Center August 2005 P:,COA- 23,EIRU'vi& TPTfindingoff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts a) The property owner /developer shall implement standard mitigation measures in accordance with SCAQMD Rules 402 and 403, to control fugitive dust emissions and ensure that nuisance dust conditions do not occur during construction. b) In addition to the standard measures, the property owner /developer shall implement supplemental measures as feasible to reduce fugitive dust emissions to the extent feasible during construction operations. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below: • Re- establish ground cover on the construction site through seeding and watering. • Pave on -site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Restore landscaping and irrigation that are removed during construction in coordination with local public agencies. • Sweep streets on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. • Suspend grading operations during high winds in accordance with Rule 403 requirements. ��`//'''��.�. • Wash off trucks leaving site. Q� • Maintain a minimum 12 -inch freeboard ratio on haul trucks. • Cover payloads on trucks hauling soil using tarps or other suitable means. 5.2 -3 Prior to approval of each grading plan (for Import/Export Plan) and prior to issuance of demolition permits (for Demolition Plans), the property owner /developer shall submit Demolition and Import/Export Plans. These plans shall include identification of off -site locations for materials exported from the project and options for disposal of excess material. These options may include recycling of materials on -site or to an adjacent site, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, i not all can be reused at the project site. 5.2 -4 Prior to approval of each building permit, the property owner /developer shall submit evidence that high - solids or water -based low emissions paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. To ensure that volatile organic compounds (vOC) emissions from architectural coatings do not exceed AQMD's significance thresholds for architectural coatings, the number of gallons of coatings shall be restricted, to the maximum extent feasible, to the maximum daily coating usage shown in Table 5.2 -9 of the SEIR. This information shall be denoted on the project plans and specifications. Additionally, the property owner /developer shall specify the use of high volume /low pressure spray equipment or hand application. Air atomized spray techniques shall not be permitted. Where feasible, the paint contractor shall use hand applications as well. The Platinum Triangle Final SEIR City of Anaheim • Page 3 -3 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnding ff t, 8 - 15 - 05.x 3. Findings on Potentially Significant Impacts 5.2 -5 In accordance with the timing required by the Traffic and Transportation Manger, but no later than prior to the first final Building and Zoning inspections, the property owner /developer shall implement the following measures to reduce long -term operational CO, NO ROG, and PM,, emissions: • Traffic lane improvements and signalization as outlined in the traffic study and MPAH shall be implemented as required by the Traffic and Transportation Manager. • The property owner /contractor shall place bus benches and /or shelters as required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. Finding: Project related air quality impacts are considered a significant unavoidable adverse impact and a Statement of Overriding Considerations is required. Impact 5.2 -2: Long -term operation of the project would generate additional vehicle trips and associated emissions. Long -term air emission impacts are those associated with stationary sources and mobile sources related to any change related to the Proposed Project. The proposed development would consist of 9,500 housing units, 3,265,000 square feet of office, and 2,254,400 square feet of commercial area. The stationary source emissions from this land use would come from its consumption of natural gas and electricity. Based on the traffic study prepared for this project by Parsons Brinckerhoff Quade & Douglas, Inc. (April 2005), the Proposed Project would generate 269,878 average daily trips. Using the default emission factors included in URBEMIS2002, emissions associated with project - related vehicular trips were calculated and are included in Table 5.2 -7. As shown, project - related emissions would exceed the SCAQMD daily emissions thresholds for CO, ROG, NOx, and PM, Mobile sources represent the largest source of operational emissions for the project. Therefore, the Proposed Project's impact is considered significant. Mitigation Measures: Applicable Measures from MMP No. 106: 5.2 -6 Prior to issuance of a building permit, implementation of energy conservation techniques (i.e., installation of energy saving devices, construction of electrical vehicle charging stations, use of sunlight filtering window coatings or double -paned windows, utilization of light- colored roofing materials as opposed to dark - colored roofing materials, and placement of shady trees next to habitable structures) shall be indicated on plans. Additional Mitigation: 5.2 -7 Prior to issuance of a building permit, the property owner /developer shall be responsible for the placement of a note on the plans stating that to reduce the health impacts of air quality hazards within The Platinum Triangle, placement of wood burning fireplaces in residential units shall be prohibited. As an alternative to wood burning fireplaces, gas fireplaces may be used. Page 3 -4 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts Finding: Project related air quality impacts are considered a significant unavoidable adverse impact and a Statement of Overriding Considerations is required. Impact 5.2 -3: The Proposed Project could expose sensitive receptors to substantial pollutant concentrations. The traffic analysis prepared by Parsons Brinckerhoff Quade & Douglas, Inc. (April 2005) evaluated the future (2025) traffic conditions at six intersections in the project vicinity having high traffic volumes and low levels of service. The traffic analysis evaluated the traffic conditions under four different land use scenarios. Table 5.2 -8 in the DSEIR lists the CO concentrations that would result at the six intersections for the 2025. As shown in Table 5.2 -8, none of the six intersections analyzed would have 8 -hour CO concentration exceeding Federal and State standards of 9 ppm. The one -hour CO concentration at these intersections would also be below the State standard of 20.0 ppm and below the Federal standard of 35 ppm. The Proposed Project would not have a significant impact on local air quality for CO, and no mitigation measures would be required. Mitigation Measures: No mitigation measures are necessary. Finding: Since the projected CO concentrations are below the State and Federal standards, no significant impacts are anticipated for the reasons set forth in the Draft SEIR. Impact 5.2 -4: The Proposed Project is consistent with the applicable air quality management plan. CEQA requires that projects be consistent with the AQMP. A consistency determination plays an C important role in local agency project review by linking local planning and individual projects to the AQMP. It fulfills the CEQA goal of informing decision - makers of the environmental efforts of the project under consideration at a stage early enough to ensure that air quality concerns are fully addressed. It also provides the local agency with on -going information as to whether they are contributing to clean air goals contained in the AQMP. Only new or amended General Plan elements, Specific Plans, and major projects need to undergo a consistency review. This is because the AQMP strategy is based on projections from local General Plans. Projects that are consistent with the local General Plan are considered consistent with the air quality- related Regional Plan. The Master Land Use Plan is balanced in that it provides for a wide -range of housing opportunities to serve future employees, thus has the opportunity to reduce VMT. While the average daily trips would increase from 259,946 under the current land use plan to 269,878 average daily trips under the project, compared to SCAG's 2004 RTP the Master Land Use Plan would improve the job /housing ratio by introducing housing units into a major regional employment center. As such, vehicle miles traveled under the Master Land Use Plan is expected to be less than that forecast under the AQMP due to the incorporation of housing in a job rich area. Therefore, the Proposed Project is considered consistent with the 2003 AQMP. Mitigation Measures: No mitigation measures are necessary. Finding: Since the proposed project is consistent with the AQMP, no significant impacts are anticipated for the reasons set forth in the Draft SEIR. The Platinum Triangle Final SEIR City of Anaheim • Page 3 -5 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnd+ng ff t�s z5 - o5.x 3. Findings on Potentially Significant Impacts Impact 5.2 -5: The Proposed Project would not create objectionable odors. Project construction would involve the use of heavy equipment creating exhaust pollutants from on -site earth movement and from equipment bringing asphalt and other building materials to the site. With regards to nuisance odors, any air quality impacts would be confined to the immediate vicinity of the equipment itself. By the time such emissions reach any sensitive receptor sites away from the project site, they are typically diluted to well below any level of air quality concern. An occasional 'Whiff' of diesel exhaust from passing equipment and trucks accessing the site from public roadways may result. Such brief exhaust odors are an adverse, but not significant, air quality impact. Mitigation Measures: No mitigation measures are necessary. Finding: Since the types and concentrations of odors are typical of residential communities, no significant impacts are anticipated for the reasons set forth in the Draft SEIR. 3.3 GEOLOGYAND SOILS Impact 5.3 -1: Existing and future structures within The Platinum Triangle would be subjected to potential seismic - related hazards. As with other developments in Southern California, development associated with the project, may be exposed to impacts from earthquakes, including strong seismic ground shaking. The State regulates development in California through a variety of tools that reduce or mitigate potential hazards from earthquakes or other geologic hazards. The California Building Code (CBC), Unreinforced Masonry Law, Alquist - Priolo Earthquake Fault Zoning Act and the State of California Seismic Hazards Mapping Act govern development in potentially seismically active areas. The CBC contains provisions to safeguard against major structural failures or loss of life caused by earthquakes or other geologic hazards. Mitigation Measures: Applicable Measures from MMP No. 106: 5.3 -1 Prior to approval of a grading plan, if within a Seismic Hazard Zone, the property owner /developer shall submit to the Public Works Department a site specific report in compliance with DMG Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California. The report shall be prepared by an engineering geologist and geotechnical engineer. All grading shall be in conformance with Title 17 of the City of Anaheim Municipal Code. 5.3 -2 Prior to issuance of a building permit, the property owner /developer shall submit to the Planning Department, Building Division, for review and approval, detailed foundation design information for the proposed buildings, prepared by a civil engineer, based on recommendations of a geo—technical engineer. 5.3 -3 Prior to issuance of a building permit, the property owner /developer shall submit to the Planning Department, Building Division, a report prepared by a geotechnical engineer for review and approval which shall investigate the subject foundation excavations. Page 3 -6 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts 5.3 -4 Prior to issuance of a building permit, the property owner /developer shall submit to the Planning Department, Building Division, plans showing that the proposed structure(s) has been analyzed for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim. 5.3 -5 Prior to first final building and zoning inspection, for any proposed hotel uses including condominium hotels, the property owner /developer shall submit an earthquake emergency response plan to the City of Anaheim Planning Department, Building Division, for review and approval. The plan shall require posted notices in all hotel rooms and earthquake safety procedures and incorporate on -going earthquake training for hotel staff. 5.3.6 On -going during grading operations, the property owner /developer shall implement standard practices relating to grading from City Ordinance (Title 17) and policies to the satisfaction of the Public Works Department, Field Engineering Division. Finding: The mitigation measures are feasible and avoid or substantially lessen potentially significant geology and soils impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Impact 5.3 -2: Unstable geologic unit or soils conditions, including soil erosion, could result due to development of the Droiect. The majority of the Project Area enjoys a relatively flat topography and minimal potential for erosion impacts. Development would be subject to local and State codes and requirements for erosion control ����,,,, ,,,, and grading. In addition, project sites encompassing an area of one or more acres would require a_) compliance with a National Pollutant Discharge Elimination System (NPDES) permit and consequently 4 the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). With adherence to these codes and regulations and implementation of the General Plan Goals and Policies, impacts would be reduced to below a level of significance. Mitigation Measures: No mitigation measures are necessary. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to soils and geology for the reasons set forth in the Draft SEIR. Impact 5.3 -3: Soil conditions could result in risks to life or property. Expansive soils are those possessing clay particles that react to moisture changes by shrinking (when they dry) or swelling (when they become wet). Expansive soils can also consist of silty to sandy clay. The extent of shrinking and swelling is influenced by the environment, such as alternating wet and dry cycles, and by the amount of clay in the soil. This physical change in the soils can react unfavorably with building foundations, concrete walkways, swimming pools, roadways, masonry walls, etc. The near- surface soils within The Platinum Triangle are generally medium - dense, fine and fine -to- medium sand with occasional traces of gravel and infrequent seams of silt. As a result, the expansion potential for these soils is considered low. Mitigation Measures: No mitigation measures are necessary. The Platinum Triangle Final SEIR City of Anaheim • Page 3 -7 Findings of Fact and Statement of Overriding Considerations PAcona3\ EIRE in&W�Trrhndngfft�s- zs -os.da 3. Findings on Potentially Significant Impacts Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to soils and geology for the reasons set forth in the Draft SEIR. 3.4 HAZARDS AND HAZARDOUS MATERIALS Impact 5.4 -1: Historic and on -going industrial activities could result in the release of hazardous materials into the environment in close proximity to future residential uses. The Platinum Triangle currently contains a variety of manufacturing, warehouse, and office uses, including businesses that use or generate hazardous materials. The Platinum Triangle Master Land Use Plan allows for the development of multi - family residential uses which are considered a sensitive land use and may be impacted by any upset or accident involving the release of hazardous materials. Should the project be located within 1,000 feet of a use that has the potential to release substantial amounts of airborne hazardous materials, the project must comply with City requirements within the Good Neighbor Program and provide a shelter -in -place program, as described below. With adherence to existing ordinances and regulations, foreseeable upset and accident conditions involving the release of hazardous materials are reduced to less than significant levels with implementation of the project. Mitigation Measures: Applicable Measures from MMP No. 106 5.4 -1 On -going during demolition and construction, in the event that hazardous waste is discovered during site preparation or construction, the property owner /developer shall ensure that the identified hazardous waste and /or hazardous material is handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the requirements of the California Administrative Code, Title 30, Chapter 22. In addition, the property owner /developer shall report the finding of hazardous waste to the Orange County Health Care Agency and Anaheim Fire Department. 5.4 -2 On -going during project operation, the applicant shall handle and dispose of all hazardous materials and wastes during the operation and maintenance of facilities in accordance with the State codes identified in Mitigation Measure No. 5.4 -1 and under Anaheim Fire Department supervision. 5.4 -3 Prior to issuance of the first residential building permit for each final site plan incorporating residential units, the property owner /developer shall send a Notification Letter to businesses in proximity to the project to inform them of the presence of the sensitive use (.e., residential land uses). The letter shall request that the mixed -use project property owner /residents be notified of any accident at the nearby businesses that may involve the release of hazardous substances. The Good Neighbor Program shall also require that the project property owner /developer prepare a Safety Plan, which shall be implemented and on -going during project operation, that includes staff training, emergency tools, and first aid provisions, supervision of children or other individuals in an emergency situation, and a shelter -in -place program for instances when evacuation is not appropriate or practicable. 5.4 -4 Prior to the first final Building and Zoning inspection for each final site plan incorporating residential units, the property owner /developer shall prepare and submit to the Planning Department, Building Division, a Safety Plan, which shall be implemented and on -going during project operation, that includes staff training, emergency tools, and first aid Page 3 -8 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts provisions, supervision of children or other individuals in an emergency situation, and a shelter -in -place program for instances when evacuation is not appropriate or practicable. 5.4 -5 Prior to final Building and Zoning inspections, for any residential project within 1,000 feet of a use that has the potential to release substantial amounts of airborne hazardous materials, the project property owner /developer shall submit a shelter -in -place program to the Planning Department, Building Division, for review and approval. The shelter -in -place program shall require the property owner /developer to purchase a subscription to a service that provides "automated emergency notification" to individual residents (subject to meeting minimum standards set by the City) of the project. The shelter -in -place program shall include the following: The property owner /developer shall be required to purchase a minimum 10 -year subscription to such a service that would include periodic testing (at least annually). • The CC &Rs for each individual project shall require that each property owner and /or project Homeowners Association (HOA): o Maintain a subscription following expiration of the initial purchased subscription. o Maintain, in a timely manner, the database of resident phone numbers in conjunction with the service. Provide appropriate agencies (police, fire, other emergency response as QQ) identified by the City) with information on how to activate the notification via the COO service provider. The CC &Rs for each individual project shall require that each resident provide the property owner /HOA with a current phone number for the residence and /or individual residents. This would include timely notification following the sale of a unit and would require notification if the unit were rented or leased or subject to any other change in occupancy. Additional Mitigation: 5.4 -6 Prior to issuance of grading permits for each development project, a Phase I Site Assessment shall be prepared by the property owner /developer and submitted to the City of Anaheim Public Works Department, Development Services Division, for review and approval. If actual or potential impacts are identified by the Phase 1, a Phase 11 ESA will be completed for the site by the owner /developer and the results will be submitted to the Planning Department. During the Phase 11 ESA, samples from potential areas of concern will be collected and submitted for laboratory analysis to confirm the nature and extent of potential impacts. If hazardous materials are identified during the site assessments, the property owner /developer shall notify the finding to the Anaheim Fire Department and the appropriate response /remedial measures will be implemented in accordance with the directives of the OCHCA and /or the Regional Water Quality Control Board (RWQCB), as appropriate. If soil is encountered during site development that is suspected of being impacted by hazardous materials, work will be halted and site conditions will be evaluated by a qualified environmental professional. The results of the evaluation will be submitted to OCHCA and /or RWQCB, and the appropriate response /remedial measures will be implemented, as directed The Platinum Triangle Final SEIR City of Anaheim • Page 3 -9 Findings of Fact and Statement of Overriding Considerations PAcona3\EIR�Fin& ff t, 8- 15 -05.x 3. Findings on Potentially Significant Impacts by OCHCA, RWQCB, or other applicable oversight agency, until all specified requirements of the oversight agencies are satisfied and a no- further - action status is attained. 5.4 -7 Prior to issuance of a grading permit or a demolition permit for any building, an asbestos survey shall be conducted and submitted to the Planning Department, Building Division, by the property owner /developer. If the materials are found to contain asbestos fibers, demolition shall be conducted in accordance with the remediation and mitigation procedures detailed in Remediation Procedures Report, and in accordance with Federal, State, and local law. Buildings constructed prior to 1973 shall be screened for lead -based paint prior to demolition. If lead -based paint is identified, it shall be mitigated in accordance with the procedures set forth in the Remediation Procedures Report. Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant hazards and hazardous materials impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Impact 5.4 -2: Several heliports are located in the vicinity of the Project Area, which may result in hazards to future residents and workers within the Proiect Area. Heliport safety hazards include hazards posed to aircraft from structures located within navigable airspace and crash hazards posed by aircraft to people and property on the ground. The City seeks to minimize public exposure to heliport - related risks primarily through minimizing the siting of incompatible land uses surrounding the City's existing heliports. The primary risks associated with heliports are take- offs and landings. The Airport Land Use Commission (ALUC) of Orange County assists local agencies to ensure that there are no direct conflicts with land uses, noise or other issues that would impact the functionality and safety of heliport operations. The ALUC requires local jurisdiction's general plans and zoning ordinances to be consistent with Airport Environs Land Use Plans (AELUP's), which contain noise contours, restrictions for types of construction and building heights in navigable air space, as well as requirements impacting the establishment or construction of sensitive uses within close proximity to airports and heliports. Following AELUP guidelines will help reduce hazards related to heliports within the Project Area. No mitigation measures are necessary. Mitigation Measures: No mitigation measures are necessary Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to hazards related to operational heliports in the Project Area for the reasons set forth in the Draft SEIR. Impact 5.4 -3: Development in accordance with The Platinum Triangle Master Land Use Plan may interfere with the adopted emergency response plan or emergency evacuation plan for the area. The City of Anaheim has an emergency preparedness plan that complies with State law and interfaces with other cities and counties within Southern California. The plan outlines the operations that shall be taken in the event of a disaster. It also allows for coordination with other agencies in the event that Anaheim is affected by a disaster elsewhere. The plan addresses a warning system, emergency broadcast system (EBS), Emergency Operations Center (EOC), and shelter system. The plan provides a foundation to conduct operations and coordinate the management of critical resources during emergencies. It also provides the framework for which nongovernmental agencies and organizations that have resources needed to meet emergency requirements are integrated into the program. The Proposed Page 3 -10 • The Planning Center August 2005 P:\COA- 23\EIRU'vi&n TPTfindingoff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts Project would intensify land uses and alter the existing circulation patterns within the Project Area. However, new development would be required to accommodate emergency vehicles. It is not anticipated that the project would interfere with any emergency response or evacuation plans. Furthermore, the City of Anaheim has several policies in place to minimize the risk to life and property through emergency preparedness and public awareness. No mitigation measures are necessary. Mitigation Measures: No mitigation measures are necessary. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to the emergency response or emergency evacuation plan for the reasons set forth in the Draft SEIR. 3.5 HYDROLOGYAND WATER QUALITY Impact 5.5 -1: Development pursuant to the Proposed Project would alter the amount of impervious surfaces on the site and may affect surface water flows into drainage systems within the watershed. Since the Project Area is primarily developed, the Proposed Project will not result in substantial increases in the amount of impervious surfaces and is not expected to result in a significant increase in run -off volumes. However, some areas of The Platinum Triangle are not currently served by adequate drainage facilities. Future development within The Platinum Triangle will have to address the existing storm drain ��`//'''��.�. deficiencies and incorporate into their plans additional local systems to meet the City's current drainage Q� criteria in terms of street flooding limits and other surface flow parameters. Mitigation measures have been identified below which will adequately mitigate the impacts associated with the Proposed Project. Mitigation Measures: Applicable Measure from MMP No. 106: 5.5 -1 Prior to issuance of a grading permit, the property owner /developer shall submit plans documenting that the design of all aboveground structures (with the exception of parking structures) shall be at least three feet higher that the 100 -year flood zone, where applicable, unless otherwise required by the City Engineer. All structures below this level shall be flood - proofed to prevent damage to property or harm to people. Additional Mitigation: 5.5 -3 The City Engineer shall review the location of each project to determine if it is located within an area served by deficient drainage facilities, as identified in The Platinum Triangle Drainage Study. If the project will increase storm water flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create a deficiency in an existing storm drain, the property owner /developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner /developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Development Mitigation within Benefit Zones (Appendix E of The Platinum Triangle Drainage Study), prior to acceptance for maintenance of public improvements by the City or final Building and Zoning The Platinum Triangle Final SEIR City of Anaheim • Page 3 -11 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnding ff t, 8 - I5 - 05.da 3. Findings on Potentially Significant Impacts inspection for the building /structure, whichever occurs first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 5.5 -4 The City shall work with the OCFCD to ensure that flood control facilities are well maintained and plan facilities capable of accommodating, at a minimum, future storm flows meeting city requirements for City owned and maintained facilities, and 100 -year storm flows for County facilities. Where improvements to local drainage facilities have the potential to increase discharges to County facilities, the City shall analyze potential impacts to County facilities in consultation with the Manager, County of Orange Flood Control Division. Encroachment Permits shall be obtained from the County's Public Property Permits Section for any activity performed within OCFCD's right of way. Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant hydrology and water quality impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Impact 5.5 -2: Portions of the Project Area proposed for development are located within a 100 -year flood hazard area. The Project Area is located within a Federal Emergency Management Agency (FEMA) flood insurance study area within Zone A99 and X designation. The majority of the Project Area is located in Zone X which lies in a 100 -Year to 500 -Year Flood Zone with flooding below one foot. According to the Orange County Flood Control District ( OCFCD), the Southeast Anaheim Channel and the Spinnaker Storm Drain have been determined to be deficient to convey discharges associated with 100 -year storm event. In addition to the widening of the Santa Ana River within the project vicinity, improvements completed under the Santa Ana River Mainstem Project include construction of Seven Oaks Dam and improvements to Prado Dam and downstream channel facilities. Flooding levels are expected to occur at one foot. In accordance with the City of Anaheim's Flood Hazard Reduction Ordinance, future habitable structures within The Platinum Triangle would be constructed outside the 100 -year flood zone. All future projects within The Platinum Triangle must comply with all Federal and local regulatory requirements associated with Flood Hazard areas. In addition, Mitigation Measure 5.5 -1 (previously described in Section 3.5 (Hydrology and Water Quality)) has been identified to reduce impacts to the Proposed Project. Mitigation Measures: No mitigation measures are necessary. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to hydrology and water quality for the reasons set forth in the Draft SEIR. Impact 5.5 -3: During the construction phase of the Proposed Project, there is the potential for short-term unquantifiable increases in pollutant concentrations from the site. After project development, the quality of storm run -off (sediment, nutrients, metals, pesticides, pathogens, and hydrocarbons) may be altered. Pollutant export could increase significantly during the project construction. Initial clearing and grading operations during construction exposes much of the surface soils. Unless adequate erosion controls are Page 3 -12 • The Planning Center August 2005 R: COn- 2YEZx TP7fi&hgp It r,ec9- I5-0d,� 3. Findings on Potentially Significant Impacts installed and maintained at the site, significant quantities of sediment may be delivered to the downstream receiving water, along with attached soil nutrients and organic matter. Pollution associated with storm water and urban runoff affects the groundwater of Anaheim, as well as neighboring jurisdictions throughout the region. The problem is particularly acute at the beginning of a heavy rain storm, but can be a problem at any time due to the improper disposal of products associated with home, garden and automotive maintenance. However, the General Plan incorporates various goals and policies which would limit potential impacts relating to water quality. Even without any mitigation, concentrations of all considered constituents are predicted to decrease for the project under the proposed land use conditions as compared to existing conditions. The decreases in concentrations are the result of changes in land use, which in general will result in less light industrial/ commercial and more mixed uses. With implementation of the recommended mitigation measures, these pollutant concentrations are expected to further decrease and the project water quality impacts (if any) fully mitigated. Therefore, with proper implementation of the recommended BMPs (structural and nonstructural), project water quality conditions are expected to be better than existing conditions and impacts would be less than significant. Mitigation Measures: Applicable Measure from MMP No. 106 5.5 -2 At least 90 days prior to the initiation of grading activities, for projects greater than five acres, an NOI shall be filed with the RWQCB by the property owner /developer pursuant to State and Federal NPDES requirements. As part of the NOI, a SWPPP shall be prepared. The property owner /developer shall also prepare and submit to RWQCB, a Water Quality Management Plan (WQMP) in accordance with the City's Municipal NPDES requirements and the Orange County Drainage Area Management Plan. The SWPPP, in conjunction with the WQMP, will describe the structural and nonstructural BMPs that will be implemented during construction (short-term) within the Project Area as well as BMPs for long -term operation of the Project Area. Long -term measures could include, but may not be limited to, street sweeping, trash collection, proper materials storage, designated wash areas connected to sanitary sewers, filter and grease traps, and clarifiers for surface parking areas. The BMPs selected shall be consistent with the Water Quality Technical Report prepared for the Proposed Project (Appendix G of SEIR No. 332). Finding: Mitigation measure is feasible and avoids or substantially lessens potentially significant hydrology and water quality impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Impact 5.5 -4: The project site is located within the inundation area of the Prado Dam. The City of Anaheim is located within the Prado Dam inundation area. The Prado Dam and reservoir are located approximately 2.5 miles east of Anaheim in Riverside County. Construction of Seven Oaks Dam and improvements to the Prado Dam and downstream channel facilities are being implemented under the Santa Ana Mainstream Project, constructed by the U.S. Army Corps of Engineers, Los Angeles District. The downstream channel capacity has increased to over 30,000 cfs, in addition to an increase in the storage and release capabilities. These improvements have enabled Prado Dam to take full advantage of the improved channel capacity downstream and increase the level of flood protection to communities within the Santa Ana River floodplain. As a result, only two small portions of the Project Area are located within the 100 -year floodplain. On -going development within the Santa Ana River �� The Platinum Triangle Final SEIR City of Anaheim • Page 3 -13 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnding ff t, 8 - I5 - 05.da 3. Findings on Potentially Significant Impacts watershed would alter existing drainage conditions and increase surface water flows. However, the large majority of the watershed is already built -out. As a result, surface flows are not expected to increase significantly. In addition, future projects will be required to provide necessary drainage improvements to protect existing and future structures. As a result, no significant cumulative impacts to the Santa Ana River watershed are anticipated. Mitigation Measures: No additional mitigation measures are required. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to hydrology and water quality for the reasons set forth in the Draft SEIR. 3.6 LAND USE AND PLANNING Impact 5.6 -1: Components of the Proposed Project would conflict with the existing General Plan and zoning designations for the Project Area. The Proposed Project involves approval of subdivision maps, grading permits, street improvement plans, final site plans, development agreements and other related actions for properties located within The Platinum Triangle Master Land Use Plan. In addition, the Proposed Project includes amendments to the General Plan, Zoning Code and The Platinum Triangle Master Land Use Plan and a Zoning Reclassification. Each future development application for development within The Platinum Triangle will be reviewed by the City for consistency with the adopted General Plan, Zoning Code and The Platinum Triangle Master Land Use Plan. This will ensure that future projects are consistent with the provisions of these relevant planning programs. Mitigation Measures: No additional mitigation measures are required. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to land use and planning for the reasons set forth in the Draft SEIR. 3.7 NOISE Impact 5.7 -1: Construction activities would result in temporary noise increase in the vicinity of the Short -term noise impacts are impacts associated with demolition, site preparation, grading and construction of the proposed land uses. Two types of short -term noise impacts could occur during construction. First, the transport of workers and movement of materials to and from the site could incrementally increase noise levels along local access roads. The second type of short -term noise impact is related to noise generated at the job site during demolition, site preparation, grading and /or physical construction. The locations of construction for the developments envisioned by the Proposed Project would potentially expose noise sensitive uses such as the Grove of Anaheim (concert hall) or future residential uses to significant levels of short -term noise exposure from construction activities. Page 3 -14 • The Planning Center August 2005 R',COA- 2YEZR',Fmdimgl7PTfn&vis ff trev8- 1505doc 3. Findings on Potentially Significant Impacts Mitigation Measures: Applicable Mitigation Measure from MMP No. 106: 5.7 -1 On -going and duration grading, demolition, and construction, the property owner /developer shall be responsible for requiring contractors to implement the following measures to limit construction - related noise. a) Noise generated by construction, shall be limited by the property owner /developer to 60 dBA along the property boundaries, before 7 a.m. and after 7 p.m., as governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code. b) Limit the hours of operation of equipment that produces noise levels noticeably above general construction noise levels to the hours of 10 a.m. to 4 p.m. c) All internal combustion engines on all of the construction equipment shall be properly outfitted with well maintained muffler systems. Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant noise impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Impact 5.7 -2: Project implementation would result in noise increases associated with the long- term operation of the project. The Proposed Project includes residential and commercial uses in The Platinum Triangle area which a _) may be developed in close proximity or adjacent to industrial uses and may be impacted significantly if 4 these residences are located in close proximity to industries that emit substantial levels of noise. Any siting of sensitive land uses within these contours then represents a potentially significant impact and would require a separate noise study through the development review process to determine the level of impacts and required mitigation. Mitigation Measures: Applicable Measure from MMP No. 106: 5.7.2 Prior to issuance of a building permit for any project generating over 100 peak hour trips, the project property owner /developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound - attenuated against present and projected noise levels, including roadway, aircraft, helicopter and railroad, to meet City interior and exterior noise standards. Finding: Mitigation measure is feasible and avoids or substantially lessens potentially significant noise impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Impact 5.7 -3: The project may increase groundbourne vibration and groundboume noise. Build -out of the Proposed Project could potentially expose vibration sensitive uses such as residences to the impacts of groundborne vibration or noise levels. Increased exposure could occur through increased vibration sensitive uses on lands within proximity to vibration generating activities. Specifically, vibration created through construction and industrial activities or through the operation of motor vehicles and railways could create potentially significant impacts on the residents of The Platinum Triangle. The Platinum Triangle Final SEIR City of Anaheim • Page 3 -15 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnding ff t, 8 - 15 - 05.da 3. Findings on Potentially Significant Impacts Mitigation Measures: No additional mitigation measures are required. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to noise for the reasons set forth in the Draft SEIR. Impact 5.7 -4: The proximity of the project site to existing heliports would result in exposure of future residents and workers to heliport- related noise. The Airport Land Use Commission (ALUC) of Orange County was established to ensure that there are no direct conflicts with land uses, noise, or other issues that would impact the functionality and safety of airport and heliport operations. The ALUC requires that cities and counties general plans and zoning ordinances are consistent with Airport Environs Land Use Plans (AELUPs), which contain noise contours, restrictions for types of construction and building heights in navigable air space, as well as requirements impacting the establishment or construction of sensitive uses within close proximity to airports. The ALUC has established an AELUP that addresses heliport operations within cities and counties, and which are applicable to the City of Anaheim. Mitigation Measures: Applicable Measure from MMP No. 106: 5.7 -3 New development project property owner /developers shall use the most current available Airport Environs Land Use Plan ( AELUP) as a planning resource for evaluating heliport and airport operations as well as land use compatibility and land use intensity in the proximity of Los Alamitos Joint Training Base and Fullerton Municipal Airport Finding: Mitigation measure is feasible and would avoid or substantially lessen potentially significant noise impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. 3.8 POPULATION AND HOUSING Impact 5.8 -1: The Proposed Project would result in direct and indirect population growth due to the introduction of additional housing units and employment opportunities. Implementation of the Proposed Project could result in maximum build -out of 9,500 residential units, 3,265,000 square feet of office uses, and 2,254,400 square feet of commercial uses within The Platinum Triangle, in addition to industrial development at a FAR of up to 0.50 and institutional development at a FAR up to 3.0. Development of the residential units would result in direct population increases associated with the increase in housing. In addition, indirect population increases may be associated with job growth in The Platinum Triangle as office, commercial, industrial, and institutional uses are developed. The Proposed Project is balanced in that it provides for a wide -range of housing opportunities to serve future employees. Mitigation Measures: No additional mitigation measures are required. Finding: The proposed project combined with other cumulative development in the area will result in a potential cumulative impact on employment, housing, and population. This potential impact is Page 3 -16 • The Planning Center August 2005 P:�COn- 2YEZn�Fb+dm,g TP7fi&hgp Ijarr , ec 9 -I5-0 ,d,� 3. Findings on Potentially Significant Impacts considered substantial, but not adverse, in light of the project's contribution to improved jobs /housing balance and transportation demand management promoted by SCAG's regional policies. Therefore, there are no significant unavoidable adverse impacts related to population and housing for the reasons set forth in the Draft SEIR. 3.9 PUBLIC SERVICES AND FACILITIES Fire Protection and Emergency Services Impact 5.9 -1: Project implementation will increase demands on the Anaheim Fire Department, including calls for service, station and equipment maintenance, training, fire prevention, inspection and emeraencv medical services. The Proposed Project will result in additional residential, and commercial /office development in the Project Area and will increase the number of fire and medical service calls. Increased population, density and usage generated by the Proposed Project may increase the need for emergency medical services, ambulance transportation, and rescue operations, which may require additional fire equipment and fire station modification or relocation. The Proposed Project will introduce new structures and residents/ workers into the Anaheim Fire Department service boundaries, thereby increasing the requirements for fire protection facilities and personnel. However, there are sufficient strategies in place and in process to address and accommodate those needs as they develop. According to the Anaheim Fire Department, they can adequately serve future growth within The Platinum Triangle provided that all future development complies with all applicable regulations, including payment of fire facilities fees. Mitigation Measures: Applicable Measure from MMP No. 106: 5.9 -1 Plans shall indicate that all buildings shall have fire sprinklers installed by the property owner /developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final Building and Zoning inspection. Police Protection Impact 5.9 -2: The Proposed Project would introduce new structures, residents, and workers into the Anaheim Police Department service boundaries, thereby increasing the requirement for police protection facilities and personnel. The Proposed Project will introduce additional residential, and commercial /office development in the area which will increase traffic, usage, and population density to the service area. Such an increase will add to the number of service calls received and the number of patrols and staff necessary to service the area. While the increase in service levels may be significant, it is not considered beyond the capabilities of the Anaheim Police Department and the existing strategies in place to expand the department as needs arise. Mitigation Measures: Applicable Measures from MMP No. 106: 5.9 -2 The property owner /developer shall submit plans to the Anaheim Police Department for review and approval for the purpose of incorporating safety measures in the project design The Platinum Triangle Final SEIR City ofAnaheim • Page 3 -17 Findings of Fact and Statement of Overriding Considerations r::COA- z3'rIRIli,,di g ',TPTh „d,, if r,E, 8 -15-0s & �� 3. Findings on Potentially Significant Impacts including the concept of crime prevention through environmental design (i.e., building design, circulation, site planning and lighting of parking structure and parking areas). Rooftop addresses shall be provided for all parking structures (for the police helicopter). Minimum size for numbers shall be four feet in height and two feet in width. The lines for the numbers shall be six inches thick and spaced 12 to 18 inches apart. All numbers shall have a contrasting color to the parking structure and shall face the street to which the structure is addressed. 5.9 -3 The property owner /developer shall submit plans to the Anaheim Police Department for review and approval indicating the provision of closed circuit monitoring and recording or other substitute security measures as may be approved by the Anaheim Police Department. Said measures shall be implemented prior to final Building and Zoning inspections. 5.9 -4 The property owner /developer shall submit design plans that shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Anaheim Police Department, and shall be subject to the reviews and approval of the Anaheim Police Department. 5.9 -5 If the Anaheim Police Department or Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner /developer shall reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with such services. Finding: The mitigation measures are feasible and avoid or substantially lessens potentially significant police services impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Impact 5.9 -3: The Proposed Project would generate additional students that would impact the school enrollment capacities of area schools. School Services To assess the increased demand on school facilities, the ACSD uses a single student generation factor calculated as part of the District's Fee Justification Study dated April 14, 2004. That student generation factor is 0.397 per residential unit for all types of residential development projects. Using this generation factor, residential development within the Project Area is anticipated to generate approximately 3,771 elementary school students within the ACSD. The AUHSD uses a student generation factor of 0.198 per residential unit for high schools and 0.095 per residential unit for junior high schools for all types of residential development projects. Using these generation factors, the Proposed Project is anticipated to generate approximately 1,881 high school and 903 junior high school students within the AUHSD. The generation factors used above, however, are based on the number of students expected to be gene- rated from a single - family residential development, and therefore do not accurately reflect the probable number of students that would be generated by the type of housing that would be offered by The Platinum Triangle. The type of upscale urban project proposed within the Project Area tends to generate fewer students for a number of reasons, including: 1) the majority of homes are one and two bedroom units; 2) the sizes of the units are generally smaller than the typical single - family detached homes with an equivalent number of bedrooms; and 3) there are other housing types in the area that are similar in cost but are more family- oriented, providing better choices for families with children. Therefore, a student generation rate of 0.08 is assumed in the Draft SEIR for 9,500 units resulting in a 760 K -12 student increase in The Platinum Triangle. Page 3 -I8 • The Planning Center August 2005 P:\COA- 23\EIRU'vi&n TPTfindingoff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts Finally, the Proposed Project would be required to pay school impact fees to reduce any impacts to the school system. Government Code Section 65595 establishes the allowable school impact fee, which may be assessed upon commercial and residential development. Based on the current fee structure for residential developments, construction can be assessed a maximum fee of two dollars and twenty -four cents ($2.24) per square foot. Payment of school impact fees is considered sufficient to mitigate any potential impacts to schools that may occur in the ACSD or the AUHSD, both districts would share in the fees received. It should also be noted that the number of students anticipated by the previously adopted Platinum Triangle Master Land Use Plan (based on 9,125 dwelling units) was analyzed by FEIR No. 330, prepared for the General Plan and Zoning Code Update, and no significant impacts relating to school services were identified Mitigation Measures: Applicable Measure from MMP No. 106: No significant impacts have been identified, however the following mitigation measure will be incorporated to ensure that facilities are constructed or expanded to adequately serve future residents. 5.9 -6 The City of Anaheim will work cooperatively with school districts to identify sites for new schools and school expansions in The Platinum Triangle. Finding: Mitigation of school impacts will be achieved by payment of school fees established by SIB 50 (Government Code Section 65995). Therefore, all impacts to school services remain less - than- significant. Library Services Impact 5.9 -4: The Proposed Project would generate additional residents, increasing the service needs of the local libraries. The increase in population pursuant to the Proposed Project will increase demands for library collections, staff, space, and services from this area of Anaheim. Currently, one in three Anaheim residents has a library card and uses the public library. The Proposed Project would add a potential of 4,750 new borrowers to the Sunkist Branch service area. In addition, 760 new students are projected to be a part of the population of The Platinum Triangle. Student use will expand demand on existing collections staff, computers, programming and seating. The prospective demographic indicates residents who are computer literate. This population is most likely to utilize remote electronic library services. The growth in this population will increase licensing costs for electronic resources. Additional funds to support increased demand for library services are required to maintain the current level of community support. Initially, service will be provided by the Sunkist Branch Library which will require additional materials, collections, and computers for the projected residents in The Platinum Triangle. As usage expands, a location in The Platinum Triangle may be identified for focused service to area residents. Pursuant to the terms of the Standard Development Agreement for The Platinum Triangle, future property owners /developers will pay a Library Fee to the City of Anaheim, to offset the cost of providing additional library services. Mitigation Measures: No additional mitigation measures are required. 50 The Platinum Triangle Final SEIR City of Anaheim • Page 3 -19 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnding ff t�s IS - os.da 3. Findings on Potentially Significant Impacts Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to library services for the reasons set forth in the Draft SEIR. Parks Impact 5.9 -5: The Proposed Project would generate additional residents that would increase the use of existing park and recreational facilities. Implementation of the proposed Platinum Triangle Master Land Use Plan is anticipated to increase the population in the project area by up to 14,250 residents. The City of Anaheim has a goal of providing approximately two acres of parkland per 1,000 residents. As a result, an additional 30 acres of usable parkland would be required to meet the City's standard. The proposed project would significantly increase usage at existing parks and recreational facilities. Since demand for land in the project area is high, pursuant to the terms of the Standard Development Agreement for The Platinum Triangle, for future property owners /developers in the project area would be required to pay higher park -in -lieu fees to provide the funding necessary for the development of future parks within the project area. Mitigation Measures: No additional mitigation measures are required. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to park services for the reasons set forth in the Draft SEIR. 3.10 TRAFFIC AND CIRCULATION Impact 5.10 -1: Project - related trip generation would impact levels of service for the existing area With existing lane geometry, the nine intersections shown on Table 5.10 -7 of DSEIR No. 332. operate at LOS E or F in at least one peak hour with the Proposed MLUP land uses. Of these, the following four represent significant adverse traffic impacts because the v/c increase is greater than 0.01: • Manchester Avenue - 1 -5 Southbound at Katella Avenue • State College Boulevard at Orangewood Avenue • Howell Avenue at Katella Avenue • Sportstown at Katella Avenue LOS at the study intersections for the Proposed MLUP under the adopted General Plan lane configurations is summarized in Table 5.10 -12 of the DSEIR, and the ICU calculation worksheets are included in Appendix J. With the planned circulation improvements shown on Figure 5.10 -5, all study intersections are projected to operate at LOS D or better in the a.m. peak hour, and all but one are projected to operate at LOS D or better in the p.m. peak hour. In many cases, the planned lane geometry is more than adequate to accommodate normal peak hour volumes. The additional lane capacity, in combination with the traffic management strategies implemented for events at Angel Stadium of Anaheim and Arrowhead Pond of Anaheim, provide the ability for the street system to carry the additional peak hour traffic associated with an event at either venue. The intersection projected to operate at LOS E in the p.m. peak with planned street improvements is Santiago at Meats. Since the v/c increase at Santiago /Meats is 0.01, the intersection would not experience a significant adverse traffic impact, so mitigation is not required. Page 3 -20 • The Planning Center August 2005 R: COn- 2YEZn di,,VTP7 finds g fjarr ,es 9 -15-0 d � 3. Findings on Potentially Significant Impacts Mitigation Measures: Applicable Measures from MMP No. 106: 5.10 -1 Prior to the issuance of grading or building permit, whichever occurs first, for new development forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, the property owner /developer shall be required to pay the City of Anaheim for all costs associated with updating the applicable Transportation Model to include the trips associated with their proposed development. This model update will be used to determine and program the extent and phasing of improvements necessary to accommodate the proposed development. If the model demonstrates that the proposed development will cause an intersection to operate at an unacceptable level of service (LOS "E" or 'T" depending on the location), the property owner /developer shall be responsible for constructing its fair share of necessary improvements to maintain acceptable levels of service at intersections within Anaheim and surrounding municipalities for the anticipated theoretical build -out of the General Plan as identified in the City's Circulation Element. The Public Works Department, Traffic and Transportation Division, and Planning Department, Building Division, shall monitor these measures. 5.10 -2 The property owner /developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. Objectives of the ////��`//'''''''������..��. TDM program shall be: ` Q) • Increase ridesharing and use of alternative transportation modes by guests !4� Provide a menu of commute alternatives for employees to reduce project- generated trips. • Conduct an annual commuter survey to ascertain trip generation, trip origin and Average Vehicle Ridership. Prior to final Building and Zoning inspection and on -going during project operation, the property owner /developer shall provide a menu of TDM program strategies and elements for both existing and future employees' commute options, to include, but not be limited to, the following: • On -site service such as the food, retail, and other services be provided. • Ridesharing. Develop a commuter listing of all employee members be developed for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. • Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. • Transit Pass. Southern California Rapid Transit District and Orange County Trans- portation Authority (including commute rail) passes be promoted through financial The Platinum Triangle Final SEIR City of Anaheim • Page 3 -21 Findings of Fact and Statement of Overriding Considerations P: icon- 2\ ErRT.&WVPrhnetapfftays- IS -os.. 3. Findings on Potentially Significant Impacts assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. • Shuttle Service. A commuter listing of all employees living in proximity to the project be generated, and a local shuttle program offered to encourage employees to travel to work by means other than the automobile. Event shuttle service will be available for the guests. • Bicycling. A Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers be provided as part of this program. Maps of bicycle routes throughout the area be provided to inform potential bicyclists of these options. • Guaranteed Ride Home Program. A program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. • Target Reduction of Longest Commute Trip. An incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Stagger work shifts. • Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. • Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). • Develop a parking management program that provides incentives to those who rideshare or use transit means other than single- occupant auto to travel to work. • Access. Preferential access to high occupancy vehicles and shuttles may be provided. • Financial Incentive for Ridesharing and /or Public Transit. (Currently, Federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and /or express bus pools.) • Financial Incentive for Bicycling. Employees offered financial incentives for bicycling to work. • Special "Premium" for the Participation and Promotion of Trip Reduction. Ticket /passes to special events, vacations, etc., be offered to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. • Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. Page 3 -22 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts 5.10 -3 The property owner /developer of office /commercial uses shall join and financially participate in a clean -fuel shuttle program, if established and, shall participate in the Anaheim Transportation Network/Transportation Management Association in conjunction with the on- going operation of the project. 5.10.4 The General Plan Circulation Element and associated Planned Roadway Network Map (Figure C -1 of the General Plan), identifies those roadways that are planned to accommodate current development and future growth established by the Land Use Element. As determined by the Public Works Department, Traffic and Transportation Division, roadways will be constructed as development occurs and as funding becomes available. In addition to the roadways identified on the Planned Roadway Network Map, improvements will be necessary to maintain acceptable levels of service within the anticipated theoretical build -out identified in the General Plan. 5.10 -5 Appropriate Traffic Signal Assessment Fees, and Traffic Impact and Improvement Fees, and Platinum Triangle Impact Fees shall be paid by the property owner /developer to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City- authorized improvements provided by the property owner /developer; and participate in all applicable reimbursement or benefit districts which have been established. 5.10 -6 The property owner /developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s) -of -way as shown in the Circulation Element of the Anaheim General Plan adjacent to /�. their property. 9� Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant traffic and circulation impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Impact 5.10 -2: The Proposed Project may result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. The Airport Land Use Commission (ALUC) of Orange County assists local agencies to ensure that there are no direct conflicts with land uses, noise, or other issues that would impact the functionality and safety of heliport operations. The ALUC requires that local jurisdictions' general plans and zoning ordinances are consistent with Airport Environs Land Use Plans (AELUPs), which contain noise contours, restrictions for types of construction and building heights in navigable air space, as well as requirements impacting the establishment or construction of sensitive uses within close proximity to airports and heliports. Therefore, although implementation of The Platinum Triangle will allow development of various land uses, including high rise residential uses in proximity to the existing heliports, such development would initiate a review by the ALUC for compatibility. It is anticipated that following AELUP guidelines will help reduce hazards related to heliports within the Project Area and the impacts would be less than significant. No mitigation measures are necessary. Mitigation Measures: No additional mitigation measures are required. The Platinum Triangle Final SEIR City of Anaheim • Page 3 -23 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnd+ng ff t�s zs - os.x 3. Findings on Potentially Significant Impacts Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to air traffic pattern impacts for the reasons set forth in the Draft SEIR. Impact 5.10 -3: The Proposed Project may result in inadequate emergency access. Development of the Proposed Project would intensify the land uses and alter the existing circulation patterns. However, the Circulation Element of the General Plan has been designed to provide and maintain a comprehensive circulation system within the City at build -out, which includes the build -out of The Platinum Triangle. Furthermore, as indicated previously, adequate levels of service (LOS D or better) will be maintained in all intersections during peak hours. All vehicle access will be designed and improved in accordance with the requirements of the City Engineer. Therefore, less than significant impacts to emergency access are associated with the Proposed Project. Mitigation Measures: No mitigation measures are necessary. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to traffic and circulation impacts for the reasons set forth in the Draft SEIR. 3.77 UTILITIES AND SERVICE SYSTEMS Water Services Impact 5.11 -1: Upgrades to the existing water supply and delivery system will be required to adequately serve the Proposed Project. Implementation of the Proposed Project would result in an increase of 1.425 mgd for 9,500 dwelling units, 0.651 mgd for 3,256,940 square feet for office use, and 0.334 mgd for 1,669,052 square feet of commercial use. Three alternatives were evaluated to supply the additional demand: 1) construction of a 1,500 GPM capacity well and pump station; 2) construct a 3,000 GPM capacity well and pump station, thus providing additional redundancy to the water system; and 3) construct a 3,000 GPM well with a 1,500 GPM capacity pump station, which can be upgraded in the future if needed. Although the City staff recommended alternative No. 3, construction of a 3,000 GPM well with a 1,500 GPM capacity pump station, as its preferred alternative, implementation of any one of three options would ensure that adequate water delivery system is provided for The Platinum Triangle. The City staff also determined that all transmission main capacities as specified in Rule 15 -D are adequate to accommodate both 1,500 GPM and 3,000 GPM wells and no other water improvements other than a new well would be required to provide water service to The Platinum Triangle. However, the City still needs to secure a suitable well site in The Platinum Triangle. Therefore, provided that a new well is constructed to meet additional 1,464 GPM water demand, implementation of The Platinum Triangle Master Land Use Plan would not adversely impact the water delivery system and the impacts would be less than significant. Page 3 -24 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts Mitigation Measures: Applicable Measures from MMP No. 106: 5.11 -1 Prior to issuance of a building permit, submitted landscape plans shall demonstrate compliance with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Water Conservation in Landscaping Act (AB 325). Among the measures to be implemented with the project are the following: • Use of water - conserving landscape plant materials wherever feasible; • Use of vacuums and other equipment to reduce the use of water for wash down of exterior areas; • Low -flow fittings, fixtures and equipment including low flush toilets and urinals; • Use of self - closing valves for drinking fountains; • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors; • Infrared sensors on sinks, toilets, and urinals; • Low -flow shower heads in hotels; • Infrared sensors on drinking fountains; • Use of irrigation systems primarily at night, when evaporation rates are lowest; • Water- efficient ice machines, dishwashers, clothes washers, and other water using appliances; • Cooling tower recirculating system; • Use of low flow sprinkler heads in irrigation system; • Use of waterway re- circulation systems; • Provide information to the public in conspicuous places regarding water conservation; and • Use of reclaimed water for irrigation and washdown when it becomes available. In conjunction with submittal of landscape and building plans, the applicant shall identify which of these measures have been incorporated into the plans. 5.11 -2 Prior to the issuance of the first building permit, the property owner /developer shall provide engineering studies, including network analysis, to size the water mains for ultimate develop- ment within the project. This includes detailed water usage analysis and building plans for The Platinum Triangle Final SEIR City of Anaheim • Page 3 -25 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnding ff t�s z5 - o5.da 50 3. Findings on Potentially Significant Impacts Public Utilities Water Engineering reviews and approval in determining project water requirements and appropriate water assessment fees. 5.11 -3 Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner /developer shall indicate on plans installation of a separate irrigation meter when the total landscaped area exceeds 2,500 square feet. (City of Anaheim Water Conservation Measures) 5.11 -4 Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner /developer shall comply with (Rule 15D of the Water Utilities Rates, Rules, and Regulations. Rule 15D shall be amended to include construction of a new well with a minimum 1,500 GPM capacity within The Platinum Triangle. Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant water services impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Wastewater Services Impact 5.11 -2: Upgrades to existing wastewater facilities will be required to adequately serve the project. The City of Anaheim is served by a comprehensive sanitary sewer system and no wastewater would be discharged impacting surface water or groundwater resources. Therefore, no exceedance of RWQCB's wastewater treatment requirements is anticipated and the impacts to groundwater would be less than significant. A sewer study was prepared for the Proposed Project in October 2004 and revised in January 2005 by Merit Civil Engineering, Inc. This study performed an analysis of the sewer system in The Platinum Triangle and made recommendations for sewer improvements to meet the Proposed Project's increased sewer demand. In most cases, existing area trunk sewers are either already at capacity or have been previously allocated to future development. Therefore, existing sewer infrastructure within the study area would not be capable of conveying the increase in wastewater generated by the proposed development intensities. However, provided that listed improvements as summarized in SEIR No. 332 Table 5.11 -5, Proposed Sewer Improvements, are completed, sewer impacts would be less than significant. The necessary improvements would be implemented by the City and funded through The Platinum Triangle Standardized Development Agreement. Mitigation Measures: Applicable Measure from MMP No. 106: 5.11 -5 The City Engineer shall review the location of each project to determine if it is located within an area served by deficient sewer facilities, as identified in The Platinum Triangle Sewer Study. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner /developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner /developer shall be required to install the sanitary sewer facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Benefit Parcels and Development Mitigation (Appendix D of The Platinum Triangle Sewer Study), prior to acceptance for Page 3 -26 • The Planning Center August 2005 P:\COA- 23\EIRU'+& TPTfird.poff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts maintenance of public improvements by the City or final Building and Zoning inspection for the building /structure, whichever occurs first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. Additional Mitigation: 5.11 -6 Prior to the approval and ongoing during construction of any street improvement plans within The Platinum Triangle which encompass area(s) where OCSD will be upsizing trunk lines and /or are making other improvements, the City and /or property owner /developer shall coordinate with the OCSD to ensure that all improvements and construction schedules are coordinated. Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant wastewater services impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Solid Waste Services Impact 5.11 -3: Implementation of the Proposed Project will generate additional solid waste which will further impact county landfills. Development of the Proposed Project including 9,500 units, 3,265,000 square feet of office uses, and ��`//'''��.�. 2,254,400 square feet of commercial uses would increase the service demand on solid waste disposal Q� beyond existing conditions and further impact the Olinda Alpha landfill and the City's solid waste reduction and diversion programs. The estimated project site population is 14,250 (based on the City's generation factor of 1.5 persons per unit within The Platinum Triangle), and the average solid waste generated per person in Orange County is approximately 9.8 pounds per day. Therefore, total waste generation from the Proposed Project site is estimated to be approximately 139,650 pounds per day or 69.8 tons per day. The estimated 69.8 tons of project waste requiring disposal daily represents approximately 1.0 percent of the current total daily Olinda Alpha Landfill disposal amount. This amount would increase the total daily inflow to Olinda Alpha landfill to approximately 7,069, which is within its 8,000 permitted daily limit. No significant impacts to Olinda Alpha or the IWMD's other landfills are therefore expected to result from this project provided that the mitigation measures listed below are incorporated into the Proposed Project. Mitigation Measures: Applicable Measures from MMP No. 106: 5.11 -8 The property owner /developer shall submit project plans to the Street and Sanitation Division of the Public Works Department for review and approval to ensure that the plans comply with AB939, and the Solid Waste Reduction Act of 1989, and the County of Orange and City of Anaheim Integrated Waste Management Plans as administered by the City of Anaheim. Implementation of said plan shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include, at its discretion, the following plan components: • Detailing the locations and design of on -site recycling facilities. The Platinum Triangle Final SEIR City of Anaheim • Page 3 -27 Findings of Fact and Statement of Overriding Considerations PAS A- 23\E1RT.&WVPrfnd.p ff t, v8 05A. 3. Findings on Potentially Significant Impacts • Providing on -site recycling receptacles to encourage recycling. • Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection. • Providing on -site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patrons where feasible. • Prohibiting curbside pick -up. • Ensuring hazardous materials disposal complies with Federal, State, and city regulations. 5.11 -9 The following practices shall be implemented, as feasible, by the property owner /developer: • Usage of recycled paper products for stationery, letterhead, and packaging. • Recovery of materials, such as aluminum and cardboard. • Collection of office paper for recycling. • Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries and scrap metal for recycling or recovery. 5.11 -10 The property owner /developer shall submit a Demolition and Import/Export Plans, if determined to be necessary by the Public Works Department, Traffic Engineering Division and /or Street and Sanitation Division. The plans shall include identification of off -site locations for material export from the project and options for disposal of excess material. These options may include recycling of materials on -site, sale to a broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if all cannot be reused on the project site. Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant solid waste services impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Electricity Impact 5.11 -4: Upgrades to the existing facilities will be required to accommodate project aenerated utilitv demands. The City of Anaheim will provide service to the entire Platinum Triangle. The impact will include, but may not be limited to, increasing conductor sizes, locating the conductors underground, installing new high Page 3 -28 • The Planning Center August 2005 P:\COA- 23\EIRU'+& TPTfird.poff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts and low voltage conductors and installing new voltage transformation facilities. However, these impacts are not considered significant and are within the expansion capabilities of the existing service due to existing regulations, standard conditions and mitigation measures in place. Mitigation Measures: Applicable Measures from MMP No. 106: 5.11 -11 The property owner /developer shall submit plans showing that each structure will comply with the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations) and will consult with the City of Anaheim Public Utilities Resource Efficiency Division in order to review Title 24 measures prior to each final Building and Zoning inspection to incorporate into the project design including energy efficient designs. This consultation shall take place during project design to incorporate into the project design energy efficiency and allow potential systems alternatives such as thermal energy storage air - conditioning and building envelope options. 5.11 -12 In order to conserve energy, the property owner /developer shall implement energy- saving practices in compliance with Title 10, which may include the following: • High- efficiency air - conditioning with EMS (computer) control. • Variable Air Volume (VAV) air distribution. ///��`//''''''�����..��. • Outside air (100 percent) economizer cycle. ` Q) • Staged compressors or variable speed drives to flow varying thermal loads. • Isolated HVAC zone control by floors /separable activity areas. • Specification of premium- efficiency electric motors (i.e., compressor motors, air - handling units, and fan -coil units). • Use of occupancy sensors in appropriate spaces. • Use of compact fluorescent lamps in place of incandescent lamps. • Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. • Use of metal - halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. • Consideration of thermal energy storage air conditioning for hotel buildings, meeting facilities, theaters, or other intermittent -use spaces or facilities that may require air - conditioning during summer, day -peak periods. • Consideration for participation in Resource Efficiency's Programs such as: o New Construction Design Review, in which the City cost- shares engineering fees for design of energy efficient buildings and systems. The Platinum Triangle Final SEIR City of Anaheim • Page 3 -29 Findings of Fact and Statement of Overriding Considerations PAcona3\EIR�Fin& ff t, 8- 15 -05.da 3. Findings on Potentially Significant Impacts o Energy Sale for New Construction - Cash incentives ($150 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements. o Thermal Energy Storage Feasibility Study - Cost sharing of up to $5,000 for the feasibility study of TES applied to new facilities. 5.11 -13 For any buildings requiring a change in electrical service, the property owner /developer shall install an underground electrical service from the Public Utilities Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant electricity services impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Natural Gas Impact 5.11 -5: Further development of the Project Area would result in an increased demand for natural aas services. Future development of the Project Area would result in an increased demand for natural gas service. This demand would be associated with the proposed land use changes and increase in residential, commercial and office development. Gas service will be added to the existing system by SCG as necessary to meet the requirements of individual development projects within the Project Area. SCG has indicated that it will be able to supply the area with natural gas without impacting existing service. There will be no significant impacts from the project to natural gas service. Mitigation Measures Applicable Measures from MMP No. 106: No significant impacts have been identified; however, the following mitigation measure will ensure compliance with Title 24 of the California Administrative Code. 5.11 -14 The property owner /developer shall submit plans for review and approval which shall ensure that buildings are in conformance with the State Energy Conservation Standards for Nonresidential buildings (Title 24, Part 6, Article 2, California Administrative Code). Finding: Mitigation measures are feasible and avoid or substantially lessen potentially significant natural gas services impacts to a less- than - significant level for the reasons set forth in the Draft SEIR. Telephone Page 3 -3 0 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. 3. Findings on Potentially Significant Impacts Impact 5.11 -6: Upgrades to existing telephone service facilities may be necessary to adequately serve the Proposed Project. Development of individual projects within the Project Area will increase the demand on the telephone service system; however, telephone service already exists in the Project Area and telephone facilities can be upgraded without any significant impact on the environment. Mitigation Measures No mitigation measures are necessary. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to telephone service impacts for the reasons set forth in the Draft SEIR. Cable Impact 5.11 -7: Upgrades to existing cable service facilities may be necessary to adequately serve the Proposed Proiect. Future development in the Project Area would result in increased demand for television reception and cable service. During construction of street improvements, existing cable television facilities would need to be relocated underground or otherwise redesigned in order to accommodate new accounts. Such increase in demand and construction activity may create temporary disruption of television service in the areas. However, the cable service provider has indicated they can serve the Project Area without any impact to existing service. Q� Mitigation Measures No mitigation measures are necessary. Finding: Adherence to the existing codes and regulations will prevent the occurrence of any significant impacts related to cable service impacts for the reasons set forth in the Draft SEIR. The Platinum Triangle Final SEIR City of Anaheim • Page 3 -31 Findings of Fact and Statement of Overriding Considerations PAcona3\ErRT.etWVPTfi d.p ff t, v8-15 05A. 3. Findings on Potentially Significant Impacts This page intentionally left blank. Page 3 -32 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05.hr 4. Statement of Overriding Considerations CEQA requires the decision -maker to balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State CEQA Guidelines Section 15093[a]). However, in this case CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the FSEIR or elsewhere in the administrative record (State CEQA Guidelines Section 15093 [b]). The agency's statement is referred to as a "Statement of Overriding Considerations." The City of Anaheim is proposing to approve the Project Actions associated with The Platinum Triangle (see the Project Summary in Section 1.3 of this document) and has prepared and certified a FSEIR that satisfies the requirements of CEQA. The following adverse impacts of the project are considered significant and unavoidable based on the DSEIR, FSEIR, MMP No. 106A, and the findings discussed previously in Sections 2.0 and 3.0 of this document. !l fE�[s7d117[�79d�iOd /aDL�7l �7a1 =1 ��aPP /4: �9�hUl �a[�3� Air Quality Construction activities associated with individual development projects in accordance with the implementation of The Platinum Triangle Master Land Use Plan and associated actions could exceed AQMDs significance thresholds. The Goals and Policies contained in the proposed Platinum Triangle Master Land Use Plan are expected to reduce emissions associated with future development. However, even after the application of these ` ) / Goals and Policies, the proposed project is expected to generate emissions levels that exceed AQMDs threshold criteria for CO, ROG, NO., and PM in the SCAB, which is classified as a non - attainment area. As a result, project - related air quality impacts are considered a Significant Unavoidable Adverse Impact and a Statement of Overriding Considerations must be adopted concurrent with project approval. Although the project will result in significant regional air quality impacts, the proposed project is consistent with AQMP and other regional plan strategies to reduce the number of trips and the length of trips in the region, and to improve the balance between jobs and housing at the subregional level. The AQMP recognizes that emissions due to trips and mode choices are not only a function of the transportation system, but also relate to the proximity of housing and job - generating land uses, and proximity of jobs to transportation infrastructure and transit. The future CO emissions are projected to be in compliance with the 1 -hour and 8 -hour State and Federal standards, and therefore, the local CO impacts due to all future scenarios are not considered to be significant. 4.2 CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS Provision of needed housing. Housing growth within the State and the Southern California region has trailed population and employment growth rates for an extended period of time. In an effort to redress this mismatch between population and housing growth, State law now mandates that jurisdictions throughout California must plan to provide their fair share of regional housing needs. State law requires that each City must adopt a Housing Element to be included in the City's General Plan to provide for the anticipated housing needs The Platinum Triangle Final SEIR City of Anaheim • Page 4 -1 Findings of Fact and Statement of Overriding Considerations PAS A- z3\EIR�F+n&Wn TPrfnd+ng ff t, 8 - 15 - 05.x 4. Statement of Overriding Considerations of the jurisdiction, and a Land Use Element which zones sufficient land for residential uses at an appropriate density to allow for the construction of the number of housing units which are specified in the plans contained in the Housing Element. In developing the number of housing units that are specified as the City's planning goal in the City's Housing Element of its General Plan, State law further provides that the City must consider the regional housing needs developed by the State of California and the allocation of these units to various jurisdictions by regional planning organizations. To this end, California's Department of Housing and Community Development issues Regional Housing Need Allocation (RHNA) targets for each jurisdiction based on state and regional growth projections. Each jurisdiction must demonstrate in its Housing Element that it has made provisions in its General Plan for production of its fair share of regional housing needs for the 2000 -2005 period. The State's fair share housing program will issue updated RHNA targets every five years. Local jurisdictions must update their Housing Elements to demonstrate that they will produce enough housing to meet their RHNA targets for 2006 -2010, 2010 -2015, 2015 -2025 and each successive 5 -year period. The RHNA targets assigned by HCD will reflect state and regional growth forecasts and not necessarily local forecasts or general plans. The proposed project contributes to the City's ability to meet its projected fair share housing production obligations in the 2006 -2025 period, and helps insure a better long -term balance between jobs and housing within the City. In order to provide the amount of land necessary to produce the housing units that the City has established as its goal in the Housing Element and that the City expects will be required under the RHNA process, the City must provide for increased housing opportunities within The Platinum Triangle. Improvement of the City's jobs/housing balance. The proposed project contributes to a more balanced jobs /housing ratio consistent with both regional and City General Plan policies. The proposed project is located near existing transportation and transit facilities and near major regional job concentrations and is organized in a manner conducive to walking, biking and transit alternatives to automobile travel in accordance with Southern California Association of Governments (SCAG) policies. The flat, buildable character of the proposed project area further contributes to providing higher density housing and more housing opportunities for workers within the City, rather than trying to satisfy the City's housing needs in more isolated locations without transportation and transit access or proximity to jobs, or on more difficult terrain that requires expensive construction techniques. These siting advantages will provide balance between employment, retail and residential uses; a range of housing opportunities, reduced traffic congestion, and lower emissions due to congestion. The Platinum Triangle meets these specific objectives for the provision of additional housing opportunities. Consistency with AQMP Land Use Strategies Although the proposed Platinum Triangle Master Land Use Plan will result in significant air quality impacts, the project is consistent with the Regional Comprehensive Plan and Guide (RCPG) and AQMP land use strategies to reduce the number of trips (i.e., through encouraging HOV usage) and the length of trips (i.e., by reducing regional VMT by reducing home -to -work commute distances through jobs /housing balance policies). The assumptions regarding land use -based air quality measures is that trips and mode choices are not only a function of the transportation system, but also relate to housing density, relative locations of residential and commercial land uses, and the proximity to regional transportation systems. Page 4 -2 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. 4. Statement of Overriding Considerations The proposed project improves the jobs /housing balance of the Orange County Subregion, which is presently identified by SCAG as "jobs- rich." Providing a wide -range of housing opportunities closer to areas with concentrated employment centers will provide people with the opportunity to live closer to their work, resulting in fewer VMT and less traffic congestion. Without implementation of The Platinum Triangle Master Land Use Plan, housing demand generated by Orange County employment increases would have to be met by areas such as Riverside and San Bernardino Counties which would result in an increase in regional VMT, increased congestion, and corresponding increases in CO, ROG, NOx and PM10 emissions from mobile sources. Therefore, as discussed previously, the proposed project promotes regional RCPG and AQMP attainment policies relating to jobs /housing balance and the promotion of HOV /transit use by introducing a wide -range of housing opportunities within The Platinum Triangle. Implements the Objectives Established for the Project The proposed Platinum Triangle Master Land Use Plan implements the various objectives established for the project, including the following: • Provide for the development of the Project Area consistent with the City's General Plan and The Platinum Triangle Master Land Use Plan. • Provide for a wide range of housing opportunities in close proximity to jobs and a regional transportation center, consistent with regional growth management policies. • Provide a mix of quality, high - density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access. • Provide for additional commercial uses in close proximity to existing and future residential development. • Provide appropriate infrastructure to serve the level of development envisioned by The Platinum Triangle Master Land Use Plan. • Encourage extensive office development along the highly visible periphery of the area to provide a quality employment center. • Identify and pursue opportunities for open space areas that serve the recreational needs of The Platinum Triangle residents and employees. Conclusion For the foregoing reasons, the City of Anaheim concludes that implementation of The Platinum Triangle Master Land Use Plan and the associated project actions will result in a beneficial mix of residential, commercial, industrial, institutional, recreation and open space uses providing significant housing, recreational, and public services benefits of local and regional significance, as well as various public infrastructure improvements, which outweigh the unavoidable environmental impacts. Therefore, the City of Anaheim has adopted this Statement of Overriding Considerations. The Platinum Triangle Final SEIR Findings of Fact and Statement of Overriding Considerations City ofAnaheim • Page 4 -3 PAS A- 23\EIR�Fin&Wrs TPTfindingoff¢trev8- 15 -05Ax �� 4. Statement of Overriding Considerations This page intentionally left blank. Page 4 -4 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05.hr 5. References The following reference materials were reviewed to obtain information included in or considered during the preparation of this environmental impact report. To arrange for the review one or more of these references, please contact the agency listed or Linda Johnson, Principal Planner, City of Anaheim Planning Department, at (714) 765 -5139 extension 5790. 1. California Department of Conservation, Division of Mines and Geology. Seismic Hazard Zone Report for the Anaheim 7.5- Minute Quadrangle, Orange County, California. 1998. 2. California Department of Water Resources. South Coast Hydrologic Region, Coastal Plain of Orange County Groundwater Basin. California Groundwater Bulletin 118. February 27, 2004. 3. California Integrated Waste Management Board. Jurisdictional Landfill Overview. California Waste Stream Profiles. 2004. 4. California Integrated Waste Management Board. California Waste Stream Profiles, Jurisdiction Profile for City of Anaheim. 2004. 5. California Stormwater Quality Association (CASQA). New Development and Redevelopment Handbook. January 2003. 6. City of Anaheim. City of Anaheim Flood Plain Map. July 22, 2004. 7. City of Anaheim. City of Anaheim General Plan. Updated May 25, 2004. 8. City of Anaheim. City of Anaheim General Plan EIR No. 330. Certified May 25, 2004. 9. City of Anaheim. Anaheim Zoning Code. May 25, 2004. C 10. City of Anaheim. Hydraulic Network Analysis for the City of Anaheim Platinum Triangle. February 11, 2005. 11. City of Anaheim. The Platinum Triangle Master Land Use Plan. August 23, 2004. 12. County of Orange. County of Orange General Plan. July 2000. 13. FEMA. Flood Insurance Rate Map No. 06059C0142H. February 18, 2004. 14. Global Geo- Engineering, Inc. Modified Transaction Screen Process Report (Phase 0) - The Platinum Triangle. January 2005. 15. Merit Civil Engineering, Inc. The Platinum Triangle Drainage Study. September 2004. 16. Merit Civil Engineering, Inc. The Platinum Triangle Sewage Study. First Revision January 2005. 17. Parsons Brinckerhoff Quade & Douglas, Inc. Traffic Study for The Platinum Triangle Master Land Use Plan EIR. April 5, 2005. 18. PSOMAS. The Platinum Triangle Water Supply Assessment. February 2005. 19. PSOMAS. Water Quality Technical Report for Platinum Triangle Project. February 2005. 20. SCAQMD. South Coast AQMD CEQA Air Quality Handbook, 1993. The Platinum Triangle Final SEIR City of Anaheim • Page 5 -1 Findings of Fact and Statement of Overriding Considerations RAcoA- z3\EIR�F+n&Wn TRTfnding 15 - 05.x 5. References 21. US Army Corps of Engineers, Los Angeles District Reservoir Regulation Section. Prado Dam Emergency Plan Inundation Map, Plate 2. August 1985. Page 5 -2 • The Planning Center August 2005 P:\COA- 23\EIRU'vi& TPTfindingoff¢trev8- 15 -05A. UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106A FOR 10:I=111JA_11010 DLyA00:U_10[C] 4=1 CEQA Action Environmental Impact Report Nos. 321, 330, and 332 Project Description —The Platinum Triangle Master Land Use Plan and associated actions. Terms and Definitions 2. Property Owner /Developer — Any owner or developer of real property on the Anaheim Stadium property and /or identified outlying parcels. 3. Environmental Equivalent/Timing — Any Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent /timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency /timing shall be borne by the property owner /developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted fee schedule. 4. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur because routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 5. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. 6. On -going Mitigation Measures — The mitigation measures that are designated to occur on an on -going basis as part of this mitigation monitoring program will be monitored in the form of an annual letter from the property owner /developer in January of each year stating how compliance with the subject measures(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "On -going During Construction," the annual letter will review those measures only while construction is occurring. Monitoring will be discontinued after construction is completed. 7. Building Permit — For purposes of this mitigation monitoring program, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. 3/19/04 — Rev. 05/19/05 Measure Responsible for No. Timing Measure Monitoring Completion AESTHETICS 5.1 -1 As part of the Final As part of the Final Site Plan application, where adjacent uses are deemed to be Planning Site Plan shadow sensitive (i.e., residential, recreational, outdoor restaurants, and pedestrian Department, Application areas), the property owner /developer for future development projects shall Building Division demonstrate that the Proposed Project would not preclude shadow sensitive receptors' exposure to natural sunlight for at least 50 percent of duration for the season, for at least 50 percent of the shade sensitive area, to the satisfaction of the Planning Director. AIR QUALITY 5.2 -1 On -going during On -going during grading and construction, the property owner /developer shall be South Coast Air grading and responsible for requiring contractors to implement the following measures to reduce Quality construction construction - related emissions, however, the resultant value is expected to remain Management significant. District; a) The contractor shall ensure that all construction equipment is being Public Works properly serviced and maintained to reduce operational emissions. Department, Field Engineering Division b) Where feasible, the contractor shall use alternative clean fuels such as electric- or compressed natural, gas - powered construction equipment with oxidation catalysts instead of gasoline- or diesel - powered engines. However, where diesel equipment has to be used because there are no practical alternatives, the construction contractor should use emulsified diesel or low sulfur diesel, as defined in SCAQMD Rule 431.2., i.e., diesel with less than 15 ppm sulfur content. c) The contractor shall utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators where feasible. 5.2 -2 On -going during On -going during grading and construction, the property owner /developer shall South Coast Air grading and implement the following measures in order to reduce PM emissions. Quality construction a) The property owner /developer shall implement standard mitigation Management measures in accordance with SCAQMD Rules 402 and 403, to control District, fugitive dust emissions and ensure that nuisance dust conditions do not Public Works occur during construction. Department, Field Engineering b) In addition to the standard measures, the property owner /developer shall Division, implement supplemental measures as feasible to reduce fugitive dust Planning emissions to the extent feasible during construction operations. To assure Department, compliance, the City shall verify compliance that these measures have Planning Division been implemented during normal construction site inspections. The measures to be implemented are listed below: Measure Responsible for No. Timing Measure Monitoring Completion • Reestablish ground cover on the construction site through seeding and watering. • Pave onsite haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Restore landscaping and irrigation that are removed during construction in coordination with local public agencies. • Sweep streets on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. • Suspend grading operations during high winds in accordance with Rule 403 requirements. • Wash off trucks leaving site. • Maintain a minimum 24 -inch freeboard ratio on haul trucks. • Cover payloads on trucks hauling soil using tarps or other suitable means. 5.2 -3 Prior to the Prior to the approval of each grading plan (for Import /Export Plan) and prior to Planning approval of each issuance of demolition permits (for Demolition Plans), the property owner /developer Department, grading plan (for shall submit Demolition and Import /Export Plans. These plans shall include Building Division Import /Export Plan) identification of off -site locations for materials exported from the project and options and prior to for disposal of excess material. These options may include recycling of materials issuance of onsite or to an adjacent site, sale to a soil broker or contractor, sale to a project in demolition permits the vicinity or transport to an environmentally cleared landfill, with attempts made to (for Demolition move it within Orange County. The property owner /developer shall offer recyclable Plans) building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused at the project site. 5.2 -4 Prior to the Prior to the approval of each building permit, the property owner /developer shall South Coast Air approval of each submit evidence that high - solids or water -based low emissions paints and coatings Quality building permit are utilized in the design and construction of buildings, in compliance with Management District SCAQMD regulations. To ensure that volatile organic compounds (VOC) emissions from architectural coatings do not exceed AQMDs significance thresholds for architectural coatings, the number of gallons of coatings shall be restricted, to the maximum extent feasible, to the maximum daily coating usage identified in Table 5.2 -9 of the SEIR. This information shall be denoted on the project plans and specifications. Additionally, the property owner /developer shall specify the use of high volume /low pressure spray equipment or hand application. Air atomized spray techniques shall not be permitted. Where feasible, the paint Measure Responsible for No. Timing Measure Monitoring Completion contractor shall use hand applications as well. 5.2.5 In accordance with In accordance with the timing required by the Traffic and Transportation Manager, Public Works the timing required but no later than prior to the first final building and zoning inspection, the property Department, Traffic by the Traffic and owner /developer shall implement the following measures to reduce long -term and Transportation Transportation operational CO, NOx, ROG, and PM emissions: Division Manager, but no later than prior to Traffic lane improvements and signalization as outlined in the traffic study the first final and MPAH shall be implemented as required by the Traffic and Building and Zoning Transportation Manager. inspection . The property owner /contractor shall place bus benches and /or shelters as required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. 5.2 -6 Prior to issuance of Prior to issuance of a building permit, implementation of energy conservation Public Works a building permit techniques (i.e., installation of energy saving devices, construction of electrical Department, vehicle charging stations, use of sunlight filtering window coatings or double -paned Engineering windows, utilization of light- colored roofing materials as opposed to dark - colored Division, Traffic and roofing materials, and placement of shady trees next to habitable structures) shall Transportation be indicated on plans. Division, Planning Department, Building Division 5.2 -7 Prior to issuance of Prior to issuance of a building permit, the property owner /developer shall be Planning a building permit responsible for the placement of a note on the plans stating that to reduce the Department, health impacts of air quality hazards within The Platinum Triangle, placement of Building Division wood burning fireplaces in residential units shall be prohibited. As an alternative to wood burning fireplaces, gas fireplaces may be used. GEOLOGY AND SOILS 5.3 -1 Prior to the Prior to the approval of a grading plan, if within a Seismic Hazard Zone, the Public Works approval of a property owner /developer shall submit to the Public Works Department a site Department, grading plan specific report in compliance with DMG Special Publication 117, Guidelines for Development Evaluating and Mitigating Seismic Hazards in California. The report shall be Services Division prepared by an engineering geologist and geotechnical engineer. All grading shall be in conformance with Title 17 of the City of Anaheim Municipal Code. 5.3.2 Prior to issuance of Prior to issuance of a building permit, the property owner /developer shall submit to Planning a building permit the Planning Department, Building Division, for review and approval, detailed Department, foundation design information for the proposed buildings, prepared by a civil Building Division engineer, based on recommendations of a geotechnical engineer. 5.3.3 Prior to issuance of Prior to issuance of a building permit, the property owner /developer shall submit to Planning a building permit the Planning Department, Building Division, a report prepared by a geotechnical Department, Measure Responsible for No. Timing Measure Monitoring Completion engineer for review and approval which shall investigate the subject foundation Building Division excavations. 5.3 -4 Prior to issuance of Prior to issuance of a building permit, the property owner /developer shall submit to Planning a building permit the Planning Department, Building Division, plans showing that the proposed Department, structure(s) has been analyzed for earthquake loading and designed according to Building Division the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim. 5.3 -5 Prior to final Prior to the first final building and zoning inspection, for any proposed hotel uses, Planning building inspections including condominium hotels, the property owner /developer shall submit an Department, earthquake emergency response plan to the Planning Department, Building Building Division Division, for review and approval. The plan shall require posted notices in all hotel rooms and earthquake safety procedures and incorporate on -going earthquake training for hotel staff. 5.3 -6 On -going during On -going during grading operations, the property owner /developer shall implement Public Works grading operations standard practices relating to grading from City Ordinance (Title 17) and policies to Department, Field the satisfaction of the Public Works Department, Field Engineering Division. Engineering Division HAZARDS AND HAZARDOUS MATERIALS 5.4 -1 On -going during On -going during demolition and construction, in the event that hazardous waste is Orange County demolition and discovered during site preparation or construction, the property owner /developer Health Care construction shall ensure that the identified hazardous waste and /or hazardous material is Agency, Fire handled and disposed of in the manner specified by the State of California Department Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the requirements of the California Administrative Code, Title 30, Chapter 22. In addition, the property owner /developer shall report the finding of hazardous waste to the Orange County Health Care Agency and Anaheim Fire Department. 5.4 -2 On -going during On -going during project operation, the applicant shall handle and dispose of all Fire Department project operation hazardous materials and wastes during the operation and maintenance of facilities in accordance with the State codes identified in Mitigation Measure No. 5.4 1 and under Anaheim Fire Department supervision. 5.4 -3 Prior to issuance of Prior to issuance of the first residential building permit for each final site plan Planning first residential incorporating residential units, the property owner /developer shall send a Department, building permit Notification Letter to businesses in proximity to the project to inform them of the Building Division presence of the sensitive use (i.e., residential land uses). The letter shall request that the mixed -use project property owner /residents be notified of any accident at the nearby businesses that may involve the release of hazardous substances. The Good Neighbor Program shall also require that the project property owner /developer prepare a Safety Plan, which shall be implemented and on -going Measure Responsible for No. Timing Measure Monitoring Completion during project operation, that includes staff training, emergency tools, and first aid provisions, supervision of children or other individuals in an emergency situation, and a shelter -in -place program for instances when evacuation is not appropriate or practicable. 5.4 -4 Prior to final Prior to the first final building and zoning inspection for each final site plan Planning Building and Zoning incorporating residential units, the property owner /developer shall prepare and Department, inspections submit to the Planning Department, Building Division, a Safety Plan, which shall be Building Division implemented on -going during project operation that includes staff training, emergency tools, and first aid provisions, supervision of children or other individuals in an emergency situation, and a shelter -in -place program for instances when evacuation is not appropriate or practicable. 5.4 -5 Prior to final Prior to final building and zoning inspections, for any residential project within 1,000 Planning Building and Zoning feet of a use that has the potential to release substantial amounts of airborne Department, inspections hazardous materials, the project property owner /developer shall submit a shelter -in- Building Division place program to the Planning Department, Building Division, for review and approval. The shelter -in -place program shall require the property owner /developer to purchase a subscription to a service that provides "automated emergency notification" to individual residents (subject to meeting minimum standards set by the City) of the project. The shelter -in -place program shall include the following: • The property owner /developer shall be required to purchase a minimum 10- year subscription to such a service that would include periodic testing (at least annually). • The CC &Rs for each individual project shall require that each property owner and /or project Homeowners Association (HOA): • Maintain a subscription following expiration of the initial purchased subscription. • Maintain, in a timely manner, the database of resident phone numbers in conjunction with the service. • Provide appropriate agencies (police, fire, other emergency response as identified by the City) with information on how to activate the notification via the service provider. The CC &Rs for each individual project shall require that each resident provide the property owner /HOA with a current phone number for the residence and /or individual residents. This would include timely notification following the sale of a unit and would require notification if the unit were rented or leased or subject to any other change in occupancy. 5.4 -6 Prior to issuance of Prior to issuance of grading permits for each development project, a Phase I Site Public Works Measure Responsible for No. Timing Measure Monitoring Completion grading permits for Assessment shall be prepared by the property owner /developer and submitted to Department, each development the City of Anaheim Public Works Department, Development Services Division, for Development project review and approval. If actual or potential impacts are identified by the Phase I, a Services Division Phase II ESA will be completed for the site by the owner /developer and the results will be submitted to the Planning Department. During the Phase II ESA, samples from potential areas of concern will be collected and submitted for laboratory analysis to confirm the nature and extent of potential impacts. If hazardous materials are identified during the site assessments, the property owner /developer shall notify the finding to the Anaheim Fire Department and the appropriate response /remedial measures will be implemented in accordance with the directives of the OCHCA and /or the Regional Water Quality Control Board (RWQCB), as appropriate. If soil is encountered during site development that is suspected of being impacted by hazardous materials, work will be halted and site conditions will be evaluated by a qualified environmental professional. The results of the evaluation will be submitted to OCHCA and /or RWQCB, and the appropriate response /remedial measures will be implemented, as directed by OCHCA, RWQCB, or other applicable oversight agency, until all specified requirements of the oversight agencies are satisfied and a no- further- action status is attained. 5.4 -7 Prior to issuance of Prior to issuance of a grading permit or a demolition permit for any building, an Planning • grading permit or asbestos survey shall be conducted and submitted to the Planning Department, Department, • demolition permit Building Division, by the property owner /developer. If the materials are found to Building Division. for any building contain asbestos fibers, demolition shall be conducted in accordance with the remediation and mitigation procedures detailed in Remediation Procedures Report, and in accordance with Federal, State and local law. Buildings constructed prior to 1973 shall be screened for lead -based paint prior to demolition. If lead -based paint is identified, it shall be mitigated in accordance with the procedures set forth in the Remediation Procedures Report. HYDROLOGY AND WATER QUALITY 5.5 -1 Prior to issuance of Prior to issuance of a grading permit, the property owner /developer shall submit Public Works a grading permit plans documenting that the design of all aboveground structures (with the exception Department, of parking structures) shall be at least three feet higher that the 100 -year flood Building Division zone, where applicable, unless otherwise required by the City Engineer. All structures below this level shall be flood - proofed to prevent damage to property or harm to people. 5.5 -2 At least 90 days At least 90 days prior to the initiation of grading activities, for projects greater than Public Works prior to the initiation one acre, an NOI shall be filed with the RWQCB by the property owner /developer Department, of grading activities pursuant to State and Federal NPDES requirements. As part of the NOI, a SWPPP Development shall be prepared. The property owner /developer shall also prepare and submit to Services Division RWQCB, a Water Quality Management Plan (WQMP) in accordance with the City's Municipal NPDES requirements and the Orange County Drainage Area Measure Responsible for No. Timing Measure Monitoring Completion Management Plan. The SWPPP, in conjunction with the WQMP, will describe the structural and nonstructural BMPs that will be implemented during construction (short -term) within the Project Area as well as BMPs for long -term operation of the Project Area. Long -term measures could include, but may not be limited to, street sweeping, trash collection, proper materials storage, designated wash areas connected to sanitary sewers, filter and grease traps, and clarifiers for surface parking areas. The BMPs selected shall be consistent with the Water Quality Technical Report prepared for the Proposed Project (Appendix G of SEIR No. 332). 5.5 -3 Prior to approval of The City Engineer shall review the location of each project to determine if it is Public Works a final subdivision located within an area served by deficient drainage facilities, as identified in The Department, map or issuance of Platinum Triangle Drainage Study. If the project will increase storm water flows Engineering a grading or beyond those programmed in the appropriate master plan drainage study for the Division, Planning building permit, area or if the project currently discharges to an existing deficient storm drain system Department, whichever occurs or will create a deficiency in an existing storm drain, the property owner /developer Building Division first shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner /developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Development Mitigation within Benefit Zones (Appendix E of The Platinum Triangle Drainage Study), prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building /structure, whichever occurs first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 5.5 -4 Prior to approval of The City shall work with the OCFCD to ensure that flood control facilities are well Public Works a final subdivision maintained and plan facilities capable of accommodating, at a minimum, future Department, map or issuance of storm flows meeting City requirements for City owned and maintained facilities, and Engineering a grading or 100 -year storm flows for County facilities. Where improvements to local drainage Division, Planning building permit, facilities have the potential to increase discharges to County facilities, the City shall Department, whichever occurs analyze potential impacts to County facilities in consultation with the Manager, Building Division first County of Orange Flood Control Division. Encroachment Permits shall be obtained from the County's Public Property Permits Section for any activity performed within OCFCD's right of way. NOISE 5.7 -1 On -going and On -going and during grading, demolition, and construction, the property Planning during grading, owner /developer shall be responsible for requiring contractors to implement the Department, Field demolition, and following measures to limit construction - related noise: Engineering, construction a) Noise generated by construction, shall be limited by the property Building and Code owner /developer to 60 dBA along the property boundaries, before 7 a.m. Enforcement Measure Responsible for No. Timing Measure Monitoring Completion and after 7 p. m., as governed by Chapter 6.7, Sound Pressure Levels, of Divisions the Anaheim Municipal Code. b) Limit the hours of operation of equipment that produces noise levels noticeably above general construction noise levels to the hours of 10 a.m. to 4 p.m. c) All internal combustion engines on all of the construction equipment shall be properly outfitted with well maintained muffler systems. 5.7 -2 Prior to issuance of Prior to issuance of a building permit for any project generating over 100 peak hour Planning a building permit trips, the project property owner /developers shall submit a final acoustical report Department, prepared to the satisfaction of the Planning Director. The report shall show that the Building Division development will be sound - attenuated against present and projected noise levels, including roadway, aircraft, helicopter and railroad, to meet City interior and exterior noise standards. 5.7 -3 Prior to issuance of New development project property owner /developers shall use the most current Planning a building permit available Airport Environs Land Use Plan (AELUP) as a planning resource for Department, evaluating heliport and airport operations as well as land use compatibility and land Building Division use intensity in the proximity of Los Alamitos Joint Training Base and Fullerton Municipal Airport. PUBLIC SERVICES 5.9 -1 Prior to the Plans shall indicate that all buildings shall have fire sprinklers installed by the Fire Department issuance of each property owner /developer in accordance with the Anaheim Municipal Code. Said building permit. sprinklers shall be installed prior to each final building and zoning inspection. 5.9 -2 Prior to the The property owner /developer shall submit plans to the Anaheim Police Police Department approval of Final Department for review and approval for the purpose of incorporating safety Site Plan and measures in the project design including the concept of crime prevention through issuance of each environmental design (i.e., building design, circulation, site planning and lighting of building permit parking structure and parking areas). Rooftop addresses shall be provided for all parking structures (for the police helicopter). Minimum size for numbers shall be four feet in height and two feet in width. The lines for the numbers shall be six inches thick and spaced 12 to 18 inches apart. All numbers shall have a contrasting color to the parking structure and shall face the street to which the structure is addressed. 5.9 -3 Prior to the The property owner /developer shall submit plans to the Anaheim Police Police Department issuance of each Department for review and approval indicating the provision of closed circuit building permit for a monitoring and recording or other substitute security measures as may be Measure Responsible for No. Timing Measure Monitoring Completion parking structure approved by the Anaheim Police Department. Said measures shall be implemented and prior to final prior to final building and zoning inspections. building and zoning inspections 5.9 -4 Prior to the The property owner /developer shall submit design plans that shall include parking Police Department issuance of each lots and parking structures with controlled access points to limit ingress and egress building permit if determined to be necessary by the Anaheim Police Department, and shall be subject to the reviews and approval of the Anaheim Police Department. 5.9 -5 On -going during If the Anaheim Police Department or Anaheim Traffic Management Center (TMC) Police Department, project operation personnel are required to provide temporary traffic control services, the property Public Works owner /developer shall reimburse the City, on a fairshare basis, if applicable, for Department, Traffic reasonable costs associated with such services. Management Center 5.9 -6 On -going The City of Anaheim will work cooperatively with school districts to identify sites for Community new schools and school expansions in The Platinum Triangle. Development Department, Redevelopment Services, Planning Department Zoning Division TRAFFIC AND CIRCULATION 5.10 -1 Prior to the Prior to the issuance of grading or building permit, whichever occurs first, for new Public Works issuance of grading development forecast to generate 100 or more peak hour trips, as determined by Department, Traffic or building permit, the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis and Transportation whichever occurs Model Trip Generation Rates, the property owner /developer shall be required to Division, Planning first pay the City of Anaheim for all costs associated with updating the applicable Department, Transportation Model to include the trips associated with their proposed Building Division development. This model update will be used to determine and program the extent and phasing of improvements necessary to accommodate the proposed development. If the model demonstrates that the proposed development will cause an intersection to operate at an unacceptable level of service (LOS "E" or "F" depending on the location), the property owner /developer shall be responsible for constructing its fair share of necessary improvements to maintain acceptable levels of service at intersections within Anaheim and surrounding municipalities for the anticipated theoretical buildout of the General Plan as identified in the City's Circulation Element. The Public Works Department, Traffic and Transportation Division, and Planning Department, Building Division, shall monitor these measures. Measure No. Timing Measure Responsible for Monitoring Completion 5.10 -2 Prior to final The property owner /developer shall implement and administer a comprehensive Public Works building and zoning Transportation Demand Management (TDM) program for all employees. Objectives Department, Traffic inspection and on- of the TDM program shall be and Transportation going during project Increase ridesharing and use of alternative transportation modes by guests Division operation . Provide a menu of commute alternatives for employees to reduce project- generated trips. • Conduct an annual commuter survey to ascertain trip generation, trip origin and Average Vehicle Ridership. Prior to final Building and Zoning inspection and on -going during project operation, the property owner /developer shall provide a menu of TDM program strategies and elements for both existing and future employees' commute options, to include, but not be limited to, the following: • On -site Services such as the food, retail, and other services be provided. • Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. • Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. • Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commute rail) passes be promoted through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. • Shuttle Service. A commuter listing of all employees living in proximity to the project be generated, and a local shuttle program offered to encourage employees to travel to work by means other than the automobile. Event shuttle service will be available for the guests. • Bicycling. A Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers be provided as part of this program, Maps of bicycle routes throughout the area be provided to inform potential bicyclists of these options. • Guaranteed Ride Home Program. A program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. • Target Reduction of Longest Commute Trip. An incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Stagger work shifts. • Develop a "compressed work week" program, which provides for fewer Measure Responsible for No. Timing Measure Monitoring Completion work days but longer daily shifts as an option for employees. • Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). • Develop a parking management program that provides incentives to those who rideshare or use transit means other than single- occupant auto to travel to work. • Access. Preferential access to high occupancy vehicles and shuttles may be provided. • Financial Incentive for Ridesharing and /or Public Transit. (Currently, Federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and /or express bus pools.) • Financial Incentive for Bicycling. Employees offered financial incentives for bicycling to work. • Special "Premium" for the Participation and Promotion of Trip Reduction. Ticket /passes to special events, vacation, etc. be offered to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. • Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. 5.10 -3 Prior to final The property owner /developer of office /commercial uses shall join and financially Public Works Building and Zoning participate in a clean fuel shuttle program, if established and, shall participate in the Department, Traffic inspections Anaheim Transportation Network/Transportation Management Association in and Transportation conjunction with the on -going operation of the project Manager 5.10 -4 As determined by The General Plan Circulation Element and associated Planned Roadway Network Public Works the Traffic and Map (Figure C -1 of the General Plan), identifies those roadways that are planned to Department, Traffic Transportation accommodate current development and future growth established by the Land Use and Transportation Division Element. As determined by the Public Works Department, Traffic and Transporta- Division tion Division, roadways will be constructed as development occurs and as funding becomes available. In addition to the roadways identified on the Planned Roadway Network Map, improvements will be necessary to maintain acceptable levels of service within the anticipated theoretical buildout identified in the General Plan. 5.10 -5 Prior to issuance of Appropriate Traffic Signal Assessment Fees, Traffic Impact and Improvement Fees, Public Works each building permit and Platinum Triangle Impact Fees shall be paid by the property owner /developer Department, Traffic to the City of Anaheim in amounts determined by the City Council Resolution in and Transportation effect at the time of issuance of the building permit with credit given for City- Division, Planning authorized improvements provided by the property owner /developer, and Department/Building participate in all applicable reimbursement or benefit districts which have been Division established. Measure No. Timing Measure Responsible for Monitoring Completion 5.10 -6 Prior to approval of The property owner /developer shall irrevocably offer for dedication (with Public Works the first final subordination of easements), including necessary construction easements, the Department, subdivision map or ultimate arterial highway right(s) -of -way as shown in the Circulation Element of the Engineering issuance of the first Anaheim General Plan adjacent to their property. Division, Planning building permit, Department/Building whichever occurs Division first, and subject to nexus requirements UTILITIES AND SERVICE SYSTEMS 5.11 -1 Prior to issuance of Prior to issuance of a building permit, submitted landscape plans shall demonstrate Public Utilities a building permit compliance with the City of Anaheim adopted Landscape Water Efficiency Department, Guidelines. This ordinance is in compliance with the State of California Water Resource Efficiency Conservation in Landscaping Act (AB 325). Division Among the measures to be implemented with the project are the following: • Use of water - conserving landscape plant materials wherever feasible; • Use of vacuums and other equipment to reduce the use of water for wash down of exterior areas, • Low -flow fittings, fixtures and equipment including low flush toilets and urinals, • Use of self - closing valves for drinking fountains, • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors; • Infrared sensors on sinks, toilets and urinals, • Low -flow shower heads in hotels; • Infrared sensors on drinking fountains, • Use of irrigation systems primarily at night, when evaporation rates are lowest, • Water- efficient ice machines, dishwashers, clothes washers, and other water using appliances, • Cooling tower recirculating system, • Use of low flow sprinkler heads in irrigation system, • Use of waterway re- circulation systems, • Provide information to the public in conspicuous places regarding water conservation, and • Use of reclaimed water for irrigation and washdown when it becomes available. In conjunction with submittal of landscape and building plans, the applicant shall identify which of these measures have been incorporated into the plans. 5.11 -2 Prior to issuance of Prior to the issuance of the first building permit, the property owner /developer shall Public Utilities the first building provide engineering studies, including network analysis, to size the water mains for Department, Water permit ultimate development within the project. This includes detailed water usage Engineering analysis and building plans for Public Utilities Water Engineering reviews and approval in determining project water requirements and appropriate water assessment fees. 5.11 -3 Prior to issuance of Prior to the issuance of the first building permit or grading permit, whichever occurs Public Utilities the first building first, the property owner /developer shall indicate on plans installation of a separate Department, Water permit or grading irrigation meter when the total landscaped area exceeds 2,500 square feet. (City of Engineering permit, whichever Anaheim Water Conservation Measures) Division, Planning occurs first Department, Building Division 5.11 -4 Prior to issuance of Prior to the issuance of the first building permit or grading permit, whichever occurs Public Utilities the first building first, the property owner /developer shall comply with Rule 15D of the Water Utilities Department, Water permit or grading Rates, Rules, and Regulations. Rule 15D shall be amended to include construction Engineering permit, whichever of a new well with a minimum 1,500 GPM capacity within The Platinum Triangle. Division, Planning occurs first Department, Building Division 5.11 -5 Prior to approval of The City Engineer shall review the location of each project to determine if it is Public Works a final subdivision located within an area served by deficient sewer facilities, as identified in The Department, map or issuance of Platinum Triangle Sewer Study. If the project will increase sewer flows beyond Engineering a grading or those programmed in the appropriate master plan sewer study for the area or if the Division, Planning building permit, project currently discharges to an existing deficient sewer system or will create a Department, whichever occurs deficiency in an existing sewer line, the property owner /developer shall be required Building Division first to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner /developer shall be required to install the sanitary sewer facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Benefit Parcels and Development Mitigation (Appendix D of The Platinum Triangle Sewer Study), prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building /structure, whichever occurs first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 5.11 -7 Prior to the Prior to the approval and ongoing during construction of any street improvement Public Works approval and on- plans within The Platinum Triangle which encompass area(s) where OCSD will be Department, going during upsizing trunk lines and /or are making other improvements, the City and /or property Sanitation Division construction owner /developer shall coordinate with the OCSD to ensure that all improvements and construction schedules are coordinated. 5.11 -8 Prior to issuance of The property owner /developer shall submit project plans to the Streets and Public Works each building Sanitation Division of the Public Works Department for review and approval to Department, permit, to be ensure that the plans comply with AB939, and the Solid Waste Reduction Act of Sanitation Division implemented prior 1989, and the County of Orange and City of Anaheim Integrated Waste to final building and Management Plans as administered by the City of Anaheim. Implementation of said zoning inspections plan shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include, at its discretion, the following plan components: • Detailing the locations and design of on -site recycling facilities. • Providing on -site recycling receptacles to encourage recycling. • Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection • Providing on -site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patrons where feasible. • Prohibiting curbside pick -up. • Ensuring hazardous materials disposal complies with Federal, State, and city regulations. 5.11 -9 On -going during The following practices shall be implemented, as feasible, by the property Public Works project operations owner /developer: Department, • Usage of recycled paper products for stationery, letterhead, and packaging. Sanitation Division • Recovery of materials, such as aluminum and cardboard. • Collection of office paper for recycling. • Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries and scrap metal for recycling or recovery. 5.11 -10 Prior to the The property owner /developer shall submit a Demolition and Import /Export Plans, if Planning approval of each determined to be necessary by the Public Works Department, Traffic Engineering Department, grading plan (for Division and /or Street and Sanitation Division. The plans shall include identification Building Division Import /Export Plan) of off -site locations for material export from the project and options for disposal of and prior to excess material. These options may include recycling of materials on -site, sale to a issuance of broker or contractor, sale to a project in the vicinity or transport to an demolition permits environmentally cleared landfill, with attempts made to move it within Orange (for Demolition County. The property owner /developer shall offer recyclable building materials, Plans) such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if all cannot be reused on the project site. 5.11 -11 Prior to the The property owner /developer shall submit plans showing that each structure will Public Utilities issuance of each comply with the State Energy Efficiency Standards for Nonresidential Buildings Department, building permit (Title 24, Part 6, Article 2, California Code of Regulations) and will consult with the Resource Efficiency City of Anaheim Public Utilities Resource Efficiency Division in order to review Title Division 24 measures prior to each final Building and Zoning inspection to incorporate into the project design including energy efficient designs. This consultation shall take place during project design to incorporate into the project design energy efficiency and allow potential systems alternatives such as thermal energy storage air - conditioning and building envelope options. 5.11 -12 Prior to issuance of In order to conserve energy, the property owner /developer shall implement energy- Public Utilities each building permit saving practices in compliance with Title 10, which may include the following: Department, High- eciency air - conditioning with EMS (computer) control. • ffi Resource Efficiency • Variable Air Volume (VAV) air distribution. Division; Planning Department, • Outside air (100 percent) economizer cycle. Building Division • Staged compressors or variable speed drives to flow varying thermal loads. • Isolated HVAC zone control by floors /separable activity areas. • Specification of premium- efficiency electric motors (i.e., compressor motors, air - handling units, and fan -coil units). • Use of occupancy sensors in appropriate spaces. • Use of compact fluorescent lamps in place of incandescent lamps. • Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. • Use of metal - halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. • Consideration of thermal energy storage air conditioning for hotel buildings, meeting facilities, theaters, or other intermittent -use spaces or facilities that may require air - conditioning during summer, day -peak periods. • Consideration for participation in Resource Efficiency's Programs such as • New Construction Design Review, in which the City cost - shares engineering fees for design of energy efficient buildings and systems. • Energy Sale for New Construction — Cash incentives ($150 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements. • Thermal Energy Storage Feasibility Study — Cost sharing of up to $5,000 for the feasibility study of TES applied to new facilities. 5.11 -13 Prior to issuance of For any buildings requiring a change in electrical service, the property Public Utilities each building permit owner /developer shall install an underground electrical service from the Public Department, Utilities Distribution System. The Underground Service will be installed in Electrical accordance with the Electric Rules, Rates, Regulations and Electrical Engineering Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. 5.11 -14 Prior to the The property owner /developer shall submit plans for review and approval which Public Utilities issuance of each shall ensure that buildings are in conformance with the State Energy Conservation Department, building permit Standards for Nonresidential buildings (Title 24, Part 6, Article 2, California Resource Efficiency Administrative Code). Division ATTACHMENT NO. 1A SEIR No. 332 - ERRATA Volume I; Page 5 -182, second paragraph: The threshold of significance for traffic impacts is a peak hour LOS worse than "D" with an increase in the Intersection Capacity Utilization ratio of greater than 0.01. When the Proposed MLUP condition is compared with the Current MLUP, mitigation will be required for any intersection which increases the peak hour ICU by at least 02 0.01 and is projected to operate at LOS E or F. Volume I; Page 5 -182; second paragraph: The threshold of significance for traffic impacts is a peak hour LOS worse than "D" with an increase in the Intersection Capacity Utilization ratio of greater than 0.01. When the Proposed MLUP condition is compared with the Current MLUP, mitigation will be required for any intersection which increases the peak hour ICU by at least 0.02 0.01 and is projected to operate at LOS E or F. ATTACHMENT NO. 2 GENERAL PLAN AMENDMENT NO. 2004 -00420 Draft Resolution DRAFT RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT GENERAL PLAN AMENDMENT NO. 2004 -00420 PERTAINING TO THE LAND USE AND CIRCULATION ELEMENTS WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by the City Council on May 25, 2004, by its Resolution No. 2004 -95, which plan may be amended from time to time; and WHEREAS, the adopted General Plan envisions an area of the City of Anaheim known as The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR -57 Freeway 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 SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in "Figure LU -5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle of up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, the Anaheim Planning Commission by motion on March 7, 2005, initiated applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No- 2004-00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to rescind in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004 - 00134, and, by motion on June 13, 2005, initiated applications and proceedings for General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432), which amendment also pertains to The Platinum Triangle (hereinafter referred to as the 'Project Discretionary Actions "); and WHEREAS, the General Plan Amendments initiated by the Planning Commission on March 7, 2005 and June 13, 2005, were combined into one action for consideration by the Planning Commission and City Council; and. WHEREAS, General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) is a request for the Planning Commission to recommend that the City Council amend the City of Anaheim General Plan Land Use and Circulation Elements as follows: (1) Land Use Element: (A) redesignate a 321 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center ") from the Office -High to the Mixed -Use land use designation; and (B) provide for an additional 325 dwelling units and up to 210,100 square feet of additional commercial square footage in The Platinum Triangle Mixed -Use land use designation. This amendment would increase the maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum overall commercial density from 2,044,300 to 2,254,400 square feet. (2) Circulation Element: (A) redesignate a portion of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway (six lanes divided with no parking or four lanes Cr1PC2005- PC2005- divided with left turn pockets and two parking lanes with a typical right -of -way width of 106 feet) to a Secondary Arterial Highway (four undivided lanes with parking on either side with a typical right -of -way width of 90 feet) to be consistent with the Orange County Master Plan of Arterial Highways and respective lane configurations; and (B) provide for Gene Autry Way between Betmor Lane and State College Boulevard to be up to 115 feet in width (up to 170 feet in width was previously advertised). This segment of Gene Autry Way is designated as a Primary Arterial Highway with a current typical width of up to 106 feet. WHEREAS, the proposed amendment to the Circulation Element pertaining to the Gene Autry Way Grand Parkway has been modified to provide for Gene Autry Way between Betmor Lane and State College Boulevard to be up to 115 feet in width instead of the previously- requested 170 feet in width as discussed in the August 22, 2005 staff report to the Planning Commission. WHEREAS, the proposed amendments to the General Plan are shown on Exhibit A (labeled "LAND USE ELEMENT, General Plan Amendment No. 2004 - 00420) and Exhibit B (labeled `CIRCULATION ELEMENT, General Plan Amendment No. 2004 - 00420), which exhibits are attached hereto to this Resolution and which are incorporated herein by this reference as if set forth in full; and WHEREAS, the proposed amendment to the General Plan Land Use Element would also include a modification to 'Table LU-4: General Plan Density Provisions for Specific Areas of the City" to increase the density for The Platinum Triangle Mixed Use designation to reflect an increase in the maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum overall commercial density from 2,044,300 to 2,254,400 square feet; and WHEREAS, the proposed amendment to Gene Autry Way would be reflected in the Right -of -way Exceptions List on file in the City of Anaheim Planning Department; and WHEREAS, on July 25, 2005, the Planning Commission, by Resolution No. PC2005 -105 recommended that City Council approve General Plan Amendment No. 2005 -00435 to amend the Land Use Element to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to increase the maximum overall commercial density for The Platinum Triangle Mixed -Use designation from 2,044,300 to 2,049,908 square feet representing a total increase of 5,608 square feet, which separate amendment is currently in process in connection with recommendations to the City Council of approval of Miscellaneous Case No. 2005 -00113 to amend The Platinum Triangle Master Land Use Plan, Zoning Code Amendment No. 2005 - 00044, Conditional Use Permit No. 2005 - 04967, Tentative Tract Map No. 16800 and Development Agreement No. 2005 -00004 to permit the development of the D.R. Horton project at 2100 E. Katella Avenue; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 22, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 1 - That the evidence presented substantiates the need for the proposed amendments to the Anaheim General Plan as the proposed changes would result in additional housing and commercial activities within the boundaries of The Platinum Triangle and provide appropriate street widths, consistent with the General Plan goals and policies for that area. 2. That the proposed amendments to redesignate Cerritos Avenue from a Primary Arterial to a Secondary Arterial would be consistent with the existing Orange County Master Plan of Arterial Highways configuration and the amendment to Gene Autry Way to provide for an increase of right -of -way from 106 feet to 115 feet would provide for further enhancements to this roadway connection between The Platinum Triangle and The Anaheim Resort consistent with the General Plan goals and policies. lasyllZs7+� 3. That the proposed amendments maintain the internal consistency of the General Plan. 4. That the proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 5. That the proposed amendments would maintain the balance of land uses within the City. 6. That the subject property proposed to be redesignated from Office High to Mixed -Use as depicted on Exhibit (labeled "LAND USE ELEMENT, General Plan Amendment No. 2004 - 00420, Tracking No. GPA2005- 00432) is physically suitable to accommodate the proposed modification, including, but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses as said area is in close proximity to another mixed use area (the PTMU Overlay Zone, Stadium District to the north) and employment areas (the properties to the west are designated for Office High) and is in close proximity to freeway access (to the SR -57). Further, as indicated in the FSEIR No. 332 analysis prepared for The Platinum Triangle Master Land Use Plan and other related actions, including General Plan Amendment No. 2004 - 00420, with the imposition of project mitigation measures, there are no impacts to the provision for utilities to serve said site. 7. That in the event the City Council approves General Plan Amendment No. 2005 -00435 pertaining to a modification to the General Plan Land Use Element "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to increase the commercial square footage allocated for The Platinum Triangle Mixed -Use designation by 5,608 square feet, that the overall total commercial square footage permitted in The Platinum Triangle Mixed -Use designation by the subject General Plan Amendment No. 2004 -00420 shall not exceed 2,254,400 square feet consistent with the maximum amount of commercial square footage analyzed in FSEIR No. 332. 8. That _ indicated their presence at said public hearing in opposition; and that correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed General Plan Amendment No. 2004 -00420 in connection with Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case Nos. 2004- 00089, 2005 -00114 and 2005 -00115 and Reclassification No. 2004 -00134 and, by its Resolution No. did find and recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project, certify FSEIR No. 332 and adopt a Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A, and determine that FSEIR No. 332 fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for the Project, including the Project Implementation Actions and Discretionary Actions to the extent authorized by law. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim adopt General Plan Amendment No. 2004 -00420 to (A) amend the Land Use Element to redesignate a 321 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ( "North Net Fire Training Center") from the Office -High to the Mixed -Use land use designation and modify "Table LU4: General Plan Density Provisions for Specific Areas of the City" to reflect an increase in the maximum overall residential density from 9,175 to 9,500 dwelling units and the maximum overall commercial density from 2,044,300 to 2,254,400 square feet; and (B) to amend the Circulation Element to redesignate a portion of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway to a Secondary Arterial Highway to be consistent with the Orange County Master Plan of Arterial Highways and respective lane configurations; and to provide for the Gene Autry Way Grand Parkway between Betmor Lane and State College Boulevard to be up to 115 feet in width to provide for enhancements to this roadway connection between The Platinum Triangle and The Anaheim Resort. 1goyllZs7+7a THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 22, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of 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 August 22, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 4 PC2005- Knott Street Western Avenue Beach Boulevard I " -1 I I Co Dale c o Q Avenue n w. Magnolia D Avenue m — d Gilbert x Street Brookhurst m � Street G) Nutwood m Street m Euclid Street _. 0 F 3 �t '< I Ninth r o o 0 Street 3 0 n m o m o West 3 U' M Street N ? 0 0 a A N A Harbor 0 Boulevard 0 A N o Haster Street Lewis Street St. College Boulevard I " -1 I I Co I D c o Q w n w. 3 D n m — d m x m � Knott Street Western Avenue Beach Boulevard Dale Avenue Magnolia Avenue Gilbert Street Brookhurst Street Euclid Street Harbor Boulevard Lemon StJ Anaheim Blvd. East Street State College Boulevard Kraemer Boulevard Miller Street Tustin Avenue Jefferson Street DO DO DTI n0 Am DO Dr DO Dr DO < s < < d o w < < < < w < c c io c c io c c o a w c io w 3 w s Cerritos Avenue Segment - 0.67 Mile Primary Arterial Highway Gene Autry Way Existing Designation Segment - 0.32 Mile CERRITOS AVENUE SEGMENT (Primary Arterial Highway) Existing Designation Primary Arterial Highway CERRITOS AVENUE (Primary) F- W W ry F- > ) w J o J 07 W C7 Lu HC J O U W F- Q N (n V) \ �W 1e ` O \ KATELLA AVE i� 3dium Smartstreet) GENE AUTRY WAY SEGMENT (PrimarvArterial Hiahwav) &MAM General Plan Amendment No. 2004 -00420 Tracking No. GPA2005 -00432 Circulation Element Existing Figure 2 0 0 O Q (7 7 O 0 AVE. a� c e J O 1826 Cerritos Avenue Exhibit A - Proposed Designation Segment - 0.67 Mile Secondary Arterial Highway Gene Autry Way Exhibit A - Proposed Designation Segment - 0.32 Mile Primary Arterial highway - Change the ultimate right -of -way up to 170 feet in width CERRITOS AVENUE SEGMENT (SecondaryArtenalHighwav) l F- W W ry F- U) w J CERRITOS AVENUE (Primary) KATELLA AVE 7 3dium Smartstreet) D J 07 W C7 J HC O U W F- Q N (n V) GENE AUTRY WAY SEGMENT (PrimarvArterial Hiahwav) v T F� v� GENE AUTRY WAY General Plan Amendment No. 2004 -00420 Tracking No. GPA2005 -00432 Circulation Element Exhibit A Figure 3 419 O < �e 7 O o AVE. � e ' F m 1826 Orangethi Avenue La Palma Avenue Crescent Avenue Lincoln Avenue Orange Avenue Ball Road Cerritos Avenue Katella Avenue Orangewc Avenue Chapman Avenue 9 d> > > 0d av Yn >Q mm ❑> � N Oj 0 a•m od my ad o m 2Q 7 mN Ow � v zo > v v r v v n v V N N N N W O f/1 Zf/1 2 i f/1 S 0 v N ` — R " N N 2 f/1 J f/1 f/1 6 LAND USE ELEMENT General Plan Amendment 2004 -00420 Tracking No. GPA2005 -00432 Vicinity Location Map Figure 1 LEGEND 119 Quarter Section Map Number Approximate Location • of Subject Property 1770 > E c o 2 O dN NN no v `m �.� Ym X65 FQ to o `m m E > 15 N� N� p o �— c" v "> �'o m " m " ad o m d m� a � m� 9 a Yf/1 2 iQ mm ❑Q 2Q (7 f/1 mf/1 Wf/1 2m JQ Wfn (/1 M EXISTING ACRES OFFICE -HIGH MIXED -USE ORA � G � WOO OAVENUE /\ OFFICE -HIGH r91291d=8011C10l U J Q U 2 �O ANAHEIM I ITY LIMITS ORANGE CITY LIMITS Q Q� Q �2 O , LAND USE ELEMENT General Plan Amendment No. 2004 -00420 Tracking No. GPA2005 -00432 Existing Figure 2 3.2 W V Q� ti 4 2 O e S Q O� 1770 TOWNE CENTRE PLACE EXHIBIT A ACRES MIXED -USE MIXED -USE ORA � G � WOO OAVENUE /\ A a a Is] men 1 Lein 1 MIXED -USE U J Q U 2 �O ANAHEIM I ITY LIMITS ORANGE CITY LIMITS Q Q� Q �2 O , LAND USE ELEMENT General Plan Amendment No. 2004 -00420 Tracking No. GPA2005 -00432 Exhibit A Figure 3 3.2 W V Q� ti 4 2 O e S Q O� 1770 TOWNE CENTRE PLACE ATTACHMENT NO. 3 AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN Draft Resolution DRAFT RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCILAMEND THE PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS CASE NO. 2004 - 00089) WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR -57 Freeway 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 SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in "Figure LU -5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, the adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, 2,044,300 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, the Platinum Triangle Master Land Use Plan provides for the implementation of the General Plan vision, goals and policies for The Platinum Triangle and serves as a blueprint for future development and street improvements within The Platinum Triangle, including setting forth planning principles, development intensities, conceptual street, park and potential new signalized intersection locations and streetscape designs including, but not limited to, landscaping, lighting fixtures and street furniture and identifying the existing Amtrak/Metrolink Station and the conceptual Anaheim Regional Transportation Intermodal Center (ARTIC) location; and WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No- 2004-00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to rescind in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004 - 00134; and, on June 13, 2005, initiated General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) (hereinafter collectively referred to as the 'Project Discretionary Actions "); and WHEREAS, Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan (hereinafter "PTMLUP ") is proposed to provide for the following changes to the PTMLUP: an adjustment to the boundaries of the mixed -use districts to include the North Net Fire Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center site); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage including a total of 190,100 square feet designated for future required ground floor commercial uses along Market Street and Gene Autry Way and 20,000 square feet designated for other commercial uses in the Katella District (in the area east of State College Boulevard); and, additional technical refinements and CR/PC2005- -1- PC2005- clarifications, including, but not limited to, refinements to street cross - sections and density descriptions to reflect the above -noted changes, which modifications are attached hereto marked Exhibit 1 to this Resolution, and which is incorporated herein by this reference as if set forth in full; and WHEREAS, on July 25, 2005, the Planning Commission, by Resolution No. PC2005 -105 recommended that City Council approve General Plan Amendment No. 2005 -00435 to amend the Land Use Element to modify "Table LU -4: General Plan Density Provisions for Specific Areas of the City" to increase the maximum overall commercial density for The Platinum Triangle Mixed -Use designation from 2,044,300 to 2,049,908 square feet representing a total increase of 5,608 square feet, which separate amendment is currently in process in connection with recommendations to the City Council of approval of Miscellaneous Case No. 2005 -00113 to amend The Platinum Triangle Master Land Use Plan, Zoning Code Amendment No. 2005 - 00044, Conditional Use Permit No. 2005 - 04967, Tentative Tract Map No. 16800 and Development Agreement No. 2005 -00004 to permit the development of the D.R. Horton project at 2100 E. Katella Avenue; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 22, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against said Discretionary Actions to investigate and make findings and recommendations in connection therewith; and, WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That, by Resolution No. , the Planning Commission has recommended that City Council approve General Plan Amendment No. 2004 -00420 to amend the Land Use and Circulation Elements pertaining to The Platinum Triangle. 2. That the proposed amendments to The Platinum Triangle Master Land Use Plan attached hereto marked Exhibit 1 to this Resolution are consistent with the vision, goals and policies for the development of The Platinum Triangle as set forth in the City of Anaheim General Plan, as proposed for amendment by General Plan Amendment No. 2004 - 00420. 3. That the proposed amendments to The Platinum Triangle Master Land Use Plan are consistent with the goals and intent set forth in The Platinum Triangle Master Land Use Plan. 4. That, in the event that the City Council approves Miscellaneous Case No. 2005 -00113 pertaining to an increase in commercial square footage for the Katella District, east of State College Boulevard, the proposed additional commercial square footage requested for this District pursuant to the subject Miscellaneous Case No. 2005 -00089 shall be reduced by 5,608 square feet so that the overall total of commercial square footage in the PTMU Overlay Zone shall not exceed 2,254,400 square feet. 5. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed Miscellaneous Case Nos. 2004 -00089 in connection with General Plan Amendment No. 2004 - 00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case Nos- 2005-00114 and 2005 -00115 and Reclassification No. 2004 -00134 and, by its Resolution No. , did find and recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project, certify FSEIR No. 332 and adopt a Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A, and determine that FSEIR No. 332 fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for the Project, including the Project Implementation Actions and Discretionary Actions, to the extent authorized by law- -2- PC2005- NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby recommend that the City Council amend the Platinum Triangle Master Land Use Plan as set forth in this Resolution. That this amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No- 20G4-00089) is granted, expressly conditioned upon adoption of General Plan Amendment No. 2004 - 00420. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 22, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of 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 August 22, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of ' 2005. SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2005- Appendix C -4: Table 1- Cross Section Changes Ultimate Curb to Curb Vehicle Figure Sidewalk Parkway Right of Way Width Travel Lanes Lane Widths* Median Street Designation Other Changed from 7' Changed Changed from Major (8 16 to 6' from 6' to 7' Lanes) to Stadium Smart Street 8 Lanes Parkway detail added and Changed Changed from Changed from Primary slope /retaining 17 Changed from 5' from 5'to 2- Changed from Changed from Changed from 13', 11', 11' (6 Lanes) to Stadium wall included to 5 -7' 4 , 106' to 144' 86' to 92' 35' to 38' to 14', 12', 12' Smart Street (6 Lanes) in ultimate right -of -way for proposed cross section. Changed from Changed from Changed from Major (8 18 Changed from 108 -118' to Changed from 13', 11', 11', Changed from Lanes) to Stadium 144' to 120' 94' 46' to 39' 1 F to 15', 12', 26' to 16' Smart Street (6 Lanes) Since the site sidewalk width is increasing the previously - Ch Changed from from approved 20 Changed from 5' Changed Changed from Changed from 12', from 2 /' -wide to 6' from 5'to 6' 100' to 96' 38' to 35' to 13', 11', 11' 24'to 26' walkway has been removed from the setback area in the proposed cross- section. Slope /retaining wall included Changed from Changed from Changed from Changed from Changed from Primary in ultimate 21 106' to 144' 86' to 100' 35' to 42' 13', 11', 11' (6 Lanes) to Major (6 public right - to 20', 11', 11' Lanes) Modified of -way for proposed cross section. Changed from Changed from Changed from Changed from Changed from Primary 22 106' to120' 86' to 100' 35' to 42' 13', 11', 11' (6 Lanes) to Major (6 t 20', 11 Lanes *These changes are proposed to reflect the City of Anaheim General Plan Circulation Element street designations. *Lane width dimensions are for street half-width, curb to median. Appendix C -4: Table 1- Cross Section Changes (Continued) Ultimate Curb to Curb Vehicle Figure Sidewalk Parkway Right of Way Width Travel Lanes Lane Widths* Median Street Designation Other 23 *See notes Changed from Changed from Changed from 7' Changed Changed from Changed from 8' (bike lane), painted Changed from Primary 24 to 5' from 6' to 106' to 120' 32' to 42' 13', 1 Fro 8' median to (4 Lanes) to 5' (bike lane), landscaped Primary (6 Lanes) 12', 11', 11' median Changed from Changed from 7' (bike lane), painted Changed from Major 25 13', 11', 11' median to Primary (6 Lanes) to 8' (bike landscaped to Primary (6 Lanes) lane), 12', 11', median 11' Changed from 7' Changed Changed from Changed from 26 to 5' from 6' to 8' 24' to 26' 13', 11' to 14', 12' Changed from 7' Changed Changed from Changed from Changed from Changed from 28 to 5' from 6' to 5' 64' to 70' 24' to 2T 13', 1 Fro 15', Secondary to 12' Secondary Modified Changed from T Changed Changed from Changed from Changed from 29 to 5' from 6' to 24' to 26' 13', 11' to14', 16'to 12' 8' 12' *These changes are proposed to reflect the City of Anaheim General Plan Circulation Element street designations. *Lane width dimensions are for street half-width, curb to median. *Figure 23 (Gene Autry Way) will be revised to increase the total right -of -way and setback area to provide for the Gene Autry "-°-ate right -of -way. The proposed right -of -way would include a total width of up to 4-74115 feet (to include up to €Yte three travel lanes in each direction and new landscaped medians-, and parkways e+id 4il-e faxes) with €eta -feet 9'6" of setback area on each side of the street for a total "public realm" width of up to 4-7S 134 feet). The Platinum Triangle Master Land Use Plan ..................................................................................................................................................... ............................... Au as - anon .� (Date Amendment Approved) 2 ..................................................................................................................................................................... ............................... The Platinum Triangle Master Land Use Plan ............................................................................................................................................................... ............................... . III ki__14 * & @1@]\k00 K 1.0 INTRODUCTION 7 1.1 General Plan Framework 104 1.1.1 Land Use Designations 104 1.2 Environmental Requirements 124 1.3 Existing Opportunities 124 2.0 THE PLATINUM TRIANGLE VISION 132 2.1 Planning Principles 134 2.1.1 Balance and Integrate Uses 13.2 2.1.2 Stimulate Market - Driven Development 13.2 2.1.3 Create a Unique, Integrated, Walkable Urban Environment 13-2 2.1.4 Develop an Overall Urban Design Framework 13-2 2.1.5 Reinforce Transit Oriented Development Opportunities 143 2.1.6 Maintain and Enhance Connectivity 143 2.1.7 Create Great Neighborhoods 143 2.1.8 Provide for Installation and Maintenance of Public Improvements 143 2.2 Urban Design Elements and Attributes 154 2.2.1 Build on a Connected Street Network with Appropriate Block Size 154 2.2.2 Provide Variation in Housing Type 154 2.2.3 Provide Parks and Recreational- Leisure Areas 176 2.2.4 Create a Street/Ground Floor Zone that is Attractive, Safe and Engaging 17& 2.2.5 Provide a Centerpiece Walking and Shopping District — The Market Street 18� 3.0 MIXED USE DISTRICT OVERVIEW 3.1 Development Intensities 3.2 Stadium District 3.3 Arena District 3.4 Katella District 3.5 Gene Autry District 3.6 Gateway District August oa - 2094 .,� ................................ —(Date Amendment Approved) ............................... 3 210 214 224 232 243 254 265 The Platinum Triangle Master Land Use Plan ................................................ ............................... Kill 01 1[ dV; F11 4di I1We1 ki I11*lf il:INVe1 0 1 111111:4gINe d:j :101LI :711 IT, K:1 4.1 Streetscape Elements 2825 4.1.1 Gateways 286 4.1.2 Public Art 28,6 4.1.3 Light Standards 27-29 4.1.4 Street Furniture 302-& 4.1.5 Signs 302-9 4.2 Landscape Concept Plan and Cross Sections 3125 4.2.1 Katella Avenue 3432 4.2.2 State College Boulevard 3896 4.2.3 Gene Autry Way 4344- 4.2.4 Orangewood Avenue 4543 4.2.5 Douglass Road (North of Katella Avenue) 4846 4.2.6 Anaheim Way 5048 4.2.7 Lewis Street 5299 4.2.8 Amtrak /Metrolink Line 5593 4.2.9 Secondary Streets: Howell Avenue, Sunkist Street and Cerritos Avenue57.5 4.2. 10 Market Street 5957- 4.2.11 Connector Streets 619 4.2.12 Intersections with Supplemental Lanes 63&4 APPENDICES The Platinum Triangle Mixed Use (PTMU) Overlay Zone The Platinum Triangle Standardized Development Agreement Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle 11.011[@] a fe1:1 M1 Table 1: Building Types Table 2: Development Intensities Appendix A Appendix B Appendix C 154 219 Ay pst 09 2994 —(Date Amendment Approved) ................................................................... ............................... The Platinum Triangle Master Land Use Plan 1 11'191010 a [Cluj N; &9 Figure 1: Location Map 7 Figure 2: Aerial Photo 99 Figure 3: General Plan Designations 119 Figure 4: The Platinum Triangle Urban Design Plan 2049 — Figure 5: Mixed -Use Districts 219 Figure 6: Stadium District Underlying Zoning and Location Map 224 Figure 7: Arena District Underlying Zoning and Location Map 23-2 Figure 8: Katella District Underlying Zoning and Location Map 249 Figure 9: Gene Autry District Underlying Zoning and Location Map 254 Figure 10: Gateway District Underlying Zoning and Location Map 269 Figure 11: Anaheim Resort Light Standard 292 Figure 12: Acorn Light Standard 2927 Figure 13: Citywide Standard Bus Bench 302-9 Figure 14: Landscape Concept Plan 3299 Figure 15: Cross Section Map 3334 Figure 16: Katella Avenue - Santa Ana Freeway to East of State College Boulevard (Stadium Entrance`Ares of St Colle BeulevaFd 3533 Figure 17: Katella Avenue - Highway of National Significance, East of State College Boulevard (Stadium Entrance) to Orange Freeway'AmtFal Me+ron„L J 364 Figure 18: Katella Avenue - Orange Freeway to East City Limits 379 Figure 19: State College Boulevard - South City Limits to Gene Autry Way'c,,,, +h of �+r„ � "� 39-7- Figure 20: State College Boulevard - Gene Autry Way to Katella Avenue'"'^'" of C_e„e Way4 4033 Figure 21: State College Boulevard - Katella Avenue to 500' North of Howell Avenue(Am +mL4ne +ron.,L i Rder..roe°iR 4 413$ Figure 22: State College Boulevard (Nei# of Am +rroL /11AeMnlinL i lRdPFomccinn) - 500' North of Howell Avenue to Cerritos Avenue 429 Figure 23: Gene Autry Way - Betmor Lane to State College Boulevard 4442 Figure 24: Orangewood Avenue - Santa Ana Freeway to State College Boulevard 464 Figure 25: Orangewood Avenue - State College Boulevard to East City Limit (Ea e f 9t 476 August oa - 2094 .,� —(Date men men pprove The Platinum Triangle Master Land Use Plan ............................................................................................................................................................... ............................... Figure 26: Douglass Road (IS of Katella AveR61e) 49� Figure 27: Anaheim Way 5149 Figure 28: Lewis Street - Gene Autry Way to Katella Avenue(99 i th of ne„e A tp � 53ar4 Figure 29: Lewis Street - Katella Avenue to Cerritos Avenup(NG14h Of r_e„e A6 14Y Way 54� Figure 30: Amtrak/Metrolink Right of Way 564 Figure 31: Secondary Streets (Howell Avenue, Sunkist Street and Cerritos Avenue) 58ra Figure 32: Conceptual Market Street 6059 Figure 33: Conceptual Connector Street 629 n� gus oa - 20N .� (Date Amendment Approved) 6 ..................................................................................................................................................................... ............................... The Platinum Triangle Master Land Use Plan .......................................... ............................... I ................... 1.0 INTRODUCTION The Platinum Triangle Master Land Use Plan envisions an exciting future for the area surrounding th,Angel Stadium of Anaheim and Arrowhead Pond of Anaheim. This plan provides for mixed -use development to create a dynamic mix of uses and upscale, high-density urban housing integrated by a carefully planned network of pedestrian walkways, streetscape improvements and recreation spaces — that will create an urban environment of a scale never before seen in Orange County. Located in the City of Anaheim, at the confluence of the I -5 and SR -57 Freeways, the 820 -acre Platinum Triangle is traversed by a major intercity /commuter railroad line, encompasses Angel Stadium of Anaheim and the Arrowhead Pond of Anaheim, and has tremendous visibility (see Figures 1 and 2). On May 25, 2004, the Anaheim City Council approved a comprehensive citywide General Plan Update which included new land use designations to implement the vision for The Platinum Triangle. The General Plan Update changed the General Plan designations within the area from Commercial Recreation and Business Office /Mixed Use/Industrial to Mixed -Use, Office High, Office Low, Industrial, Open Space and Institutional (see Figure 3) to provide opportunities for existing uses to transition to mixed -use, residential, office and commercial uses. The General Plan Update also established the maximum development intensity for The Platinum Triangle to be 9,175 dwelling units, 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0. On , 2005, the Anaheim City Council approved General Plan Amendment No. 2004 - 00420, which added an additional 325 dwelling units and 210,100 square feet of additional commercial square footage to the maximum development intensity for The Platinum Triangle. n� - anon .�— a e men men pprove ................................ ............................... Figure 1: Location Map ............................... ............................... a a � H x I ANAI�fM V� I J Ball Rd — 1 �m An.head Pond ORANGE CallfomFe Adventum r >� of Anaheim r—'The K lei la Ave _ f Platinum /..ge I Anaheim a mum Triangle � ICOnvOnrlan Center �.•,• All r °z / 1 o�aa I a AJ � a Crvaunan n.e a 41- 1' GARDEN GROVE' LT I SAN7AANA • -- n� - anon .�— a e men men pprove ................................ ............................... Figure 1: Location Map ............................... ............................... The Platinum Triangle Master Land Use Plan The Platinum Triangle Master Land Use Plan serves as the blueprint for public improvements within The Platinum Triangle including conceptual park locations, a proposed street network and streetscape design. Private development will be regulated through The Platinum Triangle Mixed Use (PTMU) Overlay Zone (hereinafter referred to as "PTMU Overlay Zone ") and The Platinum Triangle Standardized Development Agreement (see Appendices A and B). A previous planning study, Anaheim Stadium Area Master Land Use Plan, provided a plan for office, sports, entertainment and retail uses around a sports entertainment destination known as Sportstown. The Platinum Triangle Master Land Use Plan replaces and supersedes the Anaheim Stadium Area Master Land Use Plan. The PTMU Overlay Zone replaces and supersedes the (SE) (Sports Entertainment Overlay) Zone, which was the implementing zone for the Anaheim Stadium Area Master Land Use Plan. However, unlike the (SE) Overlay Zone, the PTMU Overlay Zone does not apply to all of the properties within The Platinum Triangle Master Land Use Plan. The PTMU Overlay Zone only applies to properties designated by the General Plan for Mixed -Use. In addition, to utilizing the PTMU Overlay Zone, these properties will continue to be able to develop using their underlying zones, which vary from I (Industrial), O -L (Low Intensity Office), PR (Public Recreational), T (Transitional) to CG (General Commercial). The underlying zones for properties within the area designated for Mixed -Use by the General Plan are shown on Figures 6 -10. Properties within The Platinum Triangle that are not designated for Mixed -Use by the General Plan are designated for Office High, Office Low, Open Space, Industrial and Institutional uses. The respective implementing zones are O -H (High Intensity Office), O -L (Low Intensity Office), I (Industrial), OS (Open Space) and SP (Semi- Public). Au as - anon .� (Date Amendment Approved) 8 The Platinum Triangle Master Land Use Plan ................................................................................................................................................................ ............................... A� - anon .� (Date Amendment Approved) 9 ..................................................................................................................................................................... ............................... The Platinum Triangle Master Land Use Plan 1.1 General Plan Framework As mentioned previously, the General Plan provides the overall vision for The Platinum Triangle. Goal 15.1 of the General Plan's Land Use Element envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades. This goal is implemented through the following policies: • Continue more detailed planning efforts to guide the future development of The Platinum Triangle. • Encourage a regional inter -modal transportation hub in proximity to Angel Stadium of Anaheim. • Encourage mixed -use projects integrating retail, office and higher density residential land uses. • Maximize and capitalize upon the view corridor from the Santa Ana (I -5) and Orange (SR -57) Freeways. • Maximize views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River. The Community Design Element provides further policies related to development within The Platinum Triangle: • Develop comprehensive, Mixed -Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle. • Provide a mix of quality, high - density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access. • Develop a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping. • Develop a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground -floor retail, and street -level landscaping. • Encourage extensive office development along the highly visible periphery of the area to provide a quality employment center. • Develop criteria for comprehensive property management agreements for multiple - family residential projects to ensure proper maintenance as the area develops. • Identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees. 1.1.1 Land Use Designations The General Plan Update de now provides several land use designations for The Platinum Triangle (see Figure 3). Below is a description of these uses. Mixed -Use Located in the heart of The Platinum Triangle, the area designated for Mixed -Use allows office, retail and residential uses to occur in close proximity or within the same building. An eclectic mix of land uses, building types and walkable streets will provide an exciting new live /work environment. The maximum density for The Platinum Triangle Mixed -Use designation is 947-5L 5.00 dwelling units, 3,265,000 square feet of office uses and '',^ &2,254,400 square feet of commercial uses. The designation will be implemented through the PTMU Overlay Zone which will provide for quality neighborhoods and building design through carefully created zoning regulations. The PTMU Overlay Zone allows existing underlying zoning to remain in place. Property owners may either develop or continue operating under the existing zoning designation or, if they choose, they could take advantage of the opportunities to develop under the requirements of the PTMU Overlay Zone. Auguste - ( Date Amendment Approved) 10 The Platinum Triangle Master Land Use Plan Office High and Office Low Located along the freeways and the periphery of The Platinum Triangle, the high and low density office areas will be implemented through the O -H (Office High) and O -L (Office Low) Zones and will provide new workplace opportunities within easy access to a variety of housing, retail, entertainment and sports facilities within the Mixed -Use areas. The maximum amount of allowable office square footage in these office high and low designations is 1,735,000 square feet. Industrial At the northern periphery of The Platinum Triangle there are industrial uses, which will continue to provide needed jobs for the area. Industrial uses may have a FAR ranging from 0.35 to 0.50. The implementing zone for these uses is the I (Industrial) Zone. — Open Space W+++• Railroad Open Space The Open Space designation includes those areas intended to remain in natural open space including utility easements that will provide recreational and trail access to Anaheim's residents. The implementing zone is the OS (Open Space) Zone. Institutional The Institutional designation covers a wide variety of public and quasi - public land uses and is applied to existing public facilities. Institutional uses may have a FAR of 3.0. The implementing zone is the SP (Semi - Public) Zone. . 1w A- ust- 2 0(Date Amendment Approved) 11 ..................................................................... ............................... The Platinum Triangle Master Land Use Plan ............................................................................................................................ ............................... . Figure 3: General Plan Designations Auguste - ( Date Amendment Approved) 12 ..................................................................................................................................................................... ............................... The Platinum Triangle Master Land Use Plan .............................................................. ............................... 1.2 Environmental Requirements An Environmental Impact Report (EIR) for the General Plan Update (EIR No. 330), which included an analysis of the maximum development intensity for The Platinum Triangle, was prepared in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. FIR No. 330 identified impacts associated with the General Plan Update Program, including the intensity and types of land uses set forth in the General Plan for The Platinum Triangle and recommended mitigation measures to lessen these impacts this desumeHj. Since EIR No. 330 was a general plan level of environmental analysis, itnpeevgt wff6 a subsequent FIR was prepared for The Platinum Triangle (FIR No. 332) to further analyze environmental impacts related to the implementation of The Platinum Triangle Master Land Use Plan and other associated actions. This FIR modified and updated the mitigation measures from FIR No. 330 (see Appendix C — Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Trian le ). 1.3 Existing Opportunities A number of factors are creating an impetus for The Platinum Triangle to transition from a low density industrial area to an urban, mixed use center including: • A strong residential market demand combined with a lack of available land in the region for new housing; • An existing stock of aging, low density industrial buildings; and, • A key location at the confluence of three freeways. Two other factors provide an unusual dimension to the ultimate character of the district. First is the opportunity for entertainment related development associated with Angel Stadium of Anaheim, the Arrowhead Pond of Anaheim and The Grove of Anaheim. Previous planning studies have explored how the stadium can provide an anchor for sports and entertainment related food, shopping and other experiential commercial uses. Second is the existing and future transit opportunities. The Anaheim Regional Transportation Intermodal Center (ARTIC) is proposed to provide enhanced access to existing bus, Amtrak and Metrolink services as well as a link to both the proposed California High Speed Rail system and the California/Nevada maglev rail line. The proposed location incorporates the existing Amtrak/Metrolink station and parking lot, and property adjacent to Douglas Road, south of Katella Avenue. While this station is still in the planning stages, it could provide the engine for a major high density Transit Oriented Development that could be a model for Smart Growth. A- ust- 2 0(Date Amendment Approved) 13 2.0 THE PLATINUM TRIANGLE VISION As discussed under the General Plan Framework, The Platinum Triangle Master Land Use Plan envisions an exciting future for the area surrounding Angel Stadium of Anaheim, Arrowhead Pond of Anaheim and The Grove of Anaheim. 2.1 Planning Principles In order to further implement the General Plan polices and establish a framework for the implementation of The Platinum Triangle Vision, several planning principles have been established: 2.1.1 Balance and Integrate Uses In order to maximize long -term property value, The Platinum Triangle will not only provide new development opportunities for office, residential and sports /entertainment and allow existing industrial uses to continue, but link the various uses together with walkable streets, open space and consistent landscape. Regardless of market strengths for any one use at a given time, the opportunity and value for all uses will be enhanced by a supportive, integrated and multi -use district approach. 2.1.2 Stimulate Market - Driven Development The Master Land Use Plan is intended to facilitate and encourage new development within The Platinum Triangle and capture the strong residential market demand within the region. The PTMU Overlay Zone is intended to guide, not inhibit, current market forces. Development scenarios are encouraged that will lead to strong economic return and added value to the community and quality of housing stock. The growth of housing in The Platinum Triangle will also stimulate high quality office development since few locations within the region provide for both adjacent housing and local services. Platinum Triangle Master Land Use Plan 2.1.3 Create a Unique, Integrated, Walkable Urban Environment To achieve the potential of The Platinum Triangle in both quality of life and land value, a vibrant, walkable urban environment is required. Comfortable walking environments between jobs, housing and local services that reduce the need to drive and attractive buildings and integrated open space are attributes that require guidance and facilitation. It will be essential that each new project make a contribution toward this new urban quality and character. 2.1.4 Develop an Overall Urban Design Framework Ground floor retail, urban parks and street landscape treatments will be most effective if combined into a larger planning vision. These elements, along with new street locations, density concentrations and pedestrian linkages are part of The Platinum Triangle Urban Design Plan (see Figure 4). It is also important to link employment and housing so that each supports and facilitates the other. Auguste - ( Date Amendment Approved) 14 Platinum Triangle Master Land Use Plan ............................................................................................................................................................... ............................... 2.1.5 Reinforce Transit Oriented Development Opportunities The Master Land Use Plan and PTMU Overlay Zone provide opportunities for Transit Oriented Development in close proximity to existing and future rail and bus transportation facilities. Entertainment, retail, high density housing and office are envisioned as potential uses for this emerging new regional activity and mixed use center, situated near the existing Amtrak/Metrohnk, the proposed ARTIC stations, The Grove of Anaheim and Angel Stadium of Anaheim. A loop road connecting Gene Autry Way with Douglass Road could also be provided to facilitate linkages in this area. 2.1.6 Maintain and Enhance Connectivity The linkage between The Anaheim Resort and The Platinum Triangle will be enhanced, connecting the jewels of the City including the Angel Stadium of Anaheim, the Arrowhead Pond of Anaheim, the Anaheim Convention Center and The Disneyland Resort. On a more local level, emerging neighborhoods will be connected by a newly expanded functional and convenient street network creating a finer - grained network of streets and pedestrian ways. The system will allow high capacity event -based networks to work in conjunction with an everyday, pedestrian- friendly local circulation system. 2.1.7 Create Great Neighborhoods A major goal of the Master Land Use Plan is to create long lasting neighborhoods that maintain their value and socio- economic vitality. Therefore, the plan provides a fundamentally strong and appropriately scaled framework of blocks, streets, open space and services. Only by providing these essentials can a really rich, sustainable urbanity be achieved. 2.1.8 Provide for Installation and Maintenance of Public Improvements Financial Mechanisms (such as a potential Assessment District) will be established to provide for an equitable contribution towards installation and long term maintenance of infrastructure, street trees, sidewalks, and parks. August' -°" (Date Amendment Approved) 15 Platinum Triangle Master Land Use Plan 2.2 Urban Design Elements and Attributes The Platinum Triangle Urban Design Plan (Figure 4) identifies key physical elements and attributes which are summarized in this section and, where noted, have been incorporated into zoning code standards. These elements and attributes are intended to ensure the development of high quality, sustainable neighborhoods and mixes of uses which will achieve and maintain the highest economic value over the long -term. Sustainability, when applied to neighborhood and district development, means that as economic and market values shift over the coming decades, the inherent visual quality, level of maintenance, and economic value of the building stock and public spaces are maintained or increased along with the region. 2.2.1 Build on a Connected Street Network with Appropriate Block Size The existing street pattern within The Platinum Triangle lacks a connected local street network. The addition of several carefully located street segments will assist in achieving better traffic distribution, alternative trip routing and smaller sized blocks. This system can provide access to the interior of the existing large industrial parcels so that a mix of moderately scaled residential and office blocks can be developed. This network also provides improved emergency access, refuse pick -up, access to parking areas and a more pedestrian friendly access system to local services, workplaces and transit. This finer grain street pattern will encourage a greater diversity in housing type by reducing the size of projects and making it easier to mix housing types within a single large ownership. The smaller blocks create a more walkable pedestrian network by providing various routings to a variety of destinations. The conceptual location of these connector streets is shown on Figure 4. Dedication and improvement of these streets will be required pursuant to The Platinum Triangle Standardized Development Agreement (see Appendix B) which would be entered into between the property owner and the City of Anaheim for properties that choose to develop utilizing the PTMU Overlay Zone. When a street width is located on more than one property, the first development will be required to provide all improvements adjacent to their project (i.e., sidewalks, parkways, bike lanes, and parking as indicated in the Public Realm Landscape and Identity Program in Section 4.0 of this document) and two vehicle travel lanes. The property owner /developer may request creation of a reimbursement agreement or other mechanism to provide for the reimbursement for the second travel lane at such time as the adjacent property develops. 2.2.2 Provide Variation in Housing Type Variety in housing and building types not only provides stability in times of market transition but allows a healthy mix of ownership /rental opportunities and household types. It is especially important for The Platinum Triangle to have a balance of for -sale and rental housing, if the districts are to maintain strong economic values. Ideally, four attached building types should be encouraged as shown in Table 1 and further explained in the descriptions that follow. Building Type Table 1: Building Types OL Unit Type Tuck -under Townhomes Flats Wrapped Flats deck Podium Townhomes Flats/Townhomes Flats A444eeHioh- Flats rise tower Typical Ownership For sale Rental Rental For sale For sale Rental For sale Density Range Units /Acre 16 -24 18-30 45 -80 16 -32 36£5 48 -100 65 -100 A ugus3, 2004— to Amendment Approved) 16 Platinum Triangle Master Land Use Plan Tuck -under buildings Tuck -under buildings have parking garages located under the living unit and are accessed by surface driveways. Wrapped deck buildings Wrapped deck buildings are buildings that surround, or wrap around, a free- standing (not subterranean) Podium buildings Podium buildings have dwelling units located above a subterranean parking structure. Awgus� - (Date Amendment Approved) 17 AEd r High - rise tower buildings A h�igh -rise tower is a building with a height over fifty -five (55) feet. Although market conditions will largely dictate which building types may or may not be feasible, if a residential development of more than 400 units is proposed on a parcel of five acres or greater, then more than one building type is required to achieve a healthy diversity and mix (i.e. one building could be a tuck -under building type and another a wrapped deck type). The building types proposed to meet this requirement must vary by at least two (2) stories in height. This criteria encourages projects of a size and scale that are not overwhelming and provides a rich mix of block, building and unit configurations. Height and coverage criteria will also guide projects toward variations in density and open space. A mix of parking solutions is also encouraged by providing incentives (tandem and valet parking) for subterranean parking so that higher density podium, and ^in�� high -rise tower projects can be achieved. parking structure. Platinum Triangle Master Land Use Plan ............................................................................................................................. ............................... Auguste - ( Date Amendment Approved) 18 ..................................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan .............................................................. ............................... 2.2.3 Provide Parks and Recreational - Leisure Areas Higher density neighborhoods need parks and open space to offset building height and coverage and provide space for informal leisure activities. Well- crafted and programmed public space also encourages people gathering, neighborhood events and community engagement. Development on parcels larger than eight acres will be required to provide a mini park based on the number of dwelling units developed on the parcel. These parks will be programmed with flexible use turf areas, picnicking, child play areas and seating. In addition, every development will be required to provide two hundred square feet of recreational- leisure area for each dwelling unit within private and/or common areas. 2.2.4 Create a Street /Ground Floor Zone that is Attractive, Safe and Engaging Great urban neighborhoods have attractive, safe and interesting streets that are enjoyable to experience as both a pedestrian and driver. Such streets require ground floor architectural treatments, consistent setbacks, landscape and sufficient interaction with the adjacent uses, so that an "eyes on the street' sense of natural security is achieved. On the arterial streets this will be achieved through landscape, street trees, entries, patios and attractive architecture. On the connector streets, individual dwelling entries and stoops will additionally activate the pedestrian zone. Setbacks have been established that provide a balance between full utilization of the site for development and creating sufficient room for landscape. The setbacks are the narrowest on the connector streets with lower The General Plan and The Platinum Triangle Urban Awgus� - (Date Amendment Approved) 19 traffic volumes and the desire for a more intimate, human -scale street space. The major intersections within The Platinum Triangle will be framed by landmark architecture that addresses the intersections and lets visitors know they have arrived at a major destination. Design Plan (Figure 4) also identify a larger active neighborhood sports park in the vicinity of the southwestern portion of The Platinum Triangle to meet organized field sport needs. Platinum Triangle Master Land Use Plan Ground floor commercial uses will also activate the Larchmont Boulevard ® 44 pedestrian zone. To insure that retail and other support commercial uses occur in locations supportive of the overall framework plan, their location will only be required adjacent to Market Street and along Gene Autry Way, east of Market Street (see 2.2.5); however they may be located anywhere within the PTMU Overlay Zone. If the square footage of commercial exceeds the amount analyzed for that district by FIR No. 3329, further environmental review will be required. 2.2.5 Provide a Centerpiece Walking and Shopping District — The Market Street A key feature of the plan is to create anew, animated walking street, Market Street, which allows convenient access to local services and links together neighborhoods and districts as shown in Figure 4. This Market Street will create the backbone for a dynamic urban district by promoting mixed use and the opportunity for residents and workers to be less dependent on the automobile. Many notable and high value urban neighborhoods have as their centerpiece a great local walking and shopping street. These walkable streets are small -scale and provided convenient shopping, cafes and professional offices. Union Street in San Francisco, Larchmont Boulevard in Los Angeles, Gaylord Street in Denver and 0 Street in Berkley are good examples of small scale active local streets. Although their scale and character may vary, these streets provide a backbone public space and place for residents to gather, people- watch, and meet daily needs with less dependence on the car. Market Street will be a two lane street with parking on both sides that will provide for continuous commercial uses on the ground floor. Wide sidewalks, street trees, benches, thematic street lights and opportunities for sidewalk cafes and urban parks will make this street an "outdoor living room" and the gathering place for the local residents, as well as draw shoppers and diners from nearby employment areas. Although interior to the existing "superblocks," Market Street will intersect Katella Avenue and Gene Autry Way, creating retail exposure and encouraging access from surrounding neighborhoods. Augus3 - ( Date Amendment Approved) 20 Gaylord Street Platinum Triangle Master Land Use Plan .......................................... ............................... I ................... Ground Floor Commercial Uses are required on Market Street and along Gene Autry Way, east of Market Street. Ground Floor Commercial Uses along Gene Autry Way will provide an important link between Market Street and the Stadium District. The PTMU Overlay Zone provides a list of retail and non- retail uses which meet this Ground Floor Commercial use requirement. Non - retail uses include local service commercial, multi -tenant office, community facilities, fitness, leasing offices or child care. It is anticipated that initially there may be more non - retail uses until such time as sufficient residential units are built to support retail uses. ,.,.......efei.a us @s will a­@ a minimum dopth of 30 feot as Provided f,4r in the It is also envisioned that larger retail services uses such as a grocery stores, drug stores, larger restaurants and entertainment uses will locate along Katella Avenue or Gene Autry Way where they share frontage and provide gateways to Market Street or along Gene Autry Way as it connects Market Street to Angel Stadium of Anaheim. Awgus� - (Date Amendment Approved) 21 ................................................................. ............................... Platinum Triangle Master Land Use Plan ............................................................................................................ ............................... I.. I ..... I ....... YH C7 CIL- I Q E � n Legend 1 +11� The Platinum Triangle Boundary 0 Mixed -Use General Plan Designation r ■ ■ ■ ■ Conceptual Connector Streets Conceptual Market Streets (Required Ground Floor Commercial) Required Ground Floor Commercial 0 Potential Signalized Intersection Conceptual Mini Park Location Conceptual Neighborhood Park Location Existing Amtrak(Metrolink Station Location Conceptual ARTIC Station Location Landmark Architecture mi r A� taa .� - anon ................................................... (Date Amendment Approved) ............................... 1 q ` � 3 0 750 1500 3000 22 ................ Platinum Triangle Master Land Use Plan ..................................................................................................................................................... ............................... Figure 4: The Platinum Triangle Urban Design Plan August 20, 2 Date Amendment Approved) 23 ..................................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan 3.0 MIXED USE DISTRICT OVERVIEW Several distinct mixed -use districts have been identified within the portion of The Platinum Triangle designated for mixed -use (see Figure 5) to create greater neighborhood identity and take advantage of site opportunities. These districts are identified in The Master Land Use Plan and in the PTMU Overlay Zone. 3.1 Development Intensities The total maximum development for The Platinum Triangle mixed use designation is X5- 500 residential dwelling units, 3,265,000 square feet of office development, and - 2 ,nn= 4,300 2 254,400 square feet of commercial development. Table 2 indicates the maximum permitted mixed -use development intensity established for each district. Auguste -2094— Date Amendment Approved) 24 This maximum intensity is based on planning and infrastructure considerations analyzed byi* FIR Nos. 330 and 332 such as traffic capacity, access and availability of infrastructure and proximity to destination areas. The existing square footage may be demolished and replaced with new construction as long as the total square footage does not exceed the maximum assigned to each district. If development intensities are proposed to exceed those analyzed by FIR No. 3329, further environmental analysis and potentially an amendment to the density identified in the General Plan for The Platinum Triangle will be required. Table 2: Development Intensities District Housing Units Office Commercial Square Square Feet Feet Stadium 1,750 1,760,000 1,300,000 Arena 425 100,000 100,000 Katella 4,250 775,000 544200630300 Gene Autry 1,000 100,000 54,904174100 Gateway' 4 075 530,000 50,000 `The Gateway District encompasses Sub Areas A,-aa4 B and C see Section 3.6 - Gatewav District: 321 housina units are soecifically designated for Sub -Area C [ #21 Figure 5: Mixed Use Districts Platinum Triangle Master Land Use Plan .............................................................. ............................... 3.2 Stadium District The underlying zone for the Stadium District is the PR, (Public Recreation) Zone which regulates City - owned properties and facilities. The PTMU Overlay Zone sets forth a maximum density of 1,750 dwelling units, 1,760,000 square feet of office uses and 1,300,000 square feet of commercial uses for this District, but does not set forth any new zoning standards for this area. In addition, a potential new stadium and 150,000 square foot exhibition center were analyzed in EIR Nos. 330 and 332 The design for this district will be determined at a later date. Within this District there is the potential for the emergence of another major hub for Anaheim. The existing Amtrak/Metrohnk station and the proposed Anaheim Regional Intermodal Center (ARTIC) station provide the impetus for major Transit Oriented Development. If properly integrated with the Angel Stadium of Anaheim and the Arrowhead Pond of Development principles include: • Create a sustainable balance between everyday land uses /services and more intermittent special event activity. • Separate major event circulation and parking from existing and future rail and bus facilities, office, retail and residential uses. • Provide an internal, pedestrian -scale "promenade" street that allows walkable access to the transit stations and links the transit oriented development to the adjacent districts. • Balance regional transit access and mixed use place - making to allow the maximum number of workers and residents to be within a five minute walking distance from the stations. • Provide attractive urban streets lined with active ground floor uses and a scale of street width and building placement that creates security, a comfortable human scale and energizes ground floor retail and entertainment uses. Anaheim, development in this area could lead to a highly sustainable mix of high energy uses, 18- hour /365 -day activity and provide additional housing in the city. Parallel experiences in other parts of the country, such as Denver, Washington D.C., Dallas and Atlanta suggest that the true long -term potential for a site with transit stations of this size could generate a high density, transit- oriented, mixed -use hub unparalleled in this part of the country. As market trends combine with transit oriented development goals, the concept of a high -rise, mixed -use, urban village, complimented by sports and entertainment would allow thousands of residents and workers to meet daily needs with minimal auto use, vehicle miles traveled and the resulting congestion and air quality issues. • Encourage a full compliment of uses including corporate office, for sale residential, rental residential, local professional office, local support retail and community services to create activity 365 days a year. 14f 1 NTs Figure 6: Stadium District Underlying Zoning and Location Map Awgus� - (Date Amendment Approved) 25 Platinum Triangle Master Land Use Plan ............................ ............................... I ..... I ....... 3.3 Arena District The underlying zones for the Arena District are PR (Public Recreation), which regulates City -owned properties and facilities including Arrowhead Pond of Anaheim, and T (Transition). The PTMU Overlay Zone sets forth a maximum density of 425 dwelling units, 100,000 square feet of office and 100,000 square feet of commercial uses for this district but does not set forth any new zoning standards for this area. The design for this area will be determined at a later date. The Arena District has high visibility from the 57 Freeway. This District will also be affected by the future ARTIC station and will be particularly attractive to restaurants, retail and office uses. A landscape promenade is provided along Douglass Road to link to the Stadium District. Development principles include: • Create a balance between everyday land uses/ services and more intermittent special event activity. • Provide a connection with the existing and future transit stations in the Stadium District through Douglass Road. • Provide landmark architecture that addresses the intersection of Katella Avenue /Douglass Road. A regional bicycle path is adjacent to this District and is proposed to connect to the Amtrak/Metrohnk and the future ARTIC stations. August 2 (Date Amendment Approved) 26 .................................................................. ............................... I t NTS Figure 7: Arena District Underlying Zoning and Location Map Platinum Triangle Master Land Use Plan ...................................................................................................................................................... ............................... KEM►MMIFIRIaR •�� The underlying zones for the Katella District are I (Industrial), O -L (Office -Low) and CG (General Commercial). The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing and fabrication. The O -L Zone provides for a variety of low- intensity office uses that are typically three stories or less in height. The CG Zone allows a variety of commercial uses. This district includes properties adjacent to Katella Avenue, a regional Smart Street which links The Platinum Triangle to The Anaheim Resort. In addition, Katella Avenue provides access tote Angel Stadium of Anaheim, The Grove of Anaheim,4he Arrowhead Pond of Anaheim and the existing Amtrak/Metrolink and proposed ARTIC stations. These circumstances support a "Grand Avenue" concept, expressed by a bold palm grove landscape statement, which will provide a majestic entrance to the City to the east and link The Platinum Triangle to The Anaheim Resort to the west. Additionally, Market Street will provide a vibrant, pedestrian oriented connection between the Katella District and the Gene Autry District. To maintain views of Angel Stadium of Anaheim from the I -5 freeway, reduced building heights are required adjacent to Gene Autry Way (see Gene Autry District for more information). Development principles include: • Implement the double palm tree grove along Katella Avenue (see the Public Realm Landscape and Identity Program in Section 4.0 of this document) and provide setbacks sufficient for implementation. • Allow a variety of landscape and hardscape treatments where ground floor commercial and residential uses transition to the street parkway, including shop fronts, outdoor dining and planters. • Introduce connector streets that provide access into the deep parcels located along Katella Avenue. These walkable, residential-lined streets are important in achieving sustainable neighborhoods. Such streets may be implemented incrementally as adjacent parcels develop. • Provide additional public open space in the form of mini parks within larger parcels. • Provide landmark architecture that addresses the intersections of Katella Avenue /State College Avenue and Katella Avenue /Sportstown. • Provide ground floor commercial uses and attractive pedestrian walkways along Market Street. • Building heights step back from Gene Autry Way to allow a view corridor from the I -5 freeway to the Angel Stadium of Anaheim. ^°° „ sty- °"(DateAmentlmentApprovetl) 27 ® Nis Figure 8: Katella District Underlying Zoning and Location Map Platinum Triangle Master Land Use Plan ............................ ............................... I ............. 3.5 Gene Autry District The underlying zone for the Gene Autry District is the I (Industrial) Zone. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing and fabrication. Development principles include: • Building heights step back from Gene Autry Way to allow a view corridor from the I -5 freeway to Angel Stadium of Anaheim. • Provide ground floor commercial uses and attractive pedestrian walkways along Market Street. With Market Street as a primary feature, the Gene Autry District provides the opportunity for a sophisticated mixed use neighborhood that provides both for -sale and rental housing types. At completion this could create one of the most animated and desirable urban neighborhoods in the County. Market Street traverses the heart of this district intersecting with Gene Autry Way. While small local retail shops, restaurants and professional services are required on Market Street, they are also envisioned to extend along Gene Autry Way to State College Boulevard. The need for local services in this district is important to allow the choice for a more pedestrian, less auto - oriented lifestyle. To maintain views of Angel Stadium of Anaheim from the I -5 freeway, building heights are reduced to 55 feet within 300 feet of Gene Autry Way and 75 feet within 300 to 600 feet of Gene Autry Way. Connector streets and mini parks are also proposed. These additions not only provide better access to the deep parcels but provide a system of walking streets and open spaces that allow the goal of providing walkable neighborhoods to be realized. • Implement a street tree program that alternates palm trees and lower level canopy trees. • Provide additional public open space in the form of mini parks within larger parcels. • Investigate, as the opportunity presents, the implementation of a neighborhood park west of this district to accommodate sports and other active park needs. • Provide landmark architecture that addresses the intersection of State College Avenue /Gene Autry Way. i. I If rT Katetla Avenue '1 I I Auguste - ( Date Amendment Approved) 28 it NTS Figure 9: Gene Autry District Underlying Zoning and Location Map Platinum Triangle Master Land Use Plan 3.6 Gateway District The underlying zones for the Gateway District are the I (Industrial) PR (Public Recreational) and O -L (Low Intensity Office) Zones. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing and fabrication. The PR Zone regulates City -owned properties and facilities. The O -L Zone provides for a variety of low - intensity office uses that are typically three stories or less in height. Aptly named, this district provides the entry experience into both the city and The Platinum Triangle from the south and west. The Gateway District is divided into Sub Areas A,-aFd B, and C, in order to provide for the development of Sub Area B pursuant to Conditional Use Permit No. 2003 -04763 and to designate 321 housing units within the Gateway District for development of Sub Area C Development Principles include: • Implement the palm tree and canopy tree plantings along Orangewood Avenue and State College Boulevard. • Provide landmark architecture that addresses the intersection of State College /Orangewood Avenue. • Provide bike lanes along Orangewood Avenue and connector streets to provide an important link to the Santa Ana River regional trail system. [ #31 Figure 10: Gateway District Underlying Zoning and Location Map Awgus� - (Date Amendment Approved) 29 ................................................................. ............................... = Sub Area A = Sub Area B = Sub Area C Platinum Triangle Master Land Use Plan 4.0 PUBLIC REALM LANDSCAPE AND IDENTITY PROGRAM Streetscape elements, including gateways, public art, light fixtures, street furniture and signs, will be coordinated with a Landscape Concept Plan unique to The Platinum Triangle, to establish and reflect The Platinum Triangle's distinctive image and character. The Public Realm Landscape and Identity Program will: • Establish a visual identity with a hierarchy of identity elements which reinforces the land use, circulation, open space and landscape systems of the Master Land Use Plan. • Celebrate the unique combination of a cosmopolitan urban area with sports and entertainrnent imagery. • Reinforce linkages to The Anaheim Resort. 4.1 Streetscape Elements Streetscape elements will unify and identify The Platinum Triangle and provide directions for visitors to the area. Streetscape elements include gateways, public art, light fixtures, street furniture and signs. Individual projects within The Platinum Triangle may have their own individual project identity within their project boundaries, but the character of the streetscape elements within the public right -of -way will be consistent throughout The Platinum Triangle. 4.1.1 Gateways Gateways will set the scale and image of The Platinum Triangle for visitors as they pass by, identify and enter the area. It is anticipated that these gateways will be located on or in close proximity to the Stadium District. The design of the gateways will be determined at a later date when the Stadium District is developed. In order to effectively create the proper sense of arrival, these gateways should achieve the following: • Provide a scale that contrasts with the surrounding features. • Reflect the design character of the area and incorporate sports and entertainment related imagery. • Provide a lasting visual impression. • Express a variety of imagery through layering of Gateways. • Create public icons at the edges of the Stadium and Arena Districts. The identity program includes the following: • Street furniture within the public right -of -way, such as bus shelters, that is consistent throughout The Platinum Triangle. • An area -wide banner system on the arterial roads, which will create a vehicle- oriented identity for the entire Platinum Triangle, especially in connection with events. • Site furnishings that meet the needs of the residents, visitors and workforce of The Platinum Triangle on an area and need specific basis. 4.1.2 Public Art Public art provides added interest, variety, and beauty to the City's public places. Well- designed public art creates a connection between the public and the culture of the community by designing places that incorporate symbols that serve to entertain and enrich urban areas. Public art will be encouraged in the mini parks and new gathering places that will be developed within The Platinum Triangle. August ",'"""(Date Amendment Approved) 28 ........................................................ ............................... 4.1.3 Light Standards The City of Anaheim light standard will be used throughout The Platinum Triangle with the exception of Katella Avenue, Gene Autry Way, Market Street and Connector Streets. On Katella Avenue and Gene Autry Way, the Anaheim Resort light standard will provide a visual link between The Platinum Triangle and The Anaheim Resort. A pedestrian oriented acorn light standard will be implemented on Market Street and Connector Streets to enhance the pedestrian - friendly environment of these two streets. FINIAL r— BANNER ARM COUPLING (2) 0 POLE a LENGTH 1 26 W MOUNTING CAST HEIGHT RING 29•_4• 2 PIECE SIGN BRACKET j I BRACKET 314" i 4 Y i Tu i Figure 11: Anaheim Resort Light Standard Platinum Triangle Master Land Use Plan ............................................................... ............................... LUMINNRE (SEE TPBLE) —TENON PER POLE MOUNTING LENGTH HEIGHT 15' NOM. 14' -10" NoM. Figure 12: Acorn Light Standard "u^��^',.� ",'"""(Date Amendment Approved) 29 ................................................................. ............................... Platinum Triangle Master Land Use Plan 4.1.4 Street Furniture Street furniture within The Platinum Triangle will be the standard street furniture used throughout the City Street furniture includes bus shelters. benches and trash receptacles. 4.1.5 Signs Within The Platinum Triangle, civic signage will play three major roles: identification of The Platinum Triangle, directional assistance to arriving visitors and reinforcement of the visual themes of cosmopolitan urban activities, sports and entertainment. Changeable Message Signs Changeable message signs provide timely information to visitors to The Platinum Triangle. These existing changeable message signs will remain in the current locations unless otherwise determined in conjunction with future development of the Stadium or Arena Districts. Directional Signs Signs which provide directional instructions to arriving or departing visitors will become increasingly important within The Platinum Triangle as new development occurs. The number, type and location of signs should be determined prior to development of the Stadium District, potentially in connection with the future design of the gateways. This will assure that the overall character of the signs is consistent, and interrelated circulation issues for Angel Stadium of Anaheim, Arrowhead Pond of Anaheim, The Grove of Anaheim and the proposed ARTIC station, can be addressed. Banners All street light standards on arterial roads within The Platinum Triangle will have a removable armature for banners that will be changed out regularly. Banners will be brightly colored, festive and may be fabricated as sewn, silk screened on nylon or photo image reproduction on an exterior grade substrate. Figure 13: Citywide Standard Bus Bench August ",'"""(Date Amendment Approved) 30 Platinum Triangle Master Land Use Plan .......................................... ............................... I ................... 4.2 Landscape Concept Plan and Cross Sections The intent of the Landscape Concept Plan is to create a memorable, unified and civic - scaled public landscape for The Platinum Triangle. To achieve this, the Landscape Concept Plan proposes extensive landscape improvements within the area's public rights -of -way and landscape setback areas. This section describes the landscape goals for The Platinum Triangle and provides typical plans and cross sections which establish the basic requirements for landscape development. Implementation of the Landscape Concept Plan within the public right -of -way will occur with development of new projects within the area unless otherwise determined by the City. Figure 14 shows how the andscape Concept Plan applies to The Platinum Triangle and provides the overall unifying landscape framework. The full-street cross sections and plans that follow show the landscape treatment of the typical conditions on each of The Platinum Triangle's major streets. The right -of -way dimensions may vary subject to the approval of the City Engineer. The treatment shown for each street is based on the Landscape Concept Plan. Whenever possible, utilities will be placed underground. August 23, 2904 (Date Amendment Approved) 31 ................................................................. ............................... Platinum Triangle Master Land Use Plan .............................................................................................................................. ............................... August ",'"""(Date Amendment Approved) 32 ................................................................................................................................................. ............................... Platinum Triangle Master Land Use Plan ...................................................................................................... ............................... Legend ��••� The Platinum Triangle Boundary r Date Palm i Mexican Fan Palm • Green Canopy Tree C) Flowering Canopy Tree a Citrus Tree runs Conceptual Connector Streets Conceptual Market Streets (Required Ground Floor Commercial) Required Ground Floor Commercial 0 790 . 15 00 a000 Conceptual Mini Park Location �ir Conceptual Neighborhood Park Location 4412 Existing Amtrak/Metrolink Station Location Conceptual ARTIC Station Location Mixed -Use General Plan Designation Potential Signalized Intersection August 23, 2�25042�2504 (Date Amendment Approved) .......................... ............................... 33 Platinum Triangle Master Land Use Plan ................................................................................................................ ............................... I ..... I.. I .... ':VIAa, Legend «+.� The Platinum Triangle Boundary r Date Palm ► Mexican Fan Palm o Green Canopy Tree D Flowering Canopy Tree Citrus Tree r ■ ■ ms Conceptual Connector Streets Conceptual Market Streets (Required Ground Floor Commercial) Required Ground Floor Commercial b 0 750 too s000 Figure 11: Landscape Concept Plan August ",'"""(Date Amendment Approved) 34 ..................................................................................................................................................................... ............................... Conceptual Mini Park Location Conceptual Neighborhood Park Location Existing Amtrak/Metrolink Station Location i• Conceptual ARTIC Station Location Mixed -Use General Plan Designation Potential Signalized Intersection Figure 11: Landscape Concept Plan August ",'"""(Date Amendment Approved) 34 ..................................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan ...................................................................................................................................................... ............................... August ",'"""(Date Amendment Approved) 35 ..................................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan ............................................................................................................. ............................... I.. I ..... I ....... 18 J 33 Legend -, io Vdennar Signalized Intersection .... Conceptual Connector Street Location ..• Conceptual Market Street Locadon Mixed Ilse General Plan Designation o V' I `` 9 i B iw �I iIEMP August ",'"""(Date Amendment Approved) 36 ................................................................................................................................................. ............................... Platinum Triangle Master Land Use Plan ..................................................................................................................................................... ............................... 18 1 Legend, poentiol Signaezed lnhuBECtiOM1 .... Cmeptusl Connectn SVest Locafim ...+ Co ptual Market Slmel Lmalion Mizeg Use General Plan Cesignatm 25 N [ #4 -2] See Figure 31 for Secondary Streets (Howell Avenue, Sunkist Street and Cerritos Avenue) Figure 12: Cross Section Key Map August,. ",'"""(Date Amendment Approved) 37 ..................................................................................................................................................................... ............................... 4.2.1 Katella Avenue The central feature of Katella Avenue, between the Santa Ana Freeway and the entrance to Angel Stadium of Anaheim, The Grove of Anaheim and the Amtrak /Metrolink station, is the grove -style planting of Date Palms. This planting continues the treatment of Katella Avenue in The Anaheim Resort west of the Santa Ana Freeway. A single species mass of Fort Night Lily or other white or purple flowering shrub provides a low shrub under - story for the Date Palms located in the parkway. A second row of matching Date Palms will be planted in the setback area in six -foot square cut -outs. The median will also consist of Date Palms, with flowering Platinum Triangle Master Land Use Plan ............................ ............................... I ............. vines such as Bougainvillea `San Diego Red' or Blood Trumpet Vine attached to the trunk of the palm, and a single species mass of Kangaroo Paw or a similar orange or yellow flowering compliment. Adjacent to ground floor commercial uses, the setback area will be paved to provide pedestrian access. The landscaping for Katella Avenue changes near the railroad grade separation and further east to the City limits. Along this section of Katella Avenue, the Date Palms are eliminated within the Pedestrian/Landscape Realm and large -scaled Mexican Fan Palms are planted within the parkways. August ",'"""(Date Amendment Approved) 38 ...................................................... ............................... I .......... Date Palm (Phoenix dactylifera) Kangaroo Paw (Anigozanthos) Fort Night Lily (Dietes) Bougainvillea (Bougainvillea) Mexican Fan Palm (Washingtonia robusta) (Distictis buccinatoria) Platinum Triangle Master Land Use Plan .............................................................. ............................... Lai Median Pate Palm in- pedesmsnl landscape realm Dale Palm in Parkway Small accen! — trees and flowering shrubs in landscape realm Residential - use with ratio and stoup Parkway $idewalk Stadium i I I� I I fii. '.,� ., fit I 111 11 1 1 11 I Figure 16: Katella Avenue Wes of St C 19 Santa Ana Freeway to East of State College Boulevard (Stadium Entrance) . August 23 T,� ,'nn4(DateAmendmentApproved) 39 .................................................................................................................................................. ............................... Setback area wnt.m. tree C grates, paving anti ! p c Private patios may encroach Landscape 6f1 $' imo setback area Dale Palm in Parkway and median to match In spacing and height Flowering vine attached to trunk L —� Sine species gl W palm: single species /lawering low hedge In of nowedng per parkway (24" max, shrub or groundcover height) in median 4,�-ac - � 4 + Residential is" 6' 7' IT 11' _ 11' _ 11' 1 1' 11' y 11' 13' 7' 6'' IS' with Gr tl , Setback '. Parkway Y arkes aY Setback Floor Commercial Sidewalk sidewalk Use as 28' 2b' Paving Vahlallar Travel Lanes Median Vehicular Travel Trewl Lanes 37' 118' 31' Stadium i I I� I I fii. '.,� ., fit I 111 11 1 1 11 I Figure 16: Katella Avenue Wes of St C 19 Santa Ana Freeway to East of State College Boulevard (Stadium Entrance) . August 23 T,� ,'nn4(DateAmendmentApproved) 39 .................................................................................................................................................. ............................... Platinum Triangle Master Land Use Plan .................................................................. ............................... Mexican Fan Palm Tree F in parkway (Q 25' n.c.) @ back of walk Shrubs and Groundcover on Slope Single Species of flowering low hedge in parkway (24" max. height) @ back of walk `Sidewalk (5' -T) 'Planting Area (4'-2') 3a' Vehicular Travel Lanes Ultimate Right of Stadium Smart Street Date Pain in median Mexican Fan Palm in parkway `Sidewalk nting Area (4'-2') Shrubs and Groundcover an Slope a l l 1 6 , 1 2 V I I 51 1M Figure 17: Katella Avenue at Railroad Grade SepaFation Higway of National Significance East of State College Boulevard (Stadium Entrance) to Orange Freeway Date Palm (30' o.c.) in median Flowering vine attached to trunk of palm; single species of flowering low shrub or groundcover in median August 23, 2994 (Date Amendment Approved) 40 .............................................................................. ............................... "Parkway Detail Platinum Triangle Master Land Use Plan Setback area contains landscape, antllor pavin Mexican Fan Palm Tree in e Palm (30'o ) € Lan In parkway (@ 25' o.c) in median Low powering shrub - and /or groundcover in parkway and landscaped setback 129 Ulfimate Right of Way Stadium Smarl Street (6 Lar Parkway Sidewalk 39' Vehicular Travel 1-91148 Flowerng vine attached to trunk of Palm: single species of rovrerng low shrub or groundcover In median Sidewalk 39 Vehicular Travel Lanes Landscaped Median Mexican Fen Palm EM Arrowhead king Packing PV Landscape selbacic of Iow shrubs or purge o%vring ground cover Parkway 6ldewalk - 1 —0 � Figure 18: Katella Avenue EaRt of 57 Freeway Orange Freeway to East City Limits Commmial Use . August 23, 2b2es4 ^uu ^b,, 2b2ss4(DateAmendmentApproved) 41 ........................................................................................................................ ............................... 4.2.2 State College Boulevard The primary landscape treatment for State College Boulevard consists of alternating Mexican Fan Palms and pedestrian - scaled flowering canopy trees such as Golden Trumpet trees and a single species of low flowering ground cover such as Trailing Lantana within parkways and a single row of Camphor trees in the median. To further facilitate pedestrian access, the setback area may be paved adjacent to ground floor commercial uses. Platinum Triangle Master Land Use Plan August ",'"""(Date Amendment Approved) 42 Golden Trumpet Tree (Cecropia obtusifolia) Trailing Lantana (Lantana montevidensis) Mexican Fan Palm (Washingtonia robusta) Camphor Tree (Cinnamomum comphora) Platinum Triangle Master Land Use Plan Commercial Setback Parkway Parkway Setback Use r.._.. major (8 Lanes) in pantW$j Fan Palm in parkway Ground floor c.mmerc�al canopY Green canopy ire w melon Walk Pedestria paving Ground Floor Use 1 � I N ■ II _ rr�i, I � i 3 � I BI mr A k1U I L I� 111 Ill rill h ^ "" hold FBI a a a e a A S outh a Gene A utry Sidewalk $mall accenl 1= and flowering shrub In landscape realm Resldenfiaf Use with patio and stoop Pali. wall to be minimum 3 from sidewalk August ",'nn" Date Amen men rove ................................................................................................................................. ............................... Private patios may enomacn V into setback area Mexican Fan Palm single row of green alternating with medium canopy trees in flowering canopy tree in median pa kway Small accent trees and flowering shrubs in landscape area adjacent to residential Single species of Single species of flowering ground massed flowering weer In parkway groundcover in (24^ max. height) median Commercial Setback Parkway Parkway Setback Use r.._.. major (8 Lanes) in pantW$j Fan Palm in parkway Ground floor c.mmerc�al canopY Green canopy ire w melon Walk Pedestria paving Ground Floor Use 1 � I N ■ II _ rr�i, I � i 3 � I BI mr A k1U I L I� 111 Ill rill h ^ "" hold FBI a a a e a A S outh a Gene A utry Sidewalk $mall accenl 1= and flowering shrub In landscape realm Resldenfiaf Use with patio and stoop Pali. wall to be minimum 3 from sidewalk August ",'nn" Date Amen men rove ................................................................................................................................. ............................... Platinum Triangle Master Land Use Plan ...................................................................................... ............................... Private patios may encroach 6' into setback area Commercial lase Setback Parkway 2P Sidewalk Pavirg venmis 26' Landscape aN Landscape i ealm tzo' Ultimate Right of Way Major is Lanes) ModNed Realm Residential . use wim pain and stoop Mexican Fan Palm S Single row of green altemating with mil c canopy trees in medi Cowering canopy tree in Parkway S Small accent trees and flevrering shrubs in IaMscapa realm adjacerl Flowering canopy tree in t to residential parkway Mexican FanPalmsto - i f _tai �I Y1, Iyll small accent trees and flowering shrubs in landscape realm wRh 3' setback from back of walk Sidewalk M Parkway — Sidewalk Z . lal B^ Ile rru I� rat 111 Use,i�ioid YI I 1 I ®I�I I I M Figure 20: State College Boulevard NeFth of Gene .Autry Way Gene Autry Way to Katella Avenue "ugust 23, 2994 (Date Amendment Approved) 44 .............................................................................. ............................... Platinum Triangle Master Land Use Plan Shrubs and Groundcover 5' on Slope 20' Mexican Fan Palm 11' allernafingwilh Single row of green flowering canopy tree canopy frees in In parkway median Single species of F1 flowering ground Sidewalk cover in parkway Irr (24" max. height) 16' 42' Single species of Vehicular Travel Lanes Vehicular Travel lanes massed flowering groundcover in median Slope! thing Wall 5' 5' 20' 11' 11' 11' 11' Slope! 20' 5' S' Retainin 1 Varies Varies Parkway Parkway Sidewalk Sidewalk 42' 16' 42' Vehicular Travel Lanes Vehicular Travel lanes 144' Ultimate Right Major (6 Lanes) Green — canopy trees in median Industrial Use Mexican Fan Palm in parkway Flowering canopy tree in parkway Walk Shrubs and Ground..,., on Slope A t Figure 21: State College Boulevard at Railread Grade Senali Katella Avenue to 500' North of Howell Avenue August ", 2904 (Date Amendment Approved) 45 ................................................................. ............................... .............................. Fully landscaped setback to consist of canopy tree and pink ilowenng low shrub or graundcover Mexican Fan Palm akamatinn u Platinum Triangle Master Land Use Plan ........................................................... ............................... Single row of green Ultimate Right of Way Major (6 Lanes) Green — canopy trees in median industrial use Mexican Pan Palm in parkway 'rFlowaring _ -" canopy lie& in parkway Walk t Ia; ! Illi �L 1 i VUI .I I_I Figure 22: State College lill of Railroad GFade SepaFat Boulevard AU Norm of Howell Avenue to Cerritos Avenue "��^��^'T,� 23,'nn" (Date Amendment Approved) 46 ..................................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan ........................................... ............................... I ................... 4.2.3 Gene Autry Way Large canopy trees in the medians and p arkways and Mexican Fan Palms in the setback area p rovide both a grand scale and pedestrian - friendly environment on this major entry into the Angel Stadium of Anaheim. Flowering vines will be attached to the palm trees and orange Daylilies or a similar orange flowering hedge will be planted in the parkway. 'Php °bgpnep °F' ° ° °t °°° To provide for a4d4eaa4- pedestrian circulation while °« r vvirorarn-ixar l D1 D 1 °« a 37 -foot wide sidewalk within the public right -of -way is required with 2 '/z foot by 2 '/z foot scoring. Adjacent to this sidewalk, w4hift -the setback area, an a dditi on a l -2 1 f wide walk shall b «..,..:a °a m 4th.......t °t,:«..., ng - A _ « °.. ,, ° «t f this walk ay L. b . Fay id e d t th G t., 1 �a r 11 bo pm be paved and/or landscaped and outdoor restaurant seating area may encroach into this area August,. ",'"""(Date Amendment Approvea l 47 ................................................................. ............................... Crape Myrtle Tree (Lagerstroemia indica) Orange Daylily (Hemerocallis fulva) Mexican Fan Palm (Washingtonia Robusta) Platinum Triangle Master Land Use Plan .......................................... ............................... Single raw pl gfaeo — canopy trees In n>eden Mexican Fan Pa lm In par4:way all ernalrg wdh canopy trAe (I0Cd1Ed lg 200.0.) Flo nng cmnpy Iree in Parkway Single species of nuwEmg low nedge m pwkirrey r 24" Max- heig M} Res.dentlat wan a•�• }g• Grouno Floor CwrwrtefNel Vsa walk ^ Parkway way $Idewalk r Pavinn eh tut: IM PdVatb patina may enK oach '.$' Imry Seto ack area Small accent trees and flowering shr tls in landscape i ealm adj2CBnl 16 ftsidenti2l t c c * wn Fan nw�r lrlg Pa lms ?rave lrlg vine 5 attached to baser of Trunk Single apef:ks of g S`n c f{Or r Sifg g.roundvyenn median Sidewalk I Patio L'rca a Figure 23: Gene Autry Way Betmor Lane to State College Boulevard _ ugu st2a,2004 (Date Amend men tApproved) 48 ..................................................................................................................................................................... ............................... Pnmary (& Lanes) Platinum Triangle Master Land Use Plan ........................................... ............................... I ................... 4.2.4 Orangewood Avenue The treatment of Orangewood Avenue consists of alternating Mexican Fan Palms and a pedestrian -scaled flowering canopy tree such as a Tipu tree within the parkways, which will also be planted with Natal Plum or some other low flowering shrub. The palms will have Boston Ivy or a similar vine attached to the base of the trunk. Small trees and flowering shrubs accent the landscape setback adjacent to the residential uses. Adjacent to ground floor commercial uses, the setback area will be paved to provide pedestrian access. To provide for additional pedestrian circulation while maintaining the right -of -way widths prescribed by the General Plan, east of State College Boulevard, a 5 -foot wide sidewalk within the public right -of -way is required with 2 '/z foot by 2 '/z foot scoring. Adjacent to this sidewalk, within the setback area, an additional 2 '/z foot wide walkway shall be provided with matching scoring. An easement for this walkway shall be provided to the City. x �, Boston Ivy (Parthenocissus tricuspidata) August ",'"""(Date Amend men tApprovea l 49 ....................................................................................................................................................... ............................... (Washingtonia robusta) Tipu Tree (Tipuana tipu) Natal Plum (Anechites nerium) Platinum Triangle Master Land Use Plan ........................................................... ............................... Mexican Fan Palm altematiag With medium flowering canopy tree in parkway Mexican Fan Palms to have Vines attached to base of Trunk Sirgle species of flowering si in parkway i24" max. height) Commercial Use 19' Single row of green canopy trees in median Single species of messed flowering groundcoverin median Primary fe Lanes) R rn� I 1 ■I q Figure 24: Orangewood Avenue `Af° °t of State College Bouleval :Gj Santa Ana Freeway to State College Boulevard August 23 >•,� ,'nn"(DateAmendmentApproved) 50 ..................................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan .............................................................. ............................... Meklcen Fan Palm alternating vdth madman flowering canopy free In parkway Single species of shrub in parkway (26" max. height) Ground Flepr Commercial Use — Parkway Sidewalk ane way Parkway 15' Sidewalk V Setback 25' primary (6 Lanes) - Singla mw al green canopy trees in median Private patios may encroach S' into selback area Small accem trees and flowering shrubs in landscape realm ad]acem to residential Mexican Fan Palms to _ have vines attached to base of trunk Single species of massed flowering / groundcaver in ( median rm is un I.I .kk. I lieslrJe'rytlef '�::_k use With pane and stoop Small accent trees ��.�' and flowering shrubs in landscape realm with 3' setback from back orwalk Sidewalk I I I p I Figure 25: Orangewood Avenue State College Boulevard to East City Limits Cast of State coll g ou le val ;: _ ugu s ', (Date Amend men tApproved) 51 ...................................................................................................... ............................... Platinum Triangle Master Land Use Plan ............................................................................................................................. ............................... 4.2.5 Douglass Road The Douglass Road street landscape will consist of a double row of Mexican Fan Palms in the parkway and setback areas. The median will not be landscaped to allow for better traffic flow in and out of Arrowhead Pond of Anaheim and Angel Stadium of Anaheim. Yellow Trumpet or similar vines will be attached to the base of the palm trunks and red Daylilies or a similar low red flowering shrub will be planted in the parkway. August ",'"""(Date Amendment Approved) 52 ................................................................................................................................................. ............................... Red Daylily (Hemerocallis flava) Mexican Fan Palm (Washingtonia robusta) Platinum Triangle Master Land Use Plan .............................................................. ............................... Private patios may encroach V into setback area Mexican Fan Palm Tree In parkway Mexican Fan Palms to Ti have flowering vines attached to base of trunk. Low flowering shrub andfor groundcover in parkway and landscaped setback (24" max. height) POSSInie 3' E r iar PTMU Play Zone) M ,Ik l Sul I Ultimate Right of Way Secondary z- 1< Residential andlor commercial frontage {.' (Pedestrian access s to be deternwed) r Painted median 14' 1 , 12' 12' 1 14' Parkway Parkway malk Sidew 26' e icular Travel Vehicular Travel Lanes Lanes 64' I.I I I Mexican Fan Palm Walk owhead Pond Anaheim king lot Figure 26: Douglass Road August 23, 2904 (Date Amendment Approved) 53 ....................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan ............................................................................................................................. ............................... 4.2.6 Anaheim Way Anaheim Way is a one -way northbound frontage road on the east side of the Santa Ana Freeway. The landscape for Anaheim Way will be integrated into a large -scale landscaped open space treatment intended to attract the attention of passing motorists on the Santa Ana Freeway. The treatment will consist of Mexican Fan Palms with flowering vines attached to their trunks in parkways with a single species mass of Daisy or other yellow flowering shrubs. Mexican Fan Palms will also be planted in the setback area along with small accent trees and flowering shrubs. Boston Ivy will be attached to the wall per Santa Ana Freeway standards. August ",'"""(Date Amendment Approved) 54 ..................................................................................................................................................................... ............................... Mexican Fan Palm (Washingtonia robusta) Boston Ivy (Parthenocissus tricuspidata) Daisy (Chrysanthemum) Platinum Triangle Master Land Use Plan .............................................................. ............................... Small accent !ales and flowering shrubs Mexican Fan Pali to have flowering vines attached to base of trunk Single species of fowenng low hetlge in parkway Retaining (24" max. height) Wall with Boston Ivy T� Vine Elw ad Freeway S' 13' 11' Landscape Parkway Ultimate Right of Way Office Mexican Fan Palm Walk Boston Ivy Vine 0 L� dscal rkway P rkway August 23 ,.� ,'nn"(DateAmendmentApproved) .......................... ............................... jin -I m� Setback Figure 27: Anaheim Way 55 ................................ ............................... tall :ent as and x ring ubs in dscape ie Platinum Triangle Master Land Use Plan .......................................................................................................................................................... ............................... 4.2.7 Lewis Street The Lewis Street landscape will consist of Mexican Fan Palms and a single species of flowering low hedge in the parkways. A single row of green canopy trees and a single species of massed flowering ground cover will be provided in the median south of Katella Avenue. North of Katella Avenue, the median will be eliminated to provide for left turn lanes. The setback area will consist of canopy trees and a pink flowering low shrub or groundcover. August ",'"""(Date Amendment Approved) 56 ................................................................................................................................................. ............................... Mexican Fan Palm (Washingtonia robusta) Platinum Triangle Master Land Use Plan ............................................................................................................................................................... ............................... Fully landscaped setback to consist of canopy tree andlor Single mw of green pink flowering law shrub or canopy trees in median groundcover IF Single species of messed Mexican Fan Palm in dowering groundcover in parkway median Single species of flowering low hedge in parkway (24" max. height) Sidel Setback walk Vehicular Travel median Vehicular Travel Lanes Lanes 1 t� �rli�l W Sit ski with single Species masse� kA ht I In i . rl Vii; N,. ■I I I l� 1IhMAI 11 Irk,u . Figure 28: Lewis Street Gene Autry Way to Katella Avenuese-Ah s K n.,e ugust,.� ", 2904 (Date Amendment Approved) 57 .......................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan ................................................................................................................................................. ............................... Fully landscaped setback to consist of canopy tree and pink flowering low shrub or groundcover Mexican Fan Palm Tree in parkway Mexican Fan Palms to----- have flowering vines attached to base of trunk Low flowering shrub andlor groundcover in parkway and landscaped setback (24° max. height) r Painted median we 14' 12' 12' 14' 26' 12° 26' Vehicular Travel Vehicular Travel Lanes Lanes 64' way I ima IUI Figure 29: Lewis Street North of Katell° A � ^1° Katella Avenue to o Cerritos Avenue August 23, 2994 (Date Amendment Approved) 58 ..................................................................................................................................................................... ............................... Secondary Platinum Triangle Master Land Use Plan ............................................................................................................................................................... ............................... . 4.2.8 Amtrak /Metrolink Line The landscape adjacent to the Amtrak Metrolink Line consists of a Mexican Fan Palm alternating with citrus trees. . August 2a, 2004 (Date Amendment Appmved) 59 ..................................................................................................................................................................... ............................... (Washingtonia robusta) Citrus Trees (Citrus) Platinum Triangle Master Land Use Plan ......................................................................................................................................................... ............................... Right of Way AmtraVMetrolink Track Area Figure 30: Amtrak /Metrolink Right -of -Way August ",'"""(Date Amendment Approved) 60 ................................................................................................................................................. ............................... Platinum Triangle Master Land Use Plan ......................................................... ............................... 4.2.9 Secondary Streets: Howell Avenue, Sunkist Street and Cerritos Avenue The Secondary Street landscape consists of a Brisbane Box or similar canopy trees with a low flowering pink shrub or groundcover in the parkway. The landscape setback consists of a canopy tree to match the species of parkway tree in spacing and height with purple and pink flowering low shrub or ground cover. I August ",'"""(Date Amendment Approved) 61 ..................................................................................................................................................................... ............................... Brisbane Box (Tristania conferta) Platinum Triangle Master Land Use Plan ............................................................................................................................. ............................... runy landscaped setback and parkway to consist of matching canopy trees and Ultimate Right of Way Secondary Streets I' ®N m Figure 31: Secondary Streets (Howell Avenue, Sunkist Street and Cerritos Avenue) August 23 T,� ,'nn"(DateAmendmentApproved) 62 ..................................................................................................................................................................... ............................... 0 15 30 60 Platinum Triangle Master Land Use Plan ..................................................................................................................................................... ............................... 4.2.10 Market Street The Market Street landscape consists of a large canopy tree, London Plane, in tree grates with interlocking precast concrete pavers in the parkway. The setback area may be paved to provide access for pedestrians. Angled parking will be provided on the west side, with additional canopy trees in landscaped planters with low shrubs or groundcover. Parallel parking will be provided on the east side. August ",'"""(Date Amendment Approved) 63 ..................................................................................................................................................................... ............................... London Plane Tree (Platanus acerifolia) Platinum Triangle Master Land Use Plan ........................................................... ............................... Medium canopy tree in tree grates Medium canopy tree in 5' wide planter with flowering shrubs Required Commercial Use ERCreachment refer PTMU overlay Zone) - Groundfloor set Commercial Use I back Angle Parkin (west side only Ultimate Right of Way ,I I 1 Medm cet pytree m tree grate Pedestrian paving I Ground floor commercial canopy I `! .I ■t� ?III Figure 32: Conceptual Market Street Required C6mhrerG21 use Encroachment (refer PTMU Oveflay Zorn) back I Commercial Use August ",'"""(Date Amendment Approved) 64 ............................................................ ............................... I ..1..1. Platinum Triangle Master Land Use Plan ..................................................................................................................................................... ............................... 4.2.11 Connector Street The Connector Street landscape consists of a large canopy tree, Southern Magnolia, which may be planted in tree wells with interlocking precast concrete pavers in the parkway or in parkways with turf or groundcover. A minimum 3 -foot wide area will be planted with low flowering shrubs in the setback area adjacent to the sidewalk. Magnolia Tree (Magnolia grandiflora) August ",'"""(Date Amendment Approved) 65 ................................................................................................................................... ............................... I ................... Platinum Triangle Master Land Use Plan ................................................. ............................... Private patios may encroach 7' into setback area Medium canopy tree Low flowering shrub or groundcover in, parkway and landscape realm Possible 3' Use Encroachrnenl refer to PTMU Overay one) Parking Parking (Optional) (Optional) possible 3 Use Encroachment refer to PTMU Overlay t Gone) B' 1 13' 1 13' — 2l Ulitmete Right of Way Note: Within 500 feet of signalized intersection.. parking lane may convert to travel lane V1 tv Medium ....,, - Canopy Tree �.. � use with Palo and stoop Low flowering. shrubs In landscape realm w13' setback from back of walk Sidewalk � i lfits k I� IN Figure 33: Conceptual Connector Street August 23 T,� ,'nn"(DateAmendmentApproved) 66 ..................................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan .......................................... ............................... I ................... 4.2.12 Intersections with Supplemental Lanes The City of Anaheim F4emefA-designates s4 eleven intersections within The Platinum Triangle that require supplemental lanes to provide adequate level of service: • Katella Avenue /State College Boulevard • Gene Autry Way /State College Boulevard Orangewood Avenue /State College Boulevard • Katella Avenue /Howell Avenue Katella Avenue /Sportstown Way • Katella Avenue/Lewis Street Katella Avenue/Douglass Road Orangewood Avenue /Ramnart Street State College Boulevard/Stadium Way Anaheim Wav /Orangewood Avenue Anaheim Way/Katella Avenue The typical improvements for these intersections include additional left -turn lanes and a dedicated free right -turn lane. Where a dedicated free right -turn lane is required, right -of -way widths will be widened and setback areas will be pushed back. Supplemental lanes will also be required where Connector Streets and Market Street intersect with arterials at signalized intersections. The number and type of supplemental lanes will be determined through project - specific traffic impact studies. Where a dedicated free right -turn lane is required, right -of -way widths will be widened and setback areas will be pushed back. "ugust,.� ",'"""(Date Amendment Approved) 67 ................................................................. ............................... Platinum Triangle Master Land Use Plan ............................................................................................................................................................... ............................... . APPENDIX A The Platinum Triangle Mixed Use (PTMU) Overlay Zone August ",'"""(Date Amendment Approved) A ..................................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan ............. ............... ............................. ............................. ............................... ............................. ................ APPENDIX B The Platinum Triangle Standardized Development Agreement August ",'"""(Date Amendment Approved) B ................................................................................................................................................. ............................... Platinum Triangle Master Land Use Plan ............................................................................................................................................................... ............................... . let » Aki IC /:(0 Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle Mitigation Monitoring Program No. 106 was created for the Environmental Impact Report associated with The Anaheim Stadium Master Land Use Plan (EIR No. 321) and was updated and modified in conjunction with the Environmental Impact Report for the General Plan Update Program (EIR No. 330), adopted on May 25, 2004. Mitigation Monitoring Plan No. 106 has been further updated and modified in conjunction with EIR No. 332 and renamed Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle August ",'"""(Date Amendment Approved) C ..................................................................................................................................................................... ............................... Platinum Triangle Master Land Use Plan .............................................................. ............................... Ground Floor Commercial Use — Parkway Sidewalk 25' July 19, 2005 primary (6 Lanes) rm un I.I is ,� 111. L ane way Parkway 15' Sidewalk Setback r J J1 ANN EMENE MEN !�l will Sidewalk I 1 Figure 25: Orangewood Avenue State College Boulevard to 800' e/o State College Boulevard 45 ........................................................................................................................ ............................... Single mw of green canopy trees in median Private patios may encroach Mexican Fan Palm S' into setback area m esti ating vdth med kum flowering canopy tree In parkway Small accam trees and glowering shrubs in landscape realm ad]acem to residential Single species of shrub in Mexican Fan Palms to_ parkway (26" max. have vines attached to height) base of trunk Single species of massed flowering / groundcaver in ( median Ground Floor Commercial Use — Parkway Sidewalk 25' July 19, 2005 primary (6 Lanes) rm un I.I is ,� 111. L ane way Parkway 15' Sidewalk Setback r J J1 ANN EMENE MEN !�l will Sidewalk I 1 Figure 25: Orangewood Avenue State College Boulevard to 800' e/o State College Boulevard 45 ........................................................................................................................ ............................... Platinum Triangle Master Land Use Plan .............................................................. ............................... Commercial Use I way Mexican Fan Palm alternating with medium flowering canopy tree in parkway Single row of green canopy trees in median Private patios may encroach V ill setback area Small accent trees and flowering shrubs in landscape realm adjacent: to rastdemial Mexican Fan Palms to nave vines attached to base of trunk Single species of massed fowenng groundcover in median Single species of shrub in parkway (24' max. height) way — Parkway Sidewalk Parkway — Sidewalk 106' lini Right Of W. Primary (6 Lanes) ICI July 19, 2005 IAI I9i 11 1111 is M- 00 4, Yna I I Figure 25A: Orangewood Avenue 800' e/o State College Boulevard to East City Limits 45A ............................................................................ ............................... ATTACHMENT NO. 3 -A ADDITIONS AND REFINEMENTS TO THE AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN Draft Resolution Platinum Triangle Master Land Use Plan ............................................................................................................ ............................... I.. I ..... I ....... YH C7 CIL- I Q E � n Legend 1 +11� The Platinum Triangle Boundary 0 Mixed -Use General Plan Designation r ■ ■ ■ ■ Conceptual Connector Streets Conceptual Market Streets (Required Ground Floor Commercial) Required Ground Floor Commercial 0 Potential Signalized Intersection Conceptual Mini Park Location Conceptual Neighborhood Park Location Existing Amtrak(Metrolink Station Location Conceptual ARTIC Station Location Landmark Architecture mi r A� taa .� - anon ................................................... (Date Amendment Approved) ............................... 1 q ` � 3 0 750 1500 3000 22 ................ Platinum Triangle Master Land Use Plan .......................................... ............................... Single raw pl gfaeo — canopy trees In n>eden Mexican Fan Pa lm In par4:way all ernalrg wdh canopy trAe (I0Cd1Ed lg 200.0.) Flo nng cmnpy Iree in Parkway Single species of nuwEmg low nedge m pwkirrey r 24" Max- heig M} Res.dentlat wan a•�• }g• Grouno Floor CwrwrtefNel Vsa walk ^ Parkway way $Idewalk r Pavinn eh tut: IM PdVatb patina may enK oach '.$' Imry Seto ack area Small accent trees and flowering shr tls in landscape i ealm adj2CBnl 16 ftsidenti2l t c c * wn Fan nw�r lrlg Pa lms ?rave lrlg vine 5 attached to baser of Trunk Single apef:ks of g S`n c f{Or r Sifg g.roundvyenn median Sidewalk I Patio L'rca a Figure 23: Gene Autry Way Betmor Lane to State College Boulevard _ ugu st2a,2004 (Date Amend men tApproved) 48 ..................................................................................................................................................................... ............................... Pnmary (& Lanes) Platinum Triangle Master Land Use Plan .............................................................. ............................... Ground Floor Commercial Use — Parkway Sidewalk 25' July 19, 2005 primary (6 Lanes) rm un I.I is ,� 111. L ane way Parkway 15' Sidewalk Setback r J J1 ANN EMENE MEN !�l will Sidewalk I 1 Figure 25: Orangewood Avenue State College Boulevard to 800' e/o State College Boulevard 45 ........................................................................................................................ ............................... Single mw of green canopy trees in median Private patios may encroach Mexican Fan Palm S' into setback area m esti ating vdth med kum flowering canopy tree In parkway Small accam trees and glowering shrubs in landscape realm ad]acem to residential Single species of shrub in Mexican Fan Palms to_ parkway (26" max. have vines attached to height) base of trunk Single species of massed flowering / groundcaver in ( median Ground Floor Commercial Use — Parkway Sidewalk 25' July 19, 2005 primary (6 Lanes) rm un I.I is ,� 111. L ane way Parkway 15' Sidewalk Setback r J J1 ANN EMENE MEN !�l will Sidewalk I 1 Figure 25: Orangewood Avenue State College Boulevard to 800' e/o State College Boulevard 45 ........................................................................................................................ ............................... Platinum Triangle Master Land Use Plan .............................................................. ............................... Commercial Use I way Mexican Fan Palm alternating with medium flowering canopy tree in parkway Single row of green canopy trees in median Private patios may encroach V ill setback area Small accent trees and flowering shrubs in landscape realm adjacent: to rastdemial Mexican Fan Palms to nave vines attached to base of trunk Single species of massed fowenng groundcover in median Single species of shrub in parkway (24' max. height) way — Parkway Sidewalk Parkway — Sidewalk 106' lini Right Of W. Primary (6 Lanes) ICI July 19, 2005 IAI I9i 11 1111 is M- 00 4, Yna I I Figure 25A: Orangewood Avenue 800' e/o State College Boulevard to East City Limits 45A ............................................................................ ............................... ATTACHMENT NO. 4 ZONING CODE AMENDMENT NO. 2004 -00036 AMENDMENT TO THE PTMU OVERLAY ZONE Draft Resolution DRAFT RESOLUTION NO. PC2005 - "' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND A PORTION OF CHAPTER 1820 "PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE' (ZONING CODE AMENDMENT NO- 2004-00036) WHEREAS, the Zoning Code was originally adopted in 1929 and has been updated a number of times over the years; and WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code, provisions of Title 18 may be amended whenever the public necessity and convenience and the general welfare require, when adopted by an ordinance of the City Council in the manner prescribed by law; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, the Zoning Code implements the General Plan; and WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zoning Code Amendments; and WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No- 2004-00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to rescind in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004 - 00134; and, on June 13, 2005, initiated General Plan Amendment No. 2004- 00420 (Tracking No. GPA 2005 - 00432) (hereinafter collectively referred to as the 'Project Discretionary Actions "); and WHEREAS, Zoning Code Amendment No. 2004 -00036 is a request for Planning Commission to recommend to the City Council adoption of an amendment to the PTMU Overlay Zone to incorporate the following: an adjustment to the boundaries of the mixed -use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to density descriptions to reflect the above -noted Cr\PC2005- -1- PC2005- changes and other City Code requirements, which amendments are attached hereto in a strike -out format marked Exhibit 1 to this Resolution, and which is incorporated herein by this reference as if set forth in full; WHEREAS, on July 25, 2005, the Planning Commission, by Resolution No. PC2005 -105 recommended that City Council approve General Plan Amendment No. 2005 -00435 to amend the Land Use Element to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to increase the maximum overall commercial density for The Platinum Triangle Mixed -Use designation from 2,044,300 to 2,049,908 square feet representing a total increase of 5,608 square feet, which separate amendment is currently in process in connection with recommendations to the City Council of approval of Miscellaneous Case No. 2005 -00113 to amend The Platinum Triangle Master Land Use Plan, Zoning Code Amendment No. 2005 - 00044, Conditional Use Permit No. 2005 - 04967, Tentative Tract Map No. 16800 and Development Agreement No. 2005 -00004 to permit the development of the D.R. Horton project at 2100 E. Katella Avenue; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 22, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against the Platinum Triangle Mixed Use Overlay Zone and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, having reviewed and considered the amendments to Chapter 1820 (Platinum Triangle Mixed Use Overlay Zone) of the Zoning Code (Zoning Code Amendment No- 2004-00036) has determined that the public necessity and convenience and the general welfare require its amendment based upon the following findings: 1. That the proposed amendments to the PTMU Overlay Zone are consistent with the Planning Commission's Resolutions recommending that the City Council adopt General Plan Amendment No. 2004- 00420 (Resolution No. ), Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan (Resolution No. and Miscellaneous Case No. 2005 -00114 to amend the form of The Platinum Triangle Standardized Development Agreement (Resolution No. � . 2. That the proposed amendments implement the Anaheim General Plan and provide for increased housing and commercial opportunities, as set forth in the staff report to the Planning Commission dated August 22, 2005; 3. That the proposed amendments reflect clarifications and refinements to reflect development factors and design trends that have been identified since the adoption of the PTMU Overlay Zone in September, 2004. 4. That in the event the City Council approves General Plan Amendment No. 2005 -00435 pertaining to a modification to the General Plan Land Use Element "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to increase the commercial square footage allocated for The Platinum Triangle Mixed -Use designation by 5,608 square feet, that the overall total commercial square footage permitted in The Platinum Triangle Mixed -Use designation by the subject General Plan Amendment No. 2005 -00420 shall not exceed 2,254,400 square feet consistent with the amount of square footage analyzed in FSEIR No. 332. 5. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed Zoning Code Amendment No. 2004 -00036 in connection with General Plan Amendment No. 2004 - 00420, Miscellaneous Case Nos. 2004 - 00089, 2005 -00114 and 2005 -00115 and Reclassification No. 2004 -00134 and, by its Resolution No. , did find and recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project, certify FSEIR No. 332 and adopt a Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A, and determine that FSEIR No. 332 fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for the -2- PC2005- Project, including the Project Implementation Actions and Discretionary Actions to the extent authorized by law. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby recommend that an ordinance be prepared reflecting the proposed amendments to Chapter 1820 (Platinum Triangle Mixed Use Overlay Zone) of the Zoning Code (Zoning Code Amendment No. 2004- 00036) and that the City Council approve said Ordinance. That this Zoning Code Amendment No. 2004 -00036 is granted expressly conditioned upon adoption of General Plan Amendment No. 2004 - 00420; Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan and Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon adoption of the actions hereinabove set forth in Condition No. 1. Should 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 August 22, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of 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 August 22, 2005, by the following vote of the members thereof: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this day of 1 2005- SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2005- Chapter 18.20 PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Sections: 18.20.010 Purpose and intent. 18.20.020 Applicability. 18.20.030 Uses. 18.20.040 Development districts. 18.20.050 Structural heights. 18.20.060 Coverage. 18.20.070 Project size. 18.20.080 Door area. 18.20.090 Structural setbacks. 18.20.100 Structural location and building orientation. 18.20.110 Public parks, recreational - leisure areas and landscaping_ 18.20.120 Parking, loading and vehicular access. 18.20.130 Refuse storage and recycling facilities and private storage areas_ 18.20.140 Design standards. 18.20.150 Signs. 18.20.160 Compatibility standards. 18.20.170 Implementation. 18.20.010 PURPOSE AND INTENT. .010 Purpose. The purpose of this chapter is to establish the Platinum Triangle Mixed Use (PTMU) Overlay Zone (hereinafter referred to as the "PTMU Overlay Zone ") to provide opportunities for well- designed development projects that combine residential with non- residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the portions of The Platinum Triangle designated with the Mixed -Use land use designation in the City of Anaheim General Plan, and consistent with the policy direction in the General Plan. 020 Objectives. The PTMU Overlay Zone has the following major objectives .0201 Create a unique integrated, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile for everyday needs through a streetscape that is connected, attractive, safe and engaging. .0202 Develop an overall urban design framework to ensure that the appearance and effects of buildings, improvements, and uses are harmonious with the character of the area in which they are located. .0203 Encourage compatibility between residential, commercial and sports entertainment uses. .0204 Reinforce Transit Oriented Development (TOD) opportunities around the existing Amtrak/Metrolink and the proposed Anaheim Regional Transportation Intermodal Center (ARTIC) stations. 20 -1 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0205 Maintain and enhance connectivity and linkages with convenience services, dining, retail and recreation facilities within walking distance by providing ground floor commercial uses in key locations. .0206 Provide a mix of housing types. .0207 Create great long - lasting neighborhoods that maintain value through buildings with architectural qualities that create attractive street scenes. .0208 Provide a variety of open space including private, recreational - leisure areas and public parks. planting space. .0209 Create a balance of landscape and architecture by providing sufficient .0210 Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. .0211 Stimulate market driven development investment. 18.20.020 APPLICABILITY. .010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north. The PTMU Overlay Zone covers an area consisting of approximately three hundred and s N,e iahty (38074) acres within The Platinum Triangle, as depicted in Figure 3 (General Plan Designations) of The Platinum Triangle Master Land Use Plan approved by the City Council on August 17, 2004 and amended on , 2005 (Resolution No. ) and on , 2005 (Resolution No. ) , and on file in the Office of the City Clerk, said Figure 3 is incorporated herein by this reference as though set forth in full. (Ord. 5948 § 2; November 9, 2004) .020 Applicable Regulations. The provisions of this chapter shall supersede the corresponding regulations of the underlying zones, except as provided below. .030 Option to Use Underlying Zone. The provisions of this chapter shall not apply to parcels that have been or are proposed to be developed entirely under the underlying zone, provided that all requirements of the underlying zone are met by the project except as specifically approved otherwise by variance or other official action by the City. 18.20.030 USES. .010 Primary Uses. Table 20 -A (Primary Uses: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable primary uses for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.030 (Residential Primary Use Classes) and Section 18.36.040 (Non- residential Primary Use Classes) of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 20-B (Accessory Uses and Structures: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable accessory uses and structures for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses). 20 -2 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .030 Temporary Uses. Table 20 -C (Temporary Uses and Structures: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable temporary uses and structures for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.060 (Temporary Use Classes) of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 20 -A, 20 -B and 20 -C are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit; .0403 "N" designates classes of uses that are prohibited; and .0404 "GF" designates classes of uses that are considered ground floor commercial for the PTMU Overlay Zone. .050 Ground -Floor Commercial Uses. In order to encourage an active street life while accommodating market demand, ground floor commercial uses facing the street are required along "Market Street' and on Gene Autry Way, east of Market Street as identified on Figure 4 (The Platinum Triangle Urban Design Plan) in The Platinum Triangle Master Land Use Plan. Ground floor commercial uses are identified in Tables 20 -A, 20 -B and 20 -C, and may include the non - residential portion of live /work units, or may be designed so that the space may be used for either residential or non - residential uses where the residential portion does not face the street. Ground floor commercial uses are also permitted along all other streets within the PTMU Overlay Zone. .0501 Ground floor commercial uses as designated in Tables 20 -A, 20 -B and 20- C shall have a minimum depth no less than thirty (30) feet and shall be provided along the property frontage adjacent to "Market Street' and Gene Autry Way, east of Market Street, as identified on Figure 4 of The Platinum Triangle Master Land Use Plan. T he total .....,.,_ °t 0 gFE) 44 0--r. e omm 0--re ial &tang t4eso �Ws qtr-ppts 81fiall aot R4 150,000 sq+ia+e t;aet 4 gross floor- noor cn .060 Live/Work Units. A commercial land use maybe combined with a residential land use within one unit to create a space that contains both a residence and commercial area such as an office. .070 Unlisted Uses. Any class of use that is not listed in Tables 20 -A, 20 -B and 20 -C is prohibited unless a determination is made by the Planning Director to allow the submission of an application for a conditional use permit to approve the use. .080 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 20 -A, 20 -B or 20 -C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .090 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 20 -A, 20 -B and 20 -C. Such provisions may include references to other applicable code sections or limitations to the specified land use. 20 -3 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Table 20 -A PRIMARY USES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited GF Ground Floor Commercial JPTMUJ GF Special Provisions Residential Classes of Uses Dwellings — Multiple Family P C Subject to the approval of Conditional Use Permit No. 2003- GF 04763, as may be amended from time to time, and sWbj@Gt to the Dwellings - Multiple Family in the Gonditions and showings of chapwr 18.66 (Genditiona4 Use, Gateway District, Sub -Area B lzefffiits), and further subject to Section 18.20.165 (Gateway Antennas — Broadcasting District- Sub_ Area B Standards) and eetiea naraeranh 18.20.170.020.02031 (Development Agreement Exemptions). Dwellings — Single - Family Attached Dwellings - Single- Family Detached Senior Citizen Housing P N C Subject to Chapter 18.50 (Senior Citizens' Apartment Projects) Non - Residential Classes of Uses Alcoholic Beverage Sales—Off -Sale C GF Alcoholic Beverage Sales—On -Sale C GF Antennas — Broadcasting P Subject to §See4off- 18.38.060 (Antennas — telecommunications) Automotive Public Parking C Automotive, truck, trailer and other N vehicle sales Automotive- Service Stations C Bars & Nightclubs C GF Billboards N Business & Financial Services P GF Breweries C GF Including the on- premise sales and consumption of beer or ale Commercial Retail Centers C Community & Religious Assembly C GF Computer Internet & Amusement C GF Facilities Conversions of hotels or motels to N semi - permanent living quarters Dance & Fitness Studios —Large P GF Dance & Fitness Studios —Small P GF Day Care Centers C GF Drive -up or drive- through services N Hotels & Motels P /C/N Hotels are permitted, extended -stay hotels are permitted by CUP, motels are not permitted (See Chapter 18.932 for definitions) Markets —Large P GF Outdoor farmer's markets are allowed with a conditional use permit Markets —Small P GF ( Offices P GF 20 -4 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Table 20 -A PRIMARY USES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited GF Ground Floor Commercial JPTMUJ GF Special Provisions Pawnshops N Personal Services—General P GF On -site dry cleaning not allowed; conditional use permit required for laundromats, l aundromats are subject to §18.38.150 Personal Services — Restricted C GF I offiees P GF Public Services P GF Recreation Bowling & Billiards P GF Recreation —Commercial Indoor P GF Recreation —Commercial Outdoor C Recreation — Low - Impact P Recreation Swimming & Tennis P Recycling Services —Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Repair Services — Limited P Rescue missions, shelters for the N homeless Research and Development Facilities C Restaurants—General P GF Restaurants —Semi- Enclosed P GF Subject to §4ee4oa 18.38.220 (Restaurants — outdoor seating and dining) Restaurants — Walk -Up P Retail Sales—General P GF Retail Sales— Kiosks P Retail Sales — Regional P Secondhand shops N Sex - oriented businesses, as defined in N Chapter 18.54 (Sex - Oriented Businesses) Studios — Broadcasting C GF Studios — Recording P GF Swap meets, indoor or outdoor N Transit Facilities P Utilities —Major C Utilities —Minor P Uses or activities not listed, nor C As determined by the Planning Commission to be compatible specifically prohibited with the intended purpose of the PTMU Overlay Zone. 20 -5 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Table 20 -B P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required TBE PLATINUM TRIANGLE N Prohibited MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial (PTMU) GF Special Provisions Amusement Devices Animal Keeping Antennas — Private Transmitting Antennas — Receiving Caretaker Units Day Care Large Family Day Care Small Family Fences & Walls Home Occupations Landscaping & Gardens Mechanical & Utility and Equipment —Ground Mounted Mechanical &Utility exd Equipment — Roof Mounted Murals Parking Lots & Garages Portable Food Carts Recreation Buildings & Structures Signs Solar Energy Panels Vending Machines P Subject to Chapter 4.14 (Amusement devices) P Subject to§ Seetief�-18.38.030 (Animal keeping) P Subject to §See4off- 18.38.040 (Antennas —private transmitting) P Subject to §Seetief�-18.38.050 (Antennas — receiving) C Subject to §SQetie *-18.38.090 (Caretaker units) C Subject to §See4eir18.38.140 (Large family day care homes) P P This use may occur on a lot with or without a primary use (Ord. 5948 § 3; November 9, 2004) P Subject to §4GGtiei- 18.38.130 (Home occupations) P Subject to Chapter 18.46 (Landscaping and screening) P Subject to §4@G4en- 18.38.160 (Mechanical and utility equipment — ground mounted) P Subject to §See4off- 18.38.170 (Mechanical and utility equipment —roof mounted) and §Seetieit18.20.14-40 (Design standards) of this chapter P/C Permitted when not visible from right -of -way or adjacent properties. Conditional use where visible from any public right -of- way or adjacent properties. P C P GF P Subject to Chapter 18.44 (Signs) and § (Signs) of this chapter P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane P Shall be screened from view from public rights -of -way and shall not encroach onto sidewalks Table 20 -C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required THE PLATINUM TRIANGLE N Prohibited MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial SPTMUZ GF Special Provisions Contractor's Office & Storage P Subject to §Seetieii-18.38.105 (Contractor's office and storage) Open -Air Festivals P Requires all applicable City permits Special Events P Subject to §S ti 18.38.240 (Special events) 20 -6 Anaheim Zoning Code 18.20.040 DEVELOPMENT DISTRICTS. The Platinum Triangle Mixed Use Overlay Zone .010 Purpose. To permit the maximum amount of development in The Platinum Triangle consistent with the General Plan and the infrastructure capacity analyzed by EIR No. 330 and EIR No. 332 the PTMU Overlay Zone establishes land use intensities for each of the following Development Districts: Arena District, Gateway District, Gene Autry District, Katella District and Stadium District. The boundaries of the Development Districts are depicted in The Platinum Triangle Master Land Use Plan which boundaries are incorporated herein by this reference. .020 Table 20 -D (Development Intensities: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) indicates the maximum land use intensities analyzed by EIR No. 330 and EIR No. 332. The Planning Department will maintain an accounting of the total amount of square footage approved within each district. Development shall not exceed the overall total land use intensity for The Platinum Triangle (PTMU) Overlay or the intensity identified for each District. Table 20 -D DEVELOPMENT INTENSITIES: THE PLATINUM TRIANGLE MIXED USE (PTMU) 0VERLAYZONE Maximum Dwelling Maximum Office Maximum District Units Square Footage Commercial Square Footage Arena 425 100,000 100,000 — *Gateway* 1,7-502 075 530,000 50,000 Gene Autry 1,000 100,000 —4"W174100 Katella 4250 775,000 544, Stadium 1,750 1,760,000 1,300,000 Total #,47-5 3,265,000 3-0, 44,4002.254.400 * The Gateway District encompasses Sub —Areas A B and CR as depicted in Tthe Platinum Triangle Master Land Use Plan (321 dwelling units within the Gateway District are specifically allocated to Sub- -Area C). 20 -7 Anaheim Zoning Code 18.20.050 STRUCTURAL HEIGHTS. The Platinum Triangle Mixed Use Overlay Zone The height requirements for the PTMU Overlay Zone are shown in Table 20 -E (Maximum Structural Height: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) and apply in addition to the Structural Height Limitations in Chapter 18.40 (General Development Standards). Greater heights are permitted in connection with a conditional use permit as set forth in Chapter 18.66 (Conditional Use Permit), eei+ditienal use pefmit faf highef heights 4.A C900 feet "R#li Rr- qRi4 Rf "_PiAe AtAfy Way shall Table 20-E AL4XIAIUM STRUCTURAL HEIGHT: THE PLATINUM TRIANGLE AHXED USE (PTMU) OVERLAYZONE Maximum Height in Feet � � LII�ffRRlSR!!5!R!.lJdSSS. Arena and Stadium Districts Unlimited All other properties 100 18.20.060 COVERAGE. .010 Site Coverage. The maximum site coverage for the PTMU Overlay Zone is seventy -five percent (75 %). .0101 Coverage is the sum of the area of all building footprint areas and the area of exposed parking divided by the gross area of the parcel excluding Market Street or Connector Streets and/or any required public right -of -way. For purpose of coverage calculations, parking is not considered exposed when landscape, patios and pool decks are located on the top level of a parking structure. .0102 Accessory Buildings and Structures. All accessory buildings and structures, shall be included in the maximum site coverage calculation. 18.20.070 PROJECT SIZE. The residential project size requirements are as follows: .010 The minimum residential project size shall be fifty (50) dwelling units. .020 Residential projects of more than four hundred (400) dwelling units on parcels of five (5) acres or greater shall consist of more than one (1) building type, as defined in Table 20-F (Building Types: The Platinum Triangle Mixed Use (PTMU) Overlay Zone). The building types proposed to meet this requirement must vary by at least two (2) stories in height. .030 Building Site Requirements in Chapter 18.40 (General Development Standards) shall also apply. I®'. Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Wrapped Deck Table 20 -F 45 -80 BUILDING TYPES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Typical standing (not subterranean) parking structure Density Range Building Type Unit Type Units /acre Definition Tuck -under Townhomes 16 -24 Residential buildings in which individual parking garages are Flats 18 -30 located under the living unit but still accessed by surface structure driveways Wrapped Deck Flats 45 -80 Residential buildings that surround, or wrap around, a free- standing (not subterranean) parking structure Podium Townhomes 16 -32 Residential buildings located above a subterranean parking Flats / Townhomes 36 -65 structure Flats 48 -100 M4- Fise Flats 65 -100 Residential buildings 4a 4@ig4t 4@twooff ` Htid 2@ stsfiPs er rise Tower 55 feet in height 18.20.080 FLOOR AREA. The minimum floor area for dwelling units is shown in Table 20 -G (Minimum Floor Area: The Platinum Triangle Mixed Use (PTMU) Overlay Zone). .010 Calculations. For purposes of this section, a "bedroom" is a private habitable room planned or used for sleeping, separated from other rooms by a door or a similar partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby, closet, or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50 %) of the total length of any wall open to an adjacent room or hallway, shall be considered a "bedroom." Table 20 -G MINIMUM FLOOR AREA: Minimum Floor Area Studio units: 550 square feet, provided, however, that the number of studio units shall not exceed 20% of the total number of units per residential building One - bedroom units: 650 square feet Two - bedroom units: 825 square feet Three- bedroom units: 1,000 square feet More than a three bedroom unit: 1,000 square feet plus 200 square feet for each bedroom over three 20 -9 Anaheim Zoning Code 18.20.090 STRUCTURAL SETBACKS. The Platinum Triangle Mixed Use Overlay Zone Every building or structure erected under the provisions of this zone shall be provided with setbacks as follows: .010 Setbacks Abutting Public Rights -of -Way, Private Streets and Alleys. .0101 Minimum Open Setback. All properties shall have a minimum open setback for the full width of the property as indicated in Table 20 -H (Structural Setbacks Abutting Public Rights -of -Way, Private Streets and Alleys) and The Platinum Triangle Master Land Use Plan. .01 Setbacks abutting Public Rights -of -Way shall be parallel to the centerline of the adjoining public rights -of -way and shall be measured from the ultimate right -of- way as indicated in the Circulation Element of the General Plan. .02 Setbacks abutting private streets or alleys shall be parallel to the centerline of the adjoining private street or alley and measured from the private access easement. .0102 Required hi provement of Setbacks. Setbacks abutting public rights -of- way, private streets and alleys shall be landscaped with lawn, trees, shrubs or other plants and/or decorated hard surface expansion of the sidewalk as set forth in Chapter 18.46 (Landscaping and Screening), Table 20 -H and The Platinum Triangle Master Land Use Plan. Setback areas shall be permanently maintained in a neat and orderly manner. .0103 Permitted Encroachments. Setbacks abutting public rights -of -way, private streets and alleys may include the following encroachments: .01 Patios, residential buildings and ground floor commercial uses that encroach into the required street setback no more than the maximum amount allowed per Table 20 -H and The Platinum Triangle Master Land Use Plan. .02 Walkway connections to building entrances, provided that special paving treatment or modular paving materials are used. .03 Vehicular and bike accessways. .04 Transit stops. .05 Outdoor seating and dining areas in conjunction with full- service restaurants, coffee shops, and bakeries, provided that such areas shall be designed to not adversely affect the safe and efficient circulation of pedestrian and vehicular traffic. .06 Public art displays, fountains, ponds, planters, outdoor seating areas, benches, decorative trash receptacles, planters, public plazas, or other similar amenities and attractive street furnishings that create public gathering places. .07 Newsracks that are designed to be aesthetically harmonious with the character of the area and not cause obstruction or adversely affect the safe and efficient circulation of pedestrian and vehicular traffic. .08 Cornices, eaves, belt courses, sills, buttresses and fireplaces that encroach into the required street setback no more than thirty-six (36) inches. .09 Awnings, canopies and arcades. 20 -10 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .10 Open, unenclosed balconies that encroach into the required street setback no more than three (3) feet. .11 Covered or uncovered entrances that do not extend above the level of the first floor of the building and that include a wall not more than thirty -six (36) inches in height that encroach into the required street setback no more than five (5) feet. .12 Fences, walls and hedges that comply with Section 18.46.110 ( Screening, Fences, Walls and Hedges) of Chapter 18.46 Landscaping and Screening) and subsection 18.20.030. (Accessory Uses). .0104 Improvement of Walkways within the Setback Area Required. Adjacent to State College B ...,._a, Gene Autry Way and Orangewood Avenue, the portion of the setback adjacent to the right -of -way shall be improved with a walkway as indicated in Table 20- H and as shown in The Platinum Triangle Master Land Use Plan. An easement for said walkway shall be provided to the City. Table 20 -H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS -OF -WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Permitted Street Minimum Setback Encroachments Required Landscape Katella 18 feet Patios: 8 feet • The area between residential patios and the Avenue sidewalk/walkway (see below) shall be fully Residential landscaped buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Ground floor • A date pain matching the date palm in the public commercial: 4 feet right -of -way in spacing and height shall be installed 5 feet from the right -of -way as indicated on the Platinum Triangle Master Land Use Plan State • South of Gene Autry Way : 13 feet Patios: 8 feet • The area between residential patios and the College • North of Gene Autry Way to railroad sidewalk/walkway (see below) shall be fully Boulevard grade separation: 16 feet Residential landscaped • North of railroad grade separation: buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80% 20 feet of the setback area may be paved Ground floor n 5' ...,.n,...,.. s h a ll be provided a to ROW commercial: 4 -8 se ared to ...,.t a dja eefi t g id e ...,.n ,...a __ ............._t feet pfe vided t th Cit fief o f G ene A..4y Wa t o the Gene Autry 12 feet Patios: 5 feet • The area between residential patios and the Way sidewalk/walkway (see below) shall be fully Residential landscaped buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Ground floor . A 2.5' walkway shall be provided adjacent to ROW, commercial: 5 feet scored to match adjacent sidewalk and an easement provided to the City * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation 20 -11 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Table 20 -H (Continued) STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS -OF -WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Permitted Street Minimum Setback Encroachments Required Landscape Orangewood West of State College Blvd: 12 feet Patios: 8 feet • The area between residential patios and the Avenue sidewalk/walkway (see below) shall be fully East of State College Blvd: 15 feet Residential landscaped buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Ground floor • A 2.5' walkway shall be provided adjacent to ROW, commercial: 8 feet scored to match adjacent sidewalk and an easement provided to the City, east of State College Blvd. Douglass 14 feet Patios: 8 feet • The area between residential patios and the sidewalk Road shall be fully landscaped Residential • Adjacent to ground floor commercial uses, up to 80% buildings: 3 feet* of the setback area may be paved buildings: 2 feet* Ground floor commercial: 2 feet Freeways 25 feet None Setback area shall be fully landscaped * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. 20 -12 Ground floor commercial: 3 feet Railroad 10 feet None • Setback area shall be fully landscaped ROW Market 10 feet Ground floor • A maximum 30% of setback area may be landscaped Street commercial: 4 feet Connector 10 feet Patios: 7 feet • The area between residential patios and the sidewalk Streets/ shall be fully landscaped Wright Residential • Adjacent to ground floor commercial uses, up to 80% Circle/ buildings: 3 feet* of the setback area may be paved Private Streets Ground floor commercial: 3 feet Alleys 10 feet Patios: 2 feet A minimum 4- foot -wide pedestrian walkway shall be I provided parallel to the alley. All other portions of the Residential setback area shall be fullv landscaned. buildings: 2 feet* Ground floor commercial: 2 feet Freeways 25 feet None Setback area shall be fully landscaped * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. 20 -12 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .020 Setbacks — Other. An open setback shall be provided between buildings and interior lot lines and between buildings located on the same project site. Minimum setback requirements shall be measured perpendicular to building walls. .0201 Required Improvement of Setbacks. Required setbacks abutting interior property lines and setbacks between buildings shall be landscaped with lawn, trees, shrubs or other plants as indicated above and as set forth in Chapter 18.46 (Landscaping and Screening). Setback areas shall be permanently maintained in a neat and orderly manner. .0202 Setbacks Abutting Interior Property Lines. A minimum five (5) foot wide fully landscaped setback area shall be provided for structures abutting an interior property line along the entire length of the building. Where a fence or wall is provided along or adjacent to the interior property line, the five (5) foot wide fully landscaped setback shall be measured from the side of the fence or wall facing the property. .0203 Setbacks Between Buildings. A minimum twenty (20) foot wide setback between parallel walls of two (2) separate buildings shall be provided. At least forty percent (40 %) of the setback area between buildings shall be landscaped. .01 Permitted Encroachments. The following encroachments are permitted, provided a minimum of forty percent (40 %) of the setback area is landscaped: (a) Open, unenclosed balconies and/or private patios for ground floor residential units may encroach no more than five (5) feet. (b) Covered or uncovered entrances that do not extend above the level of the first floor of the building and that include a wall not more than thirty -six (36) inches in height may encroach no more than five (5) feet. .03 Outdoor recreational facilities. .04 Fountains, ponds, sculptures and planters. .05 Fences, walls and hedges that comply with Section 18.4620.110 (Screening, Fences, Walls and Hedges) .06 Paved walkways, benches and plazas. .07 Vehicular accessways. .030 Parking, loading or unloading of privately owned and operated automobiles and other vehicles shall be prohibited in all required setbacks. .040 Required vehicle sight distances shall be maintained. No landscaping or other elements such as signs or fences exceeding twenty -four (24) inches in height shall be permitted within the line -of -sight triangle described in Section 18.44.080 (Freestanding and Monument Signs — General) of Chapter 18.44 (Signs) and as shown on Engineering Standard Plan No. 115 (Per4 Arterial Highway and Commercial Drive - way Approaches) unless otherwise approved by the City Traffic and Transportation Manager. .050 Modifications. The setbacks prescribed in this section may be modified in connection with a conditional use permit as set forth in Chapter 18.66 (Conditional Use Permits), provided that minimum landscape requirements are met. 20 -13 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone 18.20.100 STRUCTURAL LOCATION AND BUILDING ORIENTATION. All buildings shall have the following orientation to the street: .010 All buildings shall be aligned either parallel or at right angles to the street rights- of -way. .020 All buildings adjacent to a public street shall maintain a continuous `street wall' formed by the edge of the building for a minimum of seventy percent (70 %) of the lot/parcel frontage adjacent to the street. .030 Parking lots and structures shall not be located directly adjacent to a public street but shall be placed internal to the block in a location screened from view of the public right -of- way or subterranean to the building. .040 Parking Structures. Parking structures shall be screened from view of the public right -of -way. 18.20.110 PUBLIC PARKS, RECREATIONAL- LEISURE AREAS AND LANDSCAPING. .010 Public Parks. Public parks shall be provided as follows: .0101 Parcels eight (8.0) acres or larger shall provide and construct an on -site public park at a minimum size of forty -four (44) square feet per unit. .01 Said park shall be bounded on at least one side by a public street with on -street parking. .02 This requirement is in addition to the payment of park -in -lieu fees; however, the value of the parkland dedication will be credited against overall park in lieu fees paid for the project. This credit will be given for park land dedication only. No credit will be given for improvements to the park or for recreational - leisure areas as required subject to 18.20.110.020 (Recreational- Leisure Areas). .0102 Parcels less than eight (8.0) acres in size shall pay a park -in -lieu fee. .020 Recreational- Leisure Areas. Two hundred (200) square feet of recreational- leisure area shall be provided for each dwelling unit and may be provided by private areas, common areas, or a combination of both. .0201 Common Recreational- Leisure Areas. All common recreational - leisure areas shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational - leisure area may be composed of active or passive facilities and may incorporate any required setback areas other than setback areas adjacent to public rights -of- way, private streets and alleys and interior property lines, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. The common recreational - leisure area shall have a minimum dimension of ten (10) feet. .01 Improvement of Common Recreational - Leisure Areas. All common recreational - leisure areas shall be landscaped with lawn, trees, shrubs or other plants as set forth in Chapter 18.46 (Landscaping and Screening) with the exception of reasonably 20 -14 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. (a) Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen -type walls installed incidentally to the primary plants in the landscaping shall be permitted and encouraged. (b) All required common recreational - leisure areas and other required open space areas shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. (c) Courtyards internal to a project or enclosed on at least three (3) sides shall have a minimum width of forty (40) feet and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio one (1) square foot of landscape to one (1) square foot of hardscape. Pools and spas shall be excluded from this ratio. (d) The base of a building shall be separated from adjacent common recreational - leisure area by a planter allowing a minimum thirty (30) inches planting width. .0202 Private Recreational- Leisure Areas. In order for private patios and balconies to count toward the Recreational- Leisure Area requirement, they must comply with the following: .01 Any private patios for ground floor units shall not be less than one hundred (100) square feet in area, with a minimum dimension of eight (8) feet. .02 Private balconies for dwelling units located entirely above the ground floor shall not be less than seventy (70) square feet in area, with a minimum dimension of seven (7) feet. .030 Landscaping. Landscaping, including fences, walls and hedges, shall be permitted and /or required subject to the conditions and limitations set forth herein and in Chapter 18.46 (Landscaping and Screening) except that the minimum plant size for a Date Palm, which shall be thirty ( 301- foot brown trunk height and a Mexican Fan Palm, which shall be twenty 20) brown trunk height. 18.20.120 PARKING, LOADING, AND VETIICULAR ACCESS .010 Number of Parking Spaces .0101 Number of Spaces for Residential Uses. The following minimum parking requirements shall be used in determining parking need: 20 -15 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone Table 204 MINIMUM PARKING REQUIREMENTS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Total Number of Bedrooms Minimum Number of Parking Spaces Per Unit 1 bedroom 1.5 spaces 2 bedroom 2.0 spaces 3 bedroom 2.5 spaces 4 bedroom 3.5 spaces .0102 Number of Spaces for Non - Residential Uses. The number of parking spaces for non - residential uses shall be determined by the type of use (use class) specified in Table 42 -A (Non- Residential Parking Requirements) of Chapter 18.42 (Parking and Loading). .0103 Number of Spaces for Mixed -Use Projects. Due to variations in parking demand and the needs of each project, vehicle parking requirements, the demand for drop -off and pick -up locations and the design of the parking areas, including ingress and egress, shall be determined as part of the final site plan review process by the City Traffic and Transportation Manager based upon information contained in a parking demand study prepared by an independent traffic engineer, as approved by the City Traffic and Transportation Manager. The narking demand studv shall be nrenared at the nronerty owner /developer's expense and provided as part of the final site plan application .0104 On -Street Parking. Parking located on a private or public street directly in front of a use may be considered for parking credit as p &A o ftl ie .aAEiag aema-a4 s.w. y , providing a parking management plan is approved by the City Engineer, which adequately addresses how parking will be limited to the use that it is intended to serve .01053 Tandem Parking. Tandem Parking may be permitted in conjunction with subterranean parking and tuck -under buildings, where both spaces are assigned to the same designated dwelling unit. .01064 Valet Parking. Valet parking may be permitted in conjunction with subterranean parking, provided valet services are provided for and managed by an on -site management company or homeowner's association. .01073 Drop -off and Pick -up Locations. Drop -off and pick -up locations shall be incorporated into the design of parking areas and the number, location and design demand €e� ^° shall be approved by the City Engineer .020 Designation of Parking for Residential and Non - Residential Uses. Parking spaces specifically designated for non - residential and residential uses shall be marked by the use of posting, pavement markings, and/or physical separation. Parking design shall incorporate separate entrances and exits, or a designated lane, for residents, so that residents are not waiting in line behind non - residential drivers. .030 Vehicle Access. All vehicle access shall be designed and improved in accordance with the requirements of the City Engineer. 20 -16 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0301 Primary Vehicle Access. Parcels located adjacent to Connector Streets shall have their primary vehicle access off of said streets. .0302 Minimum Distance Between Driveways of Arterials. The minimum distance between adjacent driveways on the same site or adjacent properties located along arterials shall be not less than three hundred and fifty (350) feet except as otherwise approved by the City Engineer. .0303 Vehicular Access from Katella Avenue. When two or more parcels or lots located adjacent to Katella Avenue are considered as a single, integrated development, additional driveways may be permitted subject to the Standard Driveway Detail requirements of the Public Works Department. .0304 Driveway Width Dimensions. Driveways shall be a minimum of twenty - four (24) feet wide, and a maximum of thirty -five (35) feet wide, in order to enhance the pedestrian experience. Wider widths may be allowed if pedestrian circulation is not significantly compromised, subject to the approval of the City's Traffic and Transportation Manager based on sound engineering practices. .040 Streets. As provided in The Platinum Triangle Master Land Use Plan, Connector Streets and a "Market Street" will be required within the PTMU Overlay Zone. The location of these streets shall be in conformance with The Platinum Triangle Master Land Use Plan and shall be approved by the City Engineer based on an access and alignment study. Additional Connector Streets may be required by the City Engineer based on projected traffic volumes as determined by a traffic study. .0401 The streets shall be designed to comply with the cross sections in The Platinum Triangle Master Land Use Plan provided that the final width, including supplemental turn lanes if required, shall be determined based on anticipated traffic volumes analyzed as part of a project specific traffic impact study to be reviewed and approved by the City Engineer. .0402 Traffic calming and special street design features such as enhanced paving and parkway tapers at intersections are permitted and encouraged, subject to the approval of the City Engineer. .050 Loading Areas. Off -street loading spaces shall be provided as follows: .0501 Non residential uses off -street loading requirements shall comply with requirements of Section 18.42. 100 (Loading Requirements). .0502 Residential uses. .01 Residential uses shall have one (1) off - street loading space or moving plaza for every one hundred and fifty (150) units. .02 Loading spaces or moving plazas shall be located near entries and /or elevators. .03 Loading spaces or moving plazas shall be incorporated into the design of vehicular access areas. .04 Decorative paving, removable bollards and potted plants are permitted and encouraged to enhance loading spaces or moving plazas. 20 -17 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .05 Loading spaces or moving plazas may be located on a local or Connector Street with the approval of the City Traffic and Transportation Manager. The adjacent parkway and setback landscape treatment shall be designed to allow for loading and unloading. 18.20.130 REFUSE STORAGE AND RECYCLING FACILITIES AND PRIVATE STORAGE AREAS .010 Refuse Storage and Recycling Facilities. Refuse storage areas and recycling facilities shall conform to the standards set forth in the document entitled "Refuse Container Enclosure for Multiple - Family Residential, Commercial, and Industrial Use" (Form 139) on file with the City of Anaheim or as otherwise approved by the Director of Public Works, with the additional requirement that the refuse storage facilities for residential and non - residential users shall be maintained as separate facilities and shall not allow commingling of the separate facilities. The storage areas shall be screened from adjacent public or private rights -of -way, or railroads. .020 Private Storage Areas. General storage cabinets with a minimum size of one hundred (100) cubic feet capacity shall be required for each dwelling unit. Provision of said storage areas shall be in addition to the minimum floor area of the unit. Storage areas may be located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio or in close proximity to the dwelling unit. 18.20.140 DESIGN STANDARDS. .010 The design of buildings within The Platinum Triangle shall be of the highest quality in massing, design details and amenities. .020 Amenities. High quality recreational and service amenities to serve the tenants of the residential complexes shall be provided. Such amenities may include, but are not limited to, private health clubs or fitness centers, meeting rooms, recreational rooms, pools, spas, dry cleaning collection and distribution, computer facilities, barbecues, decks, court game facilities, and community fireplaces. .030 Integrated Design. The design of buildings, signs, landscaping and other structures or elements shall feature a unified and integrated theme. .040 Architectural Massing. .0401 Regardless of style, a building shall not have a continuous roof or parapet line exceeding one hundred twenty (120) feet in length without vertical breaks that cause a change in height of at least six (6) feet. .0402 When a building exceeds two -- hundred forty (240) feet in length, building height shall step down in at least one location at least one (1) floor for a minimum length of twenty -four (24) feet. .0403. The wall plane of a building fayade shall not extend longer than eighty (80) feet without a break in the plane no less than three (3) feet in depth. .050 Facades. .0501 Street wall facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, 20 -18 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone and other details such as cornices and contrasting colors. Total blank wall areas (without windows or entrances) are prohibited. In addition to architectural massing requirements, building facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. .0502 Street wall facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian - oriented amenities. .0503 Buildings at corners of any street intersection not identified as requiring landmark architecture in The Platinum Triangle Master Land Use Plan, shall receive special treatment to enhance the pedestrian experience and create visual interest and focal points at the entryways such as but not limited to, building cut -offs and corner entrances with additional architectural detail. .0504 Tops of building facades shall be visually terminated through the use of cornices, stepped parapets, hip and mansard roofs, stepped terraces, domes and other forms of multifaceted building tops. .060 Architectural Detail. .0601 Buildings on corners must address both streets with an equal level of architectural detail. .0602 Projecting features to create visual interest and distinction between units, such as balconies, porches, bays, and dormer windows, are required. Trim detail on rooflines, porches, windows and doors on street - facing elevations are required. .0603 When trim is used, a minimum of one -inch by four -inch (1" x4") trim is required. .0604 With stucco walls, a minimum one -inch (1 ") deep raised relief around the window is required. .0605 With brick, a minimum two -inch (2 ") wide brickmold is required around windows. .0606 Corner boards (the board which siding is fitted at the corner of a frame structure) are required with wood or simulated wood sidings. .0607 Dormers must be authentic and either be habitable or provide attic ventilation and have a symmetrical gable, hip, shed or curved form. .0608 Windows shall have clear glazing, (panes or sheets of glass) or lightly tinted glazing e.g., low emissivity, solar, or spandrel glazing (opaque glass for concealing structural elements). Other types of mirror glazing (including tinted or opaque glass) are not permitted. .0609 Windows shall be recessed (not flush with the wall plane) to create shadow lines and to impart a three- dimensional design feature. .0610 All first floor exterior doors shall be hinged. Sliding glass doors are permitted only above the first floor and on rear or interior side yard elevations not visible from public rights -of -way or adjacent properties. 20 -19 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0611 Primary wall materials used on the front fayade must be repeated on the rear and side elevations. .0612 The lower thirty percent (30 %) portion of balcony rails shall be finished with a permanent, solid, building material that matches or is otherwise compatible with the building. .0612 Balconies shall provide penetrations in the building mass at least three (3) feet and create shadow and expose extended wall thickness. .070 Roof Treatments. .0701 Roofs shall be of a monochromic color and all penetrations and appurtenances shall be painted to match or be compatible with the roof color so that their visibility is minimized. .0702 Rooftop mechanical equipment shall be mounted behind major rooftop elements such as stair or elevator penthouses, parapets, or architectural projections so that the equipment is not visible from the adjacent public rights -of -way or adjacent property at grade level. .080 Parking Treatments. .0801 Parking structures shall be screened from view and shall include architectural detailing, fayade treatment, artwork, landscaping, or similar visual features to enhance the street fayade. .0802 The portions of any parking structure facing the street, excluding vehicular access areas, shall be "lined" with residential, live /work or other usable space to clad the face of the structure so that it is not visible from the adjacent street. .0803 Subterranean parking structures can extend above grade up to two feet six inches (2'6 ") without requiring cladding treatment as required above. .0804 Parking structures shall include a squeal -free floor treatment. .090 Service Areas. Service areas and mechanical/electrical/backflow prevention equipment shall be located and screened to reduce their visibility from public and communal gathering areas; methods of screening that are compatible with the project's architecture shall be utilized. .100 Landmark Architecture. Building architecture on key intersection corners as shown on The Platinum Triangle Master Land Use Plan requires special treatment. This treatment shall consist of the following: 1001 Tower element that demonstrates distinctive architectural features on the fayade by providing both greater height and off -set from the building wall plane. .1002 Enhanced pedestrian entry on the corner defined as including at least three (3) of the following characteristics: .01 Oriented on a diagonal to the corner. .02 Setback at least three (3) feet behind the building fayade. .03 Two (2) story entrance height and twenty (20) foot entrance width. 20 -20 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .04 Canopy, overhang or other architectural covering over the building entry. .05 Other architectural element of a size and scale easily visible from at least one block away and customized for that specific corner location. .06 Decorative landscaping, hardscape, planters and/or fountains. .110 Building Treatment Adjacent to Streets. Consistent with the goal of creating walkable and safe neighborhoods, the ground floor of a building and the space between the building and street requires "pedestrian friendly" design treatments. 1101 Commercial Ground Floor Treatment. When the ground floor is intended for retail or other commercial use in a vertically mixed use building, the ground floor elevation exposed to the street shall provide: .01 Primary pedestrian access directly from the adjacent public street frontage. .02 A maximum eighteen (18) inch deep area, measured out from the face of the building, within which a commercial tenant may customize store front design. .03 A pedestrian signage area at least twenty -four (24) inches in height integrated into the front ground floor elevation of the building. .04 An average of fourteen (14) foot floor to ceiling height on the retail ground floor. .05 Projecting signs. .06 Approximately twice the amount of window area on the ground floor compared to other floors. .07 At least one (1) of the following devices shall be used to visually differentiate the retail from other levels: (a) Minimum two (2) foot setback between the ground and upper floors, up to six (6) feet setback is allowed; (b) Use of overhangs, awnings or trellis work for at least sixty percent (60 %) of the frontage. .1102 Arterial Streets — Residential Ground Floor. When residential ground floor use is adjacent to an arterial street, the ground floor shall be designed to provide the following: .01 At least one (1) residential entry into a communal lobby or courtyard per block. .02 Dwelling unit patios shall be located at least eighteen (18) inches above the sidewalk grade. .1103 Connector Streets — Residential Ground Floor. When residential ground floor use is adjacent to a Connector Street, regardless of the number of floors, the ground floor shall be designed to provide the following: 20 -21 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .01 Communal or individual dwelling unit entries accessible from the adjacent street and/or individual dwelling unit walkway connections to the adjacent street sidewalk. .02 Residential entry stoops, patios or communal entries shall be at least eighteen (18) inches above the sidewalk grade for a minimum of fifty percent (50 %) of the entries along connector streets. .120 Pedestrian Circulation. On -site pedestrian circulation shall be continuous and connect various on site uses and, where feasible, connect to off -site transit stops. 18.20.150 SIGNS. .010 Coordinated Program. A coordinated sign program is required to be submitted to the Planning Department prior to the issuance of the first sign permit and shall address the following: .0101 Signs shall complement the architecture of the building and provide a unifying element along the streetscape. .0102 The size, scale, and style of signs shall be internally consistent and consistent with the scale of the buildings which they are a part. .0103 Wall signs shall be placed between the ground floor doorways and the upper facades and shall be located at approximately the same height to create a unifying, horizontal pattern. .020 Applicability of other Regulations. The provisions in Chapter 18.44 (Signs), shall apply to projects within the PTMU Overlay Zone except as provided below: .0201 Awning signs and projecting signs are permitted for buildings with ground floor commercial uses. .0202 Thematic elements or three - dimensional object or non - habitable structure such as a gateway, tower, sculpture, spire and similar architectural features to entertain pedestrians are permitted. 18.20.160 COMPATIBLITY STANDARDS. The following standards are intended to ensure the compatibility of uses in a mixed -use project. .010 Security. Residential units shall be designed to ensure the security of residents through the provision of secured entrances and exits that are separate from the non - residential uses and are directly accessible to parking areas. Non - residential and residential uses shall not have common entrance hallways or common balconies. These separations shall be shown on the development plan and the separations shall be permanently maintained. .020 Restriction on Activities. Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. No use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m. 20 -22 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .0340 Vibrations and Odors. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. .0430 Lighting. Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash, or oscillate. .050 Windows. Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. 18.20.165 GATEWAY DISTRICT SUB —AREA B STANDARDS Multiple - family development in the Gateway District Sub -Area B shall be subject to the approval of Conditional Use Permit No. 2003 - 04763, as may be amended from time to time, as set forth in Table 20-A (Primary Uses: The Platinum Triangle Mixed -Use (PTMU) Overlay Zone) and shall comply with all of the provisions of Chapter 18.20 (The Platinum Triangle Mixed Use Overlay Zone) except as set forth in Section 18.20.170 (Implementation) or as set forth below: .010 The required setbacks prescribed in Section 18.20.090 (Structural Setbacks) shall be applicable except as set forth below: .01 No minimum setback area is required adjacent to the interior southerly property line abutting the cEity boundary adjacent to the City of Orange. .02 Where an on -site driveway is provided between two buildings, no minimum landscaped area is required; however, building walls shall be planted with clinging vines. .020 The required public park provision and construction requirements prescribed in paragraph .0101 of subsection 18.20.110 (Public Parks Recreational - leisure Areas and Landscaping)) shall not be applicable to development in Sub--Area B; however, payment of park -in -lieu fees is required. .030 The standards prescribed in rparagraph .0403 of subsection 18.20.140.040 (Architectural Massing) subsection .0403 shall not be applicable. .040 The standards prescribed in c "paragraph .0610 of subsection 18.20.140.060 (Architectural Detail) subsection .0610 shall not be applicable. .050 The standards prescribed in NeetioH- paragraph 18.20.140.110.1102 (Arterial Streets — Residential Ground Floor) shall not be applicable. 18.20.170 IMPLEMENTATION. An approved f£4n1 sSite pPlan and a dDevelopment a Agreement between the property owner and the City of Anaheim are required for all development under the PTMU Overlay Zone in the Katella, Gene Autry and Gateway Districts except as exemp4 jadicated -under subsection 18.20.170.010.0101 (Master Site Plan) and 18.20. 170. 020.0201 (dDevelopment agreement Exemptions). Development within the Stadium and Arena Districts shall be subject to the requirements of the underlying PR (Public Recreation) or T (Transitional) Zones. 20 -23 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .010 Final Site Plan Review. A fEinal site pPlan 2Application for development in the Katella, Gene Autry and Gateway Districts shall be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. Said application shall include, but not be limited to, Site Plans, Floor Plans, Elevations, Landscape Plans, Sign Plans and any other such information as determined by the Planning Director. The approved fliinal site pPlan shall be attached as an exhibit to the dDevelopment aAgreement as required pursuant to subsection - 18.20.170.020 (dDevelopment aAgreement) and submitted to Planning Commission and City Council for review at a noticed Public Hearing. .0101 Master Site Plan. For projects over fifteen (15) acres, an approved master site plan may be attached to a development agreement in lieu of an approved final site plan. If a master site plan is attached to the Development Agreement, final site plans shall be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan prior to issuance of building permits. A master site plan shall include any such information as determined by the Planning Director. .01024 Variances. A fliinal sSite pPlan or master site plan which includes a request for a Variance shall have an application for said Variance processed concurrently with the dDevelopment a4greement. .01032 Conditional Use Permit. A fEinal site pPlan or master site plan which includes a request for a cConditional u8se pPermit shall have an application for said cGonditional ul3se pPetmit processed concurrently with the dDevelopment aAgreement. .020 Development Agreement. A dDevelopment aAgreement shall be processed for all development under the PTMU Overlay in the Katella, Gene Autry and Gateway Districts, except as exempt under s4seetieir 18.20.170.020.0201 (Development Agreement Exemptions) and paragraph 18.20. 170. 020.0202 (Development ^ gree eiit E°,... .hens) per Resolution No. 82R -565 (Procedures Resolution) adopted by the City pursuant to Section 65865 of the Development Agreement Statute. The form of the dDevelopment a Agreement shall be as approved per City Council Resolution No. 2004 -179 on file in the Office of the City Clerk except as indicated under subsection 18.20.170.020.0203 (Development Agreements in conjunction with a Master Site Plan) A fPinal sSite pPlan or master site plan found to be in accordance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan shall be attached as an exhibit to said dDevelopment aAgreement. .0201 Development Agreement Exemptions —Following construction and commencement of operation of a project that has been implemented pursuant to an approved dDevelopment aAgreement, the following projects or improvements do not require a dDevelopment aAgreement; however, plans for said projects or improvements shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign permits. .01 Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building. 20 -24 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .02 Minor building additions or improvements interior to or at the rear of a building or development complex which are not visible from the public right -of -way; do not exceed five percent of the building's gross square footage or one - thousand ( 1,0001 square feet, whichever is lessef, are in substantial conformance with the building envelope; and are in conformance with the Design Plan and the Zoning and Development Standards set forth in this chapter. .03 Exterior fagade improvements which do not add to the gross square footage of a building or development complex, are not visible from the public right -of -way, and are in substantial conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .04 Signage, including wall signs and on -site directional /informational signs, -ate which sign&-are in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .05 Landscape/hardscape improvements or modifications which are not in connection with building modifications and are in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .06 Conditionally permitted uses that will not increase the square footage or parking demand of the existing development as determined by the Planning Director and City Engineer. .0202 Multiple == fEamily development in the Gateway District Sub- -Area B as which is authorized by au- approved Conditional Use Permit No. 2003 - 04763, shall be exempt from the requirements for the property owner to enter into a dDevelopment aAgreement with the City of Anaheim. .0203 Development Agreements in coniunction with a Master Site Plan. The form of a development agreement used in conjunction with a master site plan shall be as approved per City Council Resolution No. 2004 -179 on file in the Office of the City Clerk with the exception that the term "final site plan" shall be replaced with "master site plan" and that a time extensions may be reauested provided that proiect milestones are met as indicated in the development agreement .030 Environmental Review. Development aAgreement rReview by the Planning Commission shall include an environmental determination for the proposed project as depicted in the ff-mal sSite pglan or master site plan 20 -25 ATTACHMENT NO. 4 -A ADDITIONS AND REFINEMENTS TO THE AMENDMENT TO THE PTMU OVERLAY ZONE (ZONING CODE AMENDMENT NO. 2004 - 00036) Draft Resolution Anaheim Zoning Code 15.20.040 DEVELOPMENT DISTRICTS. The Platinum Triangle Mixed Use Overlay Zone .010 Purpose. To permit the maximum amount of development in The Platinum Triangle consistent with the General Plan and the infrastructure capacity analyzed by EIR No. 330 and EIR No. 332 the PTMU Overlay Zone establishes land use intensities for each of the following Development Districts: Arena District, Gateway District, Gene Autry District, Katella District and Stadium District. The boundaries of the Development Districts are depicted in The Platinum Triangle Master Land Use Plan which boundaries are incorporated herein by this reference. .020 Table 20 -D (Development Intensities: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) indicates the maximum land use intensities analyzed by EIR No. 330 and EIR No. 332. The Planning Department will maintain an accounting of the total amount of square footage approved within each district. Development shall not exceed the overall total land use intensity for The Platinum Triangle (PTMU) Overlay or the intensity identified for each District. Table 20 -D DEVELOPMENT INTENSITIES: THE PLATINUMTRIANGLE MIXED USE (PTMU) OVERLAY ZONE Maximum Dwelling aximum Office Maximum *Distr ict ct Units Square Footage Commercial Square Footage Arena 425 100,000 100,000 Gateway ** 1,7-SO 2 075 530,000 50,000 Gene Autry 1,000 100,000 50 174,100 Katella 4,250 775,000 544,300 630.300 Stadium 1,750 1,760,000 1,300,000 Total 9i-7-59 3,265,000 1,444,4W2 .254,400 * For properties along Gene Autry Way, the additional 4'6" of public right- of- way 12er General Plan Amendment No. 2004 -00420 may be counted towards the property's total acreage when determining density. * * The Gateway District encompasses Sub -Areas A, and C R as depicted in 4The Platinum Triangle Master Land Use Plan (321 dwelhne units within the Gateway District are specifically allocated to Sub -Area C). 20 -7 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone .10 Open, unenclosed balconies that encroach into the required street setback no more than three (3) feet. 11 Covered or uncovered entrances that do not extend above the level of the first floor of the building and that include a wall not more than thirty -six (36) inches in height that encroach into the required street setback no more than five (5) feet. .12 Fences, walls and hedges that comply with Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chanter 18.46 Landscaping and Screening) and subsection 18.20.030. (Accessory Uses). .0104 Improvement of Walkways within the Setback Area Required. Adjacent to St C o lle g e B vE _a Gen Autry Way and— Orangewood Avenue, the portion of the setback adjacent to the right -of -way shall be improved with a walkway as indicated in Table 20- H and as shown in The Platinum Triangle Master Land Use Plan. An easement for said walkway shall be provided to the City. Table 20 -H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS -OF -WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Permitted Street Minimum Setback Encroachments Required Landscape Katella 18 feet Patios: 8 feet • The area between residential patios and the Avenue sidewalk/walkway (see below) shall be fully Residential landscaped buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Ground floor • A date palm matching the date palm in the public commercial: 4 feet right -of -way in spacing and height shall be installed 5 feet from the right -of -way as indicated on the Platinum Triangle Master Land Use Plan State • South of Gene Autry Way: 13 feet Patios: 8 feet - The area between residential patios and the College • North of Gene Autry Way to railroad sidewalk/walkway (see below) shall be fully Boulevard grade separation: 16 feet Residential landscaped • North of railroad grade separation: buildings: 3 feet* • Adjacent to ground floor commercial uses, up to 80% 20 feet of the setback area may be paved Ground floor A 2.5 .....lk .hall b ___.:a..,, .,,ja to RO commercial: 4 -8 feet Gene Autry 4-29_5 feet Patios: 5 feet • The area between residential patios and the Way sidewalk/walkway (see below) shall be fully Residential landscaped buildings: 3 feet* • Adjacent to ground floor commercial uses, up to * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. 20 -11 $0100% of the setback area may be paved ron vided Ground floor required Mexican Fan Palm trees in setback areas are commercial: 5 feet provided 20 feet on- center outdoor • A 2.S walkway shall be provided adjacent to ROW, restaurant seating scored to match adjacent sidewalk and an easement areas may provided to the City * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. 20 -11 Anaheim Zoning Code The Platinum Triangle Mixed Use Overlay Zone subsection 18.20.170.020 (development agreement) and submitted to Planning Commission and City Council for review at a noticed Public Hearing. .0101 Master Site Plan. For projects over €ifteerq twelve (4312) acres, an approved master site plan may be attached to a development agreement in lieu of an approved final site plan. If a master site plan is attached to the Development Agreement, final site plans shall be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan prior to issuance of building permits. A master site plan shall include any such information as determined by the Planning Director. .0102 Variances. A final site plan or master site plan which includes a request for a Variance shall have an application for said Variance processed concurrently with the development agreement. .0103 Conditional Use Permit. A final site plan or master site plan which includes a request for a conditional use permit shall have an application for said conditional use permit processed concurrently with the development agreement..020 Development Agreement. A development agreement shall be processed for all development under the PTMU Overlay in the Katella, Gene Autry and Gateway Districts, except as exempt under paragraph 18.20.170.020.0201 (Development Agreement Exemptions) and paragraph 18.20.170.020.0202 per Resolution No. 82R -565 (Procedures Resolution) adopted by the City pursuant to Section 65865 of the Development Agreement Statute. The form of the development agreement shall be as approved per City Council Resolution No. 2004 -179 on file in the Office of the City Clerk except as indicated under subsection 18.20.170.020.0203 (Development Agreements in conjunction with a Master Site Plan). A final site plan or master site plan found to be in accordance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan shall be attached as an exhibit to said development agreement. .0201 Development Agreement Exemptions — Following construction and commencement of operation of a project that has been implemented pursuant to an approved development agreement, the following projects or improvements do not require a development agreement; however, plans for said projects or improvements shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign permits. .01 Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building. .02 Minor building additions or improvements interior to or at the rear of a building or development complex which are not visible from the public right -of -way; do not exceed five percent of the building's gross square footage or one - thousand (1,000) square feet, whichever is less; are in substantial conformance with the building envelope; and are in conformance with the Design Plan and the Zoning and Development Standards set forth in this chapter. .03 Exterior fagade improvements which do not add to the gross square footage of a building or development complex, are not visible from the public right -of -way and 20 -24 ATTACHMENT NO. 5 REVISIONS TO THE PLATINUM TRIANGLE STANDARDIZED DEVELOPMENT AGREEMENT (MISCELLANEOUS CASE NO. 2005 - 00114) RECORDING REQUESTED BY AND WIZEN RECORDED RETURN TO: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92805 (Space Above Line For Recorder's Use) DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND TABLE OF CONTENTS Page RECITALS Section 1. DEFINITIONS 1.1 1.2 Authorizing Ordinance 1.3 CITY 1.4 Development 1.5 Development Agreement Date 1.6 Development Agreement Statute 1.7 Development Approvals 1.8 Enabling Ordinance 1.9 Existing Land Use Regulations. 1.10 Final Site Plan 1.11 Gross Floor Area/GFA 1.12 Interim Development Fee 1.13 Mortgage 1.14 Mortgagee 1.15 Owner 1.16 Parking Areas 1.17 Permitted Buildings 1.18 Platinum Triangle Area 1.19 Procedures Resolution 1.20 Proiect 1.21 Prope 1.22 Support Commercial Uses 1.23 Term Section 2. TERM Section 3. BINDING COVENANTS Section 4. EFFECT OF AGREEMENT Section 5. PROJECT LAND USES Section 6. PERMITTED BUILDINGS Section 7. DENSITY OF PERMITTED BUILDINGS 7.1 Permitted Buildings 7.2 Parking Areas Section 8. ENFORCEMENT Section 9. PUBLIC IMPROVEMENTS AND SERVICES 9.1 Public Park 9.2 Utilities (Water, Electrical, Gas, Sewer, & Drainage) 9.2.1 Water Service .................................................................. ............................... 9.2.2 Storm and Sewer Drains 9.3 Timing, Phasing and Sequence of Public Improvements and Facilities 9.4 Traffic Circulation Improvements Section 10. REIMBURSEMENT PROVISION Section 11. DEDICATIONS AND EXACTIONS Section 12. FEES, TAXES AND ASSESSMENT 12.1 Fees, Taxes and Assessments 12.2 Platinum Triangle Interim Development Fees ................ ............................... 12.2.1 Electrical Utilities Undergrounding Fee ......................... ............................... 12.2.2 Fire Facilities Fee ............................................................ ............................... 12.2.3 General Plan and Environmental Processing Fee ........... ............................... 12.2.4 Library Facilities Fee ...................................................... ............................... 12.2.5 Park Fee ..................... ................................................ ............................... 12.2.7 Public Works Supplemental Sewer, Storm Drain and Beautification Fees 12.2.8 Traffic Impact Fee .......................................................... ............................... 12.3 Excluded Development Fees 12.3.1 Water Utilities Fees 12.3.2 Electrical Utilities Fees 12.3.3 City Processing Fees 12.4 Platinum Triangle Area Infrastructure Funding Shortfall Fees 12.5 Accounting of Funds 12.6. Imposition of Increased Fees, Taxes or Assessments Section 13 COVENANTS CONDITIONS AND RESTRICTIONS Section 14 NEXUS/REASONABLE RELATIONSHIP CHALLENGES .................................. Section 15. TIMING OF DEVELOPMENT Section 16. EXISTING USES AND REZONING 16.1 Existing Uses 16.2 Rezoning Section 17. FUTURE APPROVALS 17.1 Basis for Denying or Conditionally Granting Future Approvals 17.2 Standard of Review 17.3 Future Amendments to Final Site Plan Section 18 AMENDMENT 18.1 Initiation of Amendment 18.2 Procedure 18.3 Consent 18.4 Amendments 18.5 Effect of Amendment to Development Agreement Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY 19.1 Non - Cancellation of Rights Section 20. BENEFITS TO CITY Section 21. BENEFITS TO OWNER Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE Section 23. RESERVED AUTHORITY 23.1 State and Federal Law 23.2 Building Codes 23.3 Public Health and Safety Section 24. CANCELLATION 24.1 24.2 24.3 Section 25. PERIODIC REVIEW Initiation of Cancellation Procedure Consent of Both Parties 25.1 Time for Review 25.2 OWNERS Submission 25.3 Findings 25.4 Initiation of Review by City Council Section 26. EVENTS OF DEFAULT 26.1 Defaults by OWNER 26.2 Specific Perfonnance Remedy 26.3 Liquidated Damages Remedy Section 27. MODIFICATION OR TERMINATION 27.1 Notice to OWNER 27.2 Public Hearing 27.3 Decision 27.4 Implementation 27.5 Schedule for Compliance Section 28. ASSIGNMENT 28.1 Right to Assign 28.2 Release upon Transfer Section 29. NO CONFLICTING ENACTMENTS Section 30. GENERAL 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 Cure 30.21 Force Majeure Construction of Development Agreement Severability Cumulative Remedies Hold Harmless Agreement Cooperation in the Event of Legal Challenge Public Agency Coordination Initiative Measures Attorneys' Fees No Waiver Authority to Execute Notice Captions Consent Further Actions and Instruments Subsequent Amendment to Authorizing Statute Governing Law Effect on Title Mortgagee Protection Notice of Default to Mortgagee; Right of Mortgageeto Bankruptcy 30.22 Disaffirmance 30.23 No Third Party Beneficiaries 30.24 Proiect as a Private Undertaking 30.25 Restrictions 30.26 Recitals 30.27 Recording 30.28 Title Report 30.29 Entire Agreement 30.30 Successors and Assigns 30.31 OWNER'S Title to Property 30.32 Exhibits LIST OF EXHIBITS Exhibit "A" Legal Description of the Property Exhibit "B" Final Site Plan Exhibit "C" Conditions of Approval Exhibit "D" Platinum Triangle Interim Development Fees Exhibit "D -1" Electrical Utilities Undergrounding Fee Exhibit "D -2" Fire Facilities Fee Exhibit "D -3" General Plan and Environmental Processing Fee Exhibit "D -4" Library Facilities Fee Exhibit "D -5" Park Fee Exhibit "D -6" Police Facilities Fee Exhibit "D -7" Public Works Supplemental Sewer, Storm Drain and Beautification Fees Exhibit "D -8" Traffic Impact Fee Exhibit "D" Development and Maintenance Obligations Exhibit "E" Preliminary Title Report DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND This Development Agreement is entered into this _ day of 20_, by and between the City of Anaheim, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY ") and (hereinafter "OWNER "), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Statute "). RECITALS This Development Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq., of the Government Code. The Development Agreement Statute authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things: encourage and provide for the development of public facilities in order to support development projects; provide certainty in the approval of development projects in order to avoid the waste of resources and the escalation in project costs and encourage investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public; provide assurance to the applicants of development projects (1) that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects and provisions of such development agreements, and (2) encourage private participation in comprehensive planning and reduce the private and public economic costs of development. B. These Recitals refer to and utilize certain capitalized terms which are defined in this Development Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. C. On May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004 -00419 setting forth the City's vision for development of the City of Anaheim (the "General Plan Amendment "), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ( "FEIR No. 330 "), in conjunction with its consideration and approval of the General Plan Amendment, amendment of CITY's zoning code, and a series of related actions. D. CITY desires that the approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north (hereinafter called "The Platinum Triangle Area ") be developed as a combination of high quality industrial, office, commercial and residential uses, as envisioned in the General Plan Amendment. E. In order to carry out the goals and policies of the General Plan for The Platinum Triangle, on May 25, 2004, the City Council approved The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle. F. To further implement the goals and policies of the General Plan for The Platinum Triangle, the City Council has established The Platinum Triangle Mixed -Use (PTMU) Overlay Zone (hereinafter the "PTMU Overlay Zone ") consisting of approximately three hundred and seventy -five acres within The Platinum Triangle as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality well- designed development projects that could be stand -alone projects or combine residential with non - residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. G. On the Anaheim 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 ( "FSEIR No. 332 ") to provide for the implementation of the Platinum Triangle Master Land Use Pland 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. FiH. OWNER represents that it owns in fee approximately acres of real property located at in the City, County of Orange (hereinafter "County "), State of California (hereinafter collectively called the "Property ") in The Platinum Triangle and zoned PTMU Overlay and more particularly shown and described on Exhibit "A" attached hereto and made a part hereof by this reference. I4I. OWNER desires to develop the Property in accordance with the provisions of this Development Agreement by developing a all as more particularly set forth in the Final Site Plan (hereinafter collectively called the "Project "). H. CITY desires to accomplish the goals and objectives set forth in the CITY's General Plan and the objectives for the PTMU Overlay Zone as set forth in subsection 18.20.010.020 of the Anaheim Municipal Code, and finds that the Project will accomplish said goals and objectives. K3. The City Council, as duly recommended by the Planning Commission, adopted Ordinance No. 5936 on August 24, 2004 reclassifying the property in The Platinum Triangle, including the Property, into the PTMU Overlay Zone. LI4. Pursuant to the Final Site Plan, OWNER will submit tentative maps and/or vesting tentative maps, if required. OWNER further anticipates the submission of detailed construction plans and other documentation required by CITY in order for the OWNER to obtain its building permits. ME. As consideration for the benefits gained from the vested rights acquired pursuant to the Development Agreement Statute, to conform with the requirements of the PTMU Overlay Zone, and to comply with the applicable mitigation measures imposed by Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Program No. for the Project , CITY is requiring that OWNER construct and install a number of public improvements, including off -site traffic circulation improvements, and provide other public benefits. NM. In order to avoid any misunderstandings or disputes which may arise from time to time between OWNER and CITY concerning the proposed development of the Project and to assure each party of the intention of the other as to the processing of any land use entitlements which now or hereafter may be required for such development, the parties believe it is desirable to set forth their intentions and understandings in this Development Agreement. In order for both CITY and OWNER to achieve their respective objectives, it is imperative that each be as certain as possible that OWNER will develop and that CITY will permit OWNER to develop the Project and public improvements as approved by CITY within the time periods provided in this Development Agreement. ON. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23, 1982, which makes CITY subject to the Development Agreement Statute. Pursuant to Section 65865 of the Development Agreement Statute, CITY adopted Resolution No. 82R -565 (the "Procedures Resolution ") on November 23, 1982. The Procedures Resolution establishes procedures and requirements for the consideration of development agreements upon receipt of an application. P9. On , 20, as required by Section 1.0 of the Procedures Resolution, OWNER submitted to the Planning Department an application for approval of a development agreement (hereinafter called the "Application "). The Application included a proposed development agreement (the "Proposed Development Agreement "). QP. On 20_, as required by Section 65867 of the Development Agreement Statute and Section 2.1 of the Procedures Resolution, the Planning Director gave public notice of the City Planning Commission's intention to consider a recommendation to the City Council regarding adoption of a development agreement. RQ. On 20 as required by Section 65867 of the Development Agreement Statute and Section 2.2 of the Procedures Resolution, the City Planning Commission held a public hearing on the Application. S.R. On that date, the City CE) mw4 Planning Commission after considering an Initial Study conducted pursuant to CEQA for this Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined and recommended that the City Council find that FSEIR No. 3302 previously certified by the City Council for the implemention of The Platinum Triangle and related projects, together with the Updated & Modified Mitigation Monitoring Plan No. 106A for The Platinum Triangle, an 4 ,, Miti 4 N.,. , P . fa , iafi f or- th n ., i n greo ea . & a h n.-, eet together with Mitigation Monitoring Program No. 430— are adequate to serve as the required environmental documentation for this Development Agreement and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. ST. The Planning Commission further found that the Development Agreement meets the following standards set forth in Section 2.3 of the Procedures Resolution, to wit, that the Proposed Project: (a) is consistent with the CITY's existing General Plan, (b) is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, (c) is compatible with the orderly development of property in the surrounding area and (d) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY. Based upon the aforesaid findings, the City Planning Commission recommended that the City Council approve the Application and this Development Agreement pursuant to Resolution No. PC -TU. On , 20, as required by Section 65867 of the Development Agreement Statute and Section 3.1 of the Procedures Resolution, the City Clerk caused public notice to be given of the City Council's intention to consider adoption of a development agreement. UV. On 20, as required by Section 65867 of the Development Agreement Statute and Section 3.2 of the Procedures Resolution, the City Council held a public hearing on the Application. VW. On that date, the City Council after considering an Initial Study conducted pursuant to CEQA for this Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined that FSEIR No. 3329 previously certified by the City Council for the Atta en- ded "°°° - °' P!an implementation of The Platinum Triangle and related projects, together with the Updated & Modified Mitigation Monitoring Plan No. 106A for The Platinum Triangle, a -aa a P44ig wr,. i r,,.,.i.. fa 4i a ff f or- tw . P ON ' 8 1 8 pffl n t n gy - 08 . OR °al together with Mitigation Monitoring Program No. 439 —, are adequate to serve as the required environmental documentation for this Development Agreement and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. WX. On , 20 the City Council found and determined that this Development Agreement: (i) is consistent with the CITY's existing General Plan; (ii) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY; (iii) is entered into pursuant to and constitutes a present exercise of the CITY's police power; and (iv) is entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Statute and the Procedures Resolution. kY. In preparing and adopting the General Plan and in granting the Development Approvals, CITY considered the health, safety and general welfare of the residents of CITY and prepared in this regard an extensive environmental impact report and other studies. Without limiting the generality of the foregoing, in preparing and adopting the General Plan and in granting the Development Approvals, the City Council carefully considered and determined the projected needs (taking into consideration the planned development of the Project and all other areas within the CITY) for water service, sewer service, storm drains, electrical facilities, traffic /circulation infrastructure, police and fire services, paramedic and similar improvements, facilities and services within The Platinum Triangle, and the appropriateness of the density and intensity of the development comprising the Project and the needs of the CITY and surrounding areas for other infrastructure. -Y—Z. On , 20 the City Council adopted the Authorizing Ordinance authorizing the execution of this Development Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, as it applies to CITY, and pursuant to the Enabling Ordinance, the Procedures Resolution and the CITY's inherent powers as a charter city, and pursuant to the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. The following words and phrases are used as defined terms throughout this Development Agreement, and each defined term shall have the meaning set forth below. 1.1 Assessment District "Assessment District" for purposes of this Development Agreement means a special district, assessment district or benefit area existing pursuant to State law or the charter powers of the CITY for purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a distinct geographic area of the CITY. 1.2 Authorizing Ordinance The "Authorizing Ordinance" means Ordinance No. approving this Development Agreement. 1.3 CITY The "CITY" means the City of Anaheim, a charter city and municipal corporation, duly organized and existing under its charter and the Constitution and laws of the State of California. 1.4 Development "Development' means the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project, including, without limitation: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of structures and buildings and the installation of landscaping. 1.5 Development Agreement Date The "Development Agreement Date" means the latestr- of (i) the date of recordation in the office of the County Recorder of this Development Agreement, or a memorandum thereof, or (ii) the effective date of the Authorizing Ordinance. 1.6 Development Agreement Statute The "Development Agreement Statute" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Development Agreement Date. 1.7 Development Approvals "Development Approvals" means the Final Site Plan and all site specific plans, maps, permits and other entitlements to use of every kind and nature contemplated by the Final Site Plan which are approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans, tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading, building and other similar permits. To the extent any of such site specific plans, maps, permits and other entitlements to use are amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, 'Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended. 1.8 Enabling Ordinance The "Enabling Ordinance" means Ordinance No. 4377 enacted by the CITY on November 23, 1982. 1.9 Existing Land Use Regulations "Existing Land Use Regulations" mean the ordinances and regulations adopted by the City of Anaheim in effect on the Effective Date, including the adopting ordinances and regulations that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Property, including, but not limited to, the General Plan, the Zoning Code, The Platinum Triangle Master Land Use Plan, Mitigation Monitoring Plan No. , Updated and Modified Mitigation Monitoring Program No 106A , and all other ordinances of the City establishing subdivision standards, park regulations, impact or development fees and building and improvement standards, but only to the extent the Zoning Ordinance and such other regulations are not inconsistent with this Development Agreement. Existing Land Use Regulations do not include non -land use regulations, which includes taxes. 1.10 Final Site Plan The "Final Site Plan" means the Project as described in this Development Agreement and conditions with respect thereto, as set forth as Exhibit 'B" attached hereto and made a part hereof by this reference. 1.11 Gross Floor Area/GFA "Gross Floor Area" or "GFA" means the gross floor area of any of the pPermitted bguildings. 1.12 Interim Development Fees "Interim Development Fees" are the fees imposed within The Platinum Triangle pending adoption of permanent fee programs by the City as set forth in Paragraph 12.2 of this Agreement. 1.13 Mortgage "Mortgage" means a mortgage, deed of trust or sale and leaseback arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security. 1.14 Mortgagee "Mortgagee" means the holder of the beneficial interest under a Mortgage, or the owner of the Property, or interest therein, under a Mortgage. 1.15 Owner "Owner" is , and any person or entity with which or into which may merge, and any person or entity who may acquire substantially all of the assets of I and any person or entity who receives any of the rights or obligations of under this Development Agreement in accordance with the provisions of Section 28 (Assignment) of this Development Agreement. 1.16 Parking Areas The "Parking Areas" means all parking structure(s), and/or all surface parking servicing the Project. 1.17 Permitted Buildings "Permitted Buildings" includes all buildings and the Parking Areas as identified in Section 6 of this Development Agreement and as further set forth in the Final Site Plan. This Development Agreement establishes maximum and minimum characteristics for each of the Permitted Buildings as set forth in the Final Site Plan. 1.18 Platinum Triangle Area "The Platinum Triangle" means that portion of the City of Anaheim generally bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison Easement. 1.19 Procedures Resolution The "Procedures Resolution" is Resolution No. 82R -565 adopted by CITY pursuant to Section 65865 of the Development Agreement Statute. 1.20 Project The "Project" means the development project contemplated by the Development Plan with respect to the Property, including but not limited to on -site and off -site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Development Agreement. 1.21 Property. The "Property" means that certain real property shown and described on Exhibit "A" to this Development Agreement. 1.22 Support Commercial Uses "Support Commercial Uses" are commercial \retail uses which may include retail uses, banking or financial offices, food service, restaurants, service establishments and other similar uses in keeping with the nature of the Project and the required uses needed to support the occupants of office buildings, other office development, sports and entertainment venues and residential development in The Platinum Triangle. 1.23 Term. "Term" is defined in Section 2 of this Development Agreement. Section 2. TERM 2.1 The term (hereinafter called "Term ") of this Development Agreement shall be that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for a period of five (5) years thereafter, terminating at the end of the day on the fifth anniversary of the Development Agreement Date, subject to the periodic review and modification or termination provisions defined in Section 25 and Section 27, respectively, of this Development Agreement, and further subject to a reasonable extension for completion of the Project in accordance with the Timing of Development schedule set forth in Section 15 of this Development Agreement. 2.2 This Development Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order, after all appeals have been exhausted, directed to CITY as a result of any lawsuit filed against CITY to set aside, withdraw or abrogate the approval of the City Council of this Development Agreement or if termination occurs pursuant to the provisions of the Procedures Resolution and such termination is so intended thereby. 2.3 If not already terminated by reason of any other provision in this Development Agreement, or for any other reason, this Development Agreement shall automatically terminate and be of no further force and effect upon completion of the Project pursuant to the terms of this Development Agreement and any further amendments thereto and the issuance of all occupancy permits and acceptance by CITY of all dedications and improvements as required by the development of the Project. Section 3. BINDING COVENANTS The provisions of this Development Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits of this Development Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. Section 4. EFFECT OF AGREEMENT As a material part of the consideration of this Development Agreement, unless otherwise provided herein, the parties agree that the Existing Land Use Regulations shall be applicable to development of the Project. In connection with all subsequent discretionary actions by CITY required to implement the Final Site Plan and any discretionary actions which CITY takes or has the right to take under this Development Agreement relating to the Project, including any review, approval, renewal, conditional approval or denial, CITY, shall exercise its discretion or take action in a manner which complies and is consistent with the Final Site Plan, the Existing Land Use Regulations (as the same may be modified in accordance with this Development Agreement) and such other standards, terms and conditions expressly contained in this Development Agreement. CITY shall accept and timely process, in the normal manner for processing such matters as may then be applicable, all applications for further approvals with respect to the Project called for or required under this Development Agreement, including, any necessary site plan, tentative map, vesting tentative map, final map and any grading, construction or other permits filed by OWNER in accordance with the Development Approvals. Section 5. PROJECT LAND USES The Property shall be used for such uses as may be permitted by the Development Approvals and the Existing Land Use Regulations. The duration of this Development Agreement, the density and intensity of use, developable GFA, footprint square footage, the maximum height and size of proposed buildings and structures, lot sizes, set back requirements, zoning, public improvements, and the provisions for reservation or dedication of land for public purposes shall be those set forth in the Development Approvals, the Existing Land Use Regulations and this Development Agreement pursuant to Section 65865.2 of the Development Agreement Statute. Section 6. PERMITTED BUILDINGS 6.1 Description of Permitted Buildings The Permitted Buildings to be located on the Property shall be as set forth on the Final Site Plan. The Project shall be constructed substantially in conformance with the Final Site Plan. 6.2 Parking Areas The Parking Areas shall be constructed so that there will be sufficient parking spaces available within the Property as depicted and substantially in conformance with the Final Site Plan. Prior to commencement of construction of the first Permitted Building, OWNER shall restrict the use of the Parking Areas to, and shall record a covenant against the Property in a form approved by the City Attorney stating that the use of the Parking Areas shall be limited to tenants, visitors, patrons, invitees and other users of the permitted building. Said covenant shall also provide that the Parking Areas shall not be used to provide public parking for patrons of Angel Stadium of Anaheim, The Grove of Anaheim or the Arrowhead Pond of Anaheim without the prior written approval of the City Traffic and Transportation Manager and the Executive Director of Convention/Sports and Entertainment, which approval shall be at CITY's sole discretion. Section 7. DENSITY OF PERMITTED BUILDINGS The Permitted Buildings shall be between the minimum and maximum sizes, and shall not exceed the maximum heights and maximum footprints set forth on the Final Site Plan. Section 8. ENFORCEMENT Unless this Development Agreement is terminated or cancelled pursuant to the provisions of this Development Agreement, this Development Agreement or any amendment hereto, shall be enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance or building ordinance adopted by CITY which alters or amends the rules, regulations or policies of Development of the Project as provided in this Development Agreement pursuant to Section 65865.4 of the Development Agreement Statute; provided, however, that the limitations of this Section shall not apply to changes mandated by State or Federal laws or other permissible changes or new regulations as more particularly set forth in Section 23 of this Development Agreement. Section 9 PUBLIC IMPROVEMENTS AND SERVICES In addition to performing any other obligations heretofore imposed as conditions of approval set forth in Exhibit "C," as material consideration for the CITY's entering into this Development Agreement, OWNER shall undertake the construction and installation of the following public improvements required to support the Project and to enhance area -wide traffic circulation and emergency police and fire protection service within the time periods as set forth below and in conformance with the Existing Land Use Regulations. CITY shall cooperate with OWNER for the purpose of coordinating all public improvements constructed under the Development Approvals or this Development Agreement to existing or newly constructed public improvements, whether located within or outside of the Property. OWNER shall be responsible for and use good faith efforts to acquire any right(s) -of -way necessary to construct the public facility improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement or any Development Approvals. Should it become necessary due to OWNER's failure or inability to acquire said right(s) -of -way within four months after OWNER begins its efforts to so acquire said right(s) -of -way, CITY shall negotiate the purchase of the necessary right(s) -of -way to construct the public improvements as required by, or otherwise necessary to comply with the conditions of, this Development Agreement and, if necessary in accordance with the procedures established by State law, and the limitations hereinafter set forth in this section, CITY may use its powers of eminent domain to condemn said required right(s)-of way. OWNER agrees to pay for all costs associated with said acquisition and condemnation proceedings. If the CITY cannot make the proper findings or if for some other reason under the condemnation laws CITY is prevented from acquiring the necessary right(s) -of -way to enable OWNER to construct the public improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement, then the parties agree to amend this Development Agreement to modify OWNER's obligations accordingly. Any such required modification shall involve the substitution of other considerations or obligations by OWNER (of similar value) as are negotiated in good faith between the parties hereto. Nothing contained in this Section shall be deemed to constitute a determination or resolution of necessity by CITY to initiate condemnation proceedings. 9.1 Public Park If the Property is eight (8) or more acres OWNER shall be required to dedicate, improve and maintain a minimum size of 44 square feet for each residential unit for public park purposes as set forth in the Final Site Plan. The value of the parkland dedication will be credited against overall park in lieu fees paid for the project. Consistent with existing Code requirements and policies, no credit will be given for improvements. 9.2 Utilities (Water, Electrical, Gas, Sewer, and Drainage) OWNER shall construct the public improvements necessary for the provision of requisite water, electrical, gas, sewer and drainage requirements for Project as more fully set forth in the Development Approvals. OWNER shall construct and relocate utilities as may be required to provide services to the Permitted Buildings on the Property or that are displaced by the construction of the Permitted Buildings. As OWNER submits detailed construction plans in order to obtain building permits for a Permitted Buildings - and/or the size and nature of the Project varies, the utilities that OWNER will construct or relocate may be revised accordingly by the CITY. 9.2.1 Water Service OWNER will provide engineering studies to size the water mains for ultimate development within the Project. Said engineering studies will be conducted prior to rendering of water service or signature approval of the final water improvement plans, whichever occurs first. The studies shall be subject to the approval of the General Manager, Public Utilities Department or authorized designee. The water system may be constructed incrementally, provided that said incremental phasing is adequate to provide municipal demands and fire flow protection for the proposed development phasing. OWNER will conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which provides for, in part, a fee based on GFA and the advancement of additional funds to construct the upgraded water facilities. OWNER shall be entitled to reimbursement in accordance with the terms of Rule 15D for the advancement of additional funds to construct the upgraded water facilities. 9.2.2 Storm and Sewer Drains. Prior to final building and zoning inspections for each Permitted Building, OWNER will construct sewers and storm drains to serve the ultimate development of the Property as provided by areawide engineering studies to be conducted prior to issuance of any building permits for the first Permitted Building and updated prior to the issuance of any building permits for each subsequent Permitted Building. All studies shall be subject to the approval of the City Engineer. OWNER will construct improvements identified in said studies. The systems may be constructed subject to the approval of the City Engineer incrementally provided that said incremental phasing is adequate to provide capacity for the proposed development phasing. 9.3 Timing, Phasing and Sequence of Public Improvements and Facilities The timing, phasing and sequence of the construction of public improvements and facilities or the payment of fees therefor shall be constructed or paid in accordance with the timing, phasing and sequence set forth in this Development Agreement and the Final Site Plan 9.4 �4— Traffic Circulation Improvements In order to assist CITY in providing for area -wide traffic circulation as required by this Project, OWNER shall cause to be made the traffic circulation improvements identified for the Project including all applicable measures from the Updated and Modifed Mitigation monitoring Program 106A approved in conjunction with Subsequent FIR No. 332 as Updated & M fiedA!itigatien Menite-ing Progra N e. i 06 fi th P r-eje et [or S upp lemental o f � !R Ne. : 1aas applieablej as shown on the Final Site Plan. Section 10. REIMBURSEMENT PROVISION In the event OWNER is required to construct public improvements which are supplemental to the requirements of the Project for the benefit of other properties, CITY will work with OWNER to establish mechanisms for proportional reimbursement from owners of the benefitted properties. All costs associated with establishing said mechanisms shall be paid by OWNER. Section 11. DEDICATIONS AND EXACTIONS Prior to issuance of the first building permit for the Project, OWNER shall irrevocably offer for dedication the rights -of -way, including the public connector streets and Market Street, if applicable, and other areas as more fully set forth in the Final Site Plan for the uses set forth in the Final Site Plan. These dedications shall be in fee or as an easement at the discretion of CITY, and upon completion and acceptance by CITY of the associated improvements in compliance with the specifications as approved by CITY, CITY shall accept OWNERS offer of dedication. Nothing contained in this Development Agreement, however, shall be deemed to preclude CITY from exercising the power of eminent domain with respect to the Property or the Project, or any part thereof. Section 12. FEES, TAXES, AND ASSESSMENTS 12.1 Fees Taxes and Assessments OWNER shall be responsible for the payment of fees in the amount and at the times set forth in the Existing Land Use Regulations, as said amounts and timing may be modified in accordance with this Development Agreement. 12.2 Platinum Triangle Interim Development Fees CITY anticipates that a number of fees will be adopted to pay the costs attributable to new development in The Platinum Triangle. The Interim Development Fees constitute amounts estimated by the applicable City Departments to be the approximate fair share of costs attributable to the Project. If an identified fee has been adopted prior to issuance of the first building permit for the Project, the OWNER shall pay the fee. If an identified fee has not been adopted at the time of issuance of said building permit, the OWNER shall pay the applicable Platinum Triangle Interim Development Fees set forth in attached Exhibit "D." If the OWNER has paid a Platinum Triangle Interim Development Fee, and upon subsequent adoption of a corresponding fee it is determined that the OWNER has paid an amount greater than the amount payable pursuant to the adopted fee, the excess amount paid as an Interim Development Fee shall be refunded to the OWNER. CITY shall not be obligated to adopt any of the identified fees. If any such identified fee is not adopted, the parties agree that the Interim Development Fee is adequate to address the impacts of the Project. 12.2.1 Electrical Utilities Undergrounding Fee OWNER will pay an Electrical Utilities Undergrounding Fee as set forth in Exhibit "D -1." 12.2.2 Fire Facilities Fee OWNER will pay a Fire Facilities Fee as set forth in Exhibit "D -2." 12.2.3 General Plan and Environmental Processing Fee OWNER will pay a processing FEE attributable to the cost of creating and establishing the Master Land Use Plan and the PTMU Overlay Zone for The Platinum Triangle, as well as the costs of associated environmental documentation, as said additional costs are set forth in Exhibit "D -3." 12.2.4 Library Facilities Fee OWNER will pay a Library Facilities Fee as set forth in Exhibit "D- 4 " 12.2.5 Park Fee OWNER will pay the Park Fee as set forth on Exhibit "D -5." and, if the Property is eight or more acres in size, OWNER will dedicate, develop and maintain a mimpark substantially in conformance with the Final Site Plan. 12.2.6 Police Facilities Fee OWNER will pay the Police Facilities Fee to defray the costs of capital facilities and equipment as set forth in Exhibit "D -6." 12.3 Excluded Development Fees Fees Excluded from Existing Land Use Regulations. The following fees shall not be included among the fees which would otherwise fall within the definition of Existing Land Use Regulations: 12.3.1 Water Utilities Fees OWNER will pay all applicable fees in accordance with the Water Utilities Rates, Rules and Regulations in effect at the time of application for service including Rule 15D which provides for, in part, a fee based on GFA to construct the necessary water facility improvements within The Platinum Triangle. 12.3.2 Electrical Utilities Fees OWNER will pay all fees in accordance with the Electrical Utilities Rates, Rules and Regulations in effect at the time of application for service. 12.3.3 City Processing Fees OWNER shall pay all standard City -wide processing fees for building permits, zoning review, and other similar fees associated with the Development of the Project which are in existence at the time of approval of this Development Agreement at the rate in existence at the time said fees are normally required to be paid to CITY. 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District Prior to the date a building or grading permit is issued relating to implementation of the Final Site Plan, or within a period of ninety (90) days from the date of execution of this Development Agreement, whichever occurs first, OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney's Office wherein OWNER agrees not to contest the formation of any assessment district(s) which may be formed to finance Platinum Triangle infrastructure and/or maintenance, which district(s) could include the Property. The covenant shall not preclude OWNER from contesting (i) the determination of benefit of such improvements to the Property, (ii) the properties included in said district or area, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. 12.5 Accounting of Funds CITY will comply with applicable requirements of Government Code Section 65865 relating to accounting of funds. e 12.6 Imposition of Increased Fees Taxes or Assessments Except as expressly set forth or reserved in this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by this Development Agreement, including the Existing Land Use Regulations or the Development Approvals. �eeen�nzcaseeen■essaeeers ■ M 12.3 Excluded Development Fees Fees Excluded from Existing Land Use Regulations. The following fees shall not be included among the fees which would otherwise fall within the definition of Existing Land Use Regulations: 12.3.1 Water Utilities Fees OWNER will pay all applicable fees in accordance with the Water Utilities Rates, Rules and Regulations in effect at the time of application for service including Rule 15D which provides for, in part, a fee based on GFA to construct the necessary water facility improvements within The Platinum Triangle. 12.3.2 Electrical Utilities Fees OWNER will pay all fees in accordance with the Electrical Utilities Rates, Rules and Regulations in effect at the time of application for service. 12.3.3 City Processing Fees OWNER shall pay all standard City -wide processing fees for building permits, zoning review, and other similar fees associated with the Development of the Project which are in existence at the time of approval of this Development Agreement at the rate in existence at the time said fees are normally required to be paid to CITY. 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District Prior to the date a building or grading permit is issued relating to implementation of the Final Site Plan, or within a period of ninety (90) days from the date of execution of this Development Agreement, whichever occurs first, OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney's Office wherein OWNER agrees not to contest the formation of any assessment district(s) which may be formed to finance Platinum Triangle infrastructure and/or maintenance, which district(s) could include the Property. The covenant shall not preclude OWNER from contesting (i) the determination of benefit of such improvements to the Property, (ii) the properties included in said district or area, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. 12.5 Accounting of Funds CITY will comply with applicable requirements of Government Code Section 65865 relating to accounting of funds. e 12.6 Imposition of Increased Fees Taxes or Assessments Except as expressly set forth or reserved in this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by this Development Agreement, including the Existing Land Use Regulations or the Development Approvals. The rates of such fees, taxes and assessments shall be the rates in existence at the time said fees, taxes and assessments are normally required to be paid to CITY. Nothing contained herein shall be construed to prohibit CITY from imposing fees, taxes or assessments on the Property which are unrelated to the implementation of the project. Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS. In consideration for CITY entering into this Development Agreement and other consideration set forth in this Agreement, OWNER agrees to record unsubordinated covenants, conditions and restrictions (CC &Rs) applicable to the Property in a form and content satisfactory to the Planning Director and the City Attorney incorporating the requirements and obligations set forth in Exhibit "E" to this Agreement, entitled the "Development Requirements and Maintenance Obligations." Section 14. NEXUS /REASONABLE RELATIONSHIP CHALLENGES OWNER consents to, and waives any right it may have now or in the future to challenge the legal validity of the conditions, requirements, policies or programs required by Eexisting Lland Uase Rregulations or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Section 15. TIMING OF DEVELOPMENT Timing of Development shall be as set forth in the Final Site Plan. Section 16. EXISTING USES CITY and OWNER agree that those existing legally established uses on the Property may be retained until the Project is implemented. When those existing uses are demolished, no credit for any such demolished square footage for which Interim Development Fees have not been paid will be given OWNER against Interim Development Fees due on a square footage basis as provided for in this Development Agreement. OWNER will pay the full Interim Development Fees for Permitted Buildings constructed pursuant to the Final Site Plan. Section 17. FUTURE APPROVALS 17.1 Basis for Denying or Conditional Granting Future Approvals Before OWNER can begin grading on the Property or other development of the Property, OWNER must secure several additional permits and/or approvals from CITY. The parties agree that to the extent said Development Approvals are ministerial in nature, CITY shall not, through the enactment or enforcement of any subsequent ordinances, rules, regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold such approvals as a means of blocking construction or of imposing conditions on the Project which were not imposed during an earlier approval period unless CITY has been ordered to do so by a court of competent jurisdiction. Notwithstanding the previous sentence, CITY and OWNER will use their best efforts to ensure each other that all applications for and approvals of grading permits, building permits or other developmental approvals necessary for OWNER to develop the Project in accordance with the Final Site Plan are sought and processed in a timely manner. 17.2 Standard of Review The rules, regulations and policies that apply to any additional Development Approvals which OWNER must secure prior to the Development of the Property shall be the Existing Land Use Regulations, as defined in this Development Agreement. 17.3 Future Amendments to Final Site Plan Future amendments to all or a portion of the Final Site Plan which increase the intensity or density of the Development of the Property, or change the permitted uses of the Property, and are not among those described in Section 18.4 of this Development Agreement may subject the portion or portions of the Project being amended or affected by the amendment to any change in the CITY's General Plan, zoning designations and rules applicable to the Property and further environmental review and possible mitigation of adverse impacts under CEQA in effect at the time of such amendment. Any such amendment to the Final Site Plan shall be processed concurrently with the processing of an amendment to this Development Agreement. It is the desire and intent of both parties, except as set forth herein, that any such future amendment of the Final Site Plan will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Development Agreement with respect to the unamended portions of the Final Site Plan. Section 18. AMENDMENT 18.1 Initiation of Amendment Either party may propose an amendment to this Development Agreement. 18.2 Procedure Except as set forth in Section 18.4 below, the procedure for proposing and adopting an amendment to this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution. 18.3 Consent Except as provided in Section 25 of this Development Agreement, any amendment to this Development Agreement shall require the consent of both parties. No amendment of this Development Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. 18.4 Amendments Subject to the foregoing provisions of this Section, the parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Development Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development of the Project and with respect to those items covered in general terms under this Development Agreement. If and when the parties fmd that changes or adjustments are necessary or appropriate to further the intended purposes of this Development Agreement, they may, unless otherwise required by law, effectuate such changes or adjustments as specified in the Development Approvals. 18.5 Effect of Amendment to Development Agreement The parties agree that except as expressly set forth in any such amendment, an amendment to this Development Agreement will not alter, affect, impair, modify, waive or otherwise impact any other rights, duties or obligations of either party under this Development Agreement. Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY 19.1 Non - Cancellation of Rights Subject to defeasance pursuant to Sections 25, 26 or 27 of this Development Agreement, the Final Site Plan and other Development Approvals as provided for in this Development Agreement shall be final and the rights once granted thereby shall be vested in the Property upon recordation of this Development Agreement. Section 20. BENEFITS TO CITY The direct and indirect benefits CITY (including, without limitation, the existing and future anticipated residents of CITY) expects to receive pursuant to this Development Agreement include, but are not limited to, the following: The participation of OWNER in the accelerated, coordinated and more economic construction, funding and dedication to the public, as provided in this Development Agreement, of certain of the vitally needed on -site and area -wide public improvements and facilities, and assurances that the entire Project will be developed as set forth in the Final Site Plan and this Development Agreement in order to encourage development of The Platinum Triangle; and The considerations set forth in Sections 9 and 10 of this Development Agreement. Section 21. BENEFITS TO OWNER OWNER has expended and will continue to expend large amounts of time and money on the planning and infrastructure construction for the Project. OWNER asserts that OWNER would not make any additional expenditures, or the advanced expenditures required by this Development Agreement, without this Development Agreement and that any additional expenditures which OWNER makes after the Development Agreement Date will be made in reliance upon this Development Agreement. Without limiting the generality of the foregoing, this Development Agreement provides for the completion of public improvements and facilities prior to the time when they would be justified economically in connection with the phasing of the Project, and of a size which would be justified only by the magnitude of the Project provided for by the Final Site Plan and this Development Agreement. The benefit to OWNER under this Development Agreement consists of the assurance that OWNER will preserve the right to develop the Property as planned and as set forth in the Final Site Plan and this Development Agreement. The parties acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Development Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Final Site Plan and this Development Agreement. Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE. The mutual undertakings and assurances described above and provided for in this Development Agreement are for the benefit of CITY and OWNER and promote the comprehensive planning, private and public cooperation and participation in the provision of public facilities, and the effective and efficient development of infrastructure and facilities supporting development which was contemplated and promoted by the Development Agreement Statute. CITY agrees that it will not take any actions which are intended to circumvent this Development Agreement; provided, however, that any action of the electorate shall not be deemed an action for purposes of this section. Section 23. RESERVED AUTHORITY 23.1 State and Federal Laws and Regulations In the event that the State or Federal laws or regulations enacted after this Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such provisions of the Development Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Development Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any rule, regulation or policy which is inconsistent with this Development Agreement until CITY makes a finding that such rule, regulation or policy is reasonably necessary to comply with such State and Federal laws or regulations. 23.2. Ua g Model Codes This Development Agreement shall not prevent CITY from applying new rules, regulations and policies contained in model codes, including, but not limited to, the Anaheim Building Code as adopted in Title 15, Section 15.02. 23.3 Public Health and Safety This Development Agreement shall not prevent CITY from adopting new rules, regulations and policies, including amendments or modifications to model codes described in Section 23.2 of this Development Agreement which directly result from findings by CITY that failure to adopt such rules, regulations or policies would result in a condition injurious or detrimental to the public health and safety. Notwithstanding the foregoing, CITY shall not adopt any such rules, regulations or policies which prevent or preclude compliance with one or more provisions of this Development Agreement until CITY makes a finding that such rules, regulations or policies are reasonably necessary to correct or avoid such injurious or detrimental condition. Section 24. CANCELLATION 24.1 Initiation of Cancellation Either party may propose cancellation of this Development Agreement. 24.2 Procedure The procedure for proposing a cancellation of and cancelling this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution and Section 65868 of the Government Code. 24.3 Consent of - Pa#ieaOWNER and CITY Any cancellation of this Development Agreement shall require the mutual consent ofhetli pa#ie* and CITY Section 25. PERIODIC REVIEW 25.1 Time for Review CITY shall, at least every twelve (12) months after the Development Agreement Date, review the extent of good faith compliance by OWNER with the terms of this Development Agreement. OWNERS failure to comply with the timing schedules set forth in the Final Site Plan shall constitute rebuttable evidence of OWNERS lack of good faith compliance with this Development Agreement. Such periodic review shall determine compliance with the terms of this Development Agreement pursuant to California Government Code Section 65865.1 and other successor laws and regulations. 25.2 OWNERS Submission Each year, not less than forty -five (45) days nor more than sixty (60) days prior to the anniversary of the Development Agreement Date, OWNER shall submit evidence to the City Council of its good faith compliance with the terms and conditions of this Development Agreement. OWNER shall notify the City Council in writing that such evidence is being submitted to CITY pursuant to the requirements of Section 6.2 of the Procedures Resolution. OWNER shall pay to CITY a reasonable processing fee in an amount as CITY may reasonably establish from time to time on each occasion that OWNER submits its evidence for a periodic review. 25.3 Findings Within forty -five (45) days after the submission of OWNERS evidence, the City Council shall determine, on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non - compliance and if the actions required to cure such non - compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period, OWNER fails to cure such noncompliance or is not making reasonable good faith progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement. 25.4 Initiation of Review by City Council In addition to the periodic review set forth in this Development Agreement, the City Council may at any time initiate a review of this Development Agreement upon the giving of written notice thereof to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the City Council of OWNERS good faith compliance with this Development Agreement and such review and determination shall proceed in the manner as otherwise provided in this Development Agreement. Section 26. EVENTS OF DEFAULT 26.1 Defaults by OWNER Within forty -five (45) days after the submission of OWNERS evidence, the City Council shall determine on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non - compliance and if the actions required to cure such non - compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period OWNER fails to cure such non - compliance or is not making reasonable progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement. 26.2 Specific Performance Remedy Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its pre - existing condition once implementation of this Development Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Development Agreement and will be investing even more significant time in implementing the Project in reliance upon the terms of this Development Agreement, and it is not possible to determine sum of the money which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Development Agreement. Therefore, specific performance of this Development Agreement is the only remedy which would compensate OWNER if CITY fails to carry out its obligations under this Development Agreement, and CITY hereby agrees that OWNER shall be entitled to specific performance in the event of a default by CITY hereunder. CITY and OWNER acknowledge that, if OWNER fails to carry out its obligations under this Development Agreement, CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Development Agreement. If CITY issues a permit or other approval pursuant to this Development Agreement in reliance upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 26.3 Liquidated Damages Remedy The parties hereto agree that this Development Agreement creates an obligation and duty upon OWNER to undertake and complete development of the Project within the time and manner specified herein. In the event OWNER breaches this Development Agreement by failing to undertake and complete development of the Project within the time and manner specified herein, the parties farther agree that CITY will suffer actual damages as a result thereof, the amount of which is uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum of One Hundred Thousand Dollars ($ -100 000.00 -) as liquidated and actual damages which sum shall be in addition to any other remedies available to CITY as a result of such breach pursuant to this Section 26. Section 27. MODIFICATION OR TERMINATION If pursuant to Section 26.1 of this Development Agreement, CITY elects to modify or terminate this Development Agreement or establish a revised time schedule for compliance as herein provided, then CITY shall proceed as set forth in this Section. 27.1 Notice to OWNER CITY shall give notice to OWNER of City Council's intention to proceed to modify or terminate this Development Agreement or establish a time schedule for compliance within ten (10) days of making the CITY'S findings. 27.2 Public Hearing The City Council shall set and give notice of a public hearing on modification, termination or a time schedule for compliance to be held within forty -days after the City Council gives notice to OWNER. 27.3 Decision The City Council shall announce its findings and decisions on whether this Development Agreement is to be terminated, how this Development Agreement is to be modified or the provisions of the Development Agreement with which OWNER must comply and a time schedule therefor not than ten (10) days following completion of the public hearing. 27.4 Implementation Mg-Amending or terminating this Development Agreement shall be accomplished by CITY enacting an ordinance. The ordinance shall recite the reasons which, in the opinion of the CITY, make the medifieation amendment or termination of this Development Agreement necessary. Not later then ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to OWNER. This Development Agreement shall be terminated or this Development Agreement as modified shall become effective on the effective date of the ordinance terminating or modifying this Development Agreement. 27.5 Schedule for Compliance Setting a reasonable time schedule for compliance with this Development Agreement may be accomplished by CITY enacting a resolution. The resolution shall recite the reasons which, in the opinion of CITY, make it advisable to set a schedule for compliance and why the time schedule is reasonable. Not later than ten (10) days following adoption of the resolution, one copy thereof shall be forwarded to OWNER. Compliance with any time schedule so established as an alternative to medi€ieat-ion amendment or termination shall be subject to periodic review as provided in this Development Agreement and lack of good faith compliance by OWNER with the time schedule shall be basis for termination or modification of this Development Agreement. Section 28. ASSIGNMENT 28.1 Right to Assign OWNER shall have the right to sell, mortgage, hypothecate, assign or transfer this Development Agreement, and any and all of its rights, duties and obligations hereunder, to any person, partnership, joint venture, firm or corporation at any time during the term of this Development Agreement, provided that any such sale, mortgage, hypothecation, assignment or transfer must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, mortgage, hypothecation, assignment or transfer, (a) OWNER shall notify CITY of such event and the name of the transferee, together with the corresponding entitlements being transferred to such transferee and (b) the agreement between OWNER and such transferee shall provide that either OWNER or the transferee or both shall be liable for the performance of all obligations of OWNER pursuant to this Development Agreement and the Development Approvals. Such transferee and /or OWNER shall notify CITY in writing which entity shall be liable for the performance of such obligations, and upon the express written assumption of any or all of the obligations of OWNER under this Development Agreement by such assignee, transferee or purchaser shall, without any act of or concurrence by CITY, relieve OWNER of its legal duty to perform said obligations under this Development Agreement with respect to the Property or portion thereof, so transferred, except to the extent OWNER is not in default under the terms of this Development Agreement. 28.2 Release Upon Transfer It is understood and agreed by the parties that the Property may be subdivided following the Development Agreement Date. One or more of such subdivided parcels may be sold, mortgaged, hypothecated, assigned or transferred to persons for development by them in accordance with the provisions of this Development Agreement. Effective upon such sale, mortgage, hypothecation, assignment or transfer, the obligations of OWNER shall become several and not joint, except as to OWNER's obligations set forth in Section 10 of this Development Agreement. Upon the sale, transfer, or assignment of OWNERS rights and interests under this Development Agreement as permitted pursuant to the Section 28.1 above, OWNER shall be released from its obligations under this Development Agreement with respect to the Property, or portion thereof so transferred, provided that (a) OWNER is not then in default under this Development Agreement, (b) OWNER has provided to CITY the notice of such transfer specified in Section 28.1 above, (c) the transferee executes and delivers to CITY a written agreement in which (i) the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all the obligations of OWNER under this Development Agreement and the Development Approvals with respect to the property, or portion thereof, so transferred and (d) the transferee provides CITY with security equivalent to any security provided by OWNER to secure performance of its obligations under this Development Agreement or the Development Approvals. Non - compliance by any such transferee with the terms and conditions of this Development Agreement shall not be deemed a default hereunder or grounds for termination hereof or constitute cause for CITY to initiate enforcement action against other persons then owning or holding interest in the Property or any portion thereof and not themselves in default hereunder. Upon completion of any phase of development of the Project as determined by CITY, CITY may release that completed phase from any further obligations under this Development Agreement. The provisions of this Section shall be self - executing and shall not require the execution or recordation of any further document or instrument. Any and all successors, assigns and transferees of OWNER shall have all of the same rights, benefits and obligations of OWNER as used in this Development Agreement and the term "OWNER" as used in this Development Agreement shall refer to any such successors, assigns and transferees unless expressly provided herein to the contrary. Section 29. NO CONFLICTING ENACTMENTS By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 23 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement. Section 30. GENERAL 30.1 Force Maieure The Term of this Development Agreement and the time within which OWNER shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably by strikes, lock -outs, Acts of God, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body, initiative or referenda, moratoria, enemy action, civil disturbances, fire, unavoidable casualties, or any other cause beyond the reasonable control of OWNER. 30.2 Construction of Development Agreement The language in all parts of this Development Agreement shall in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience only and shall not be considered or referred to in resolving questions of constructions. This Development Agreement shall be governed by the laws of the State of California. The parties understand and agree that this Development Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Development Agreement shall not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over the Property. 30.3 Severability If any provision of this Development Agreement shall be adjudged to be invalid, void or unenforceable, such provision shall in no way affect, impair or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement, the parties hereby agree that they would have entered into the remaining portions of this Development Agreement not adjudged to be invalid, void or illegal. In the event that all or any portion of this Development Agreement is found to be unenforceable, this Development Agreement or that portion which is found to be unenforceable shall be deemed to be a statement of intention by the parties; and the parties further agree that in such event they shall take all steps necessary to comply with such public hearings and/or notice requirements as may be necessary in order to make valid this Development Agreement or that portion which is found to be unenforceable. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, OWNER or CITY may terminate this Development Agreement in accordance with the provisions of the Development Agreement Statute and the Procedures Resolution. 30.4 Cumulative Remedies In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, relief in the nature of mandamus and actions for damages. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. 30.5 Hold Harmless Agreement OWNER and CITY hereby mutually agree to, and shall hold each other, each other's elective and appointive councils, boards, commissions, officers, partners, agents, representatives and employees harmless from any liability for damage or claims for damage for personal injury, including death, and from claims for property damage which may arise from the activities of the other's or the other's contractors', subcontractors', agents', or employees' which relate to the Project whether such activities be by OWNER or CITY, or by any of the OWNER'S or the CITY's contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as agent for OWNER any of the OWNER's or the CITY's contractors or subcontractors. OWNER and CITY agree to and shall defend the other and the other's elective and appointive councils, boards, commissioners, officers, partners, agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. 30.6 Cooperation in the Event of Legal Challenge In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Development Agreement and /or the Development Approvals, the parties hereby agree to cooperate fully with each other in defending said action and the validity of each provision of this Development Agreement, however, OWNER shall be liable for all legal expenses and costs incurred in defending any such action. OWNER shall be entitled to choose legal counsel to defend against any such legal action and shall pay any attorneys' fees awarded against CITY or OWNER, or both, resulting from any such legal action. OWNER shall be entitled to any award of attorneys' fees arising out of any such legal action. 30.7 Public Agency Coordination CITY and OWNER shall cooperate and use their respective best efforts in coordinating the implementation of the Development Approvals with other public agencies, if any, having jurisdiction over the Property or the Project. 30.8 Initiative Measures Both CITY and OWNER intend that this Development Agreement is a legally binding contract which will supersede any initiative, measure, moratorium, referendum, statute, ordinance or other limitation (whether relating to the rate, timing or sequencing of the Development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, and which Agreement shall apply to the Project to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation is inconsistent or in conflict with this Development Agreement. Should an initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be enacted by the citizens of CITY which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, OWNER shall have no recourse against CITY pursuant to the Development Agreement, but shall retain all other rights, claims and causes of action under this Development Agreement not so invalidated and any and all other rights, claims and causes of action as law or in equity which OWNER may have independent of this Development Agreement with respect to the project. The foregoing shall not be deemed to limit OWNER's right to appeal any such determination that such initiative, measure, referendum, statute, ordinance or other limitation invalidates or prevails over all or any part of this Development Agreement. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Development Agreement in full force and effect, provided OWNER shall reimburse CITY for its out -of- pocket expenses incurred directly in connection with such cooperation and CITY shall not be obligated to institute a lawsuit or other court proceedings in this connection. 30.9 Attorneys' Fees In the event of any dispute between the parties involving the covenants or conditions contained in this Development Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorneys fees and costs. 30.10 No Waiver No delay or omission by either party in exercising any right or power accruing upon non - compliance or failure to perform by the other party under any of the provisions of this Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of any of the covenants or conditions to be performed by the other party shall not be construed as a waiver of any succeeding breach of non - performance of the same or other covenants and conditions hereof. 30.11 Authority to Execute The person executing this Development Agreement on behalf of OWNER warrants and represents that he /she has the authority to execute this Development Agreement on behalf of his/her partnership and represents that he /she has the authority to bind OWNER to the performance of OWNERS obligations hereunder. 30.12 Notice 30.12.1 To OWNER Any notice required or permitted to be given by CITY to OWNER under or pursuant to this Development Agreement shall be deemed sufficiently given if in writing and delivered personally to an officer of OWNER or mailed with postage thereon fully prepaid, registered or certified mail, return receipt requested, addressed; to OWNER as follows: Attention: or such changed address as OWNER shall designate in writing to CITY. 30.12.2 To CITY Any notice required or permitted to be given to CITY under or pursuant to this Development Agreement shall be made and given in writing, if by mail addressed to: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92803 or such changed address as CITY shall designate in writing to OWNER: With copies to: City Manager City of Anaheim P.O. Box 3222 Anaheim, California 92803 City Attorney City of Anaheim P.O. Box 3222 Anaheim, California 92803 and if personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S. Anaheim. Blvd., Anaheim, California, together with copies marked for the City Manager and the City Attorney or, if so addressed and mailed, with postage thereon fully prepaid, registered or certified mail, return receipt requested, to the City Council in care of the City Clerk at the above address with copies likewise so mailed to the City Manager and the City Attorney, respectively and also in care of the City Clerk at the same address. The provisions of this Section shall be deemed permissive only and shall not detract from the validity of any notice given in a manner which would be legally effective in the absence of this Section. 30.13 Captions The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. 30.14 Consent Any consent required by the parries in carrying out the terms of this Development agreement shall not unreasonably be withheld. 30.15 Further Actions and Instruments Each of the parties shall cooperate with and provide reasonable to the other to the extent contemplated hereunder in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement. 30.16 Subsequent Amendment to Authorizing Statute This Development Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the Development Agreement Date. Accordingly, subject to Section 23.1 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Development Agreement, such amendments shall not be applicable to this Development Agreement unless necessary for this Development Agreement to be enforceable or unless this Development Agreement is modified pursuant to the provisions set forth in this Development Agreement and Government Code Section 65868 as in effect on the Development Agreement Date. 30.17 Governing Law This Development Agreement, including, without limitation, its existence, validity, construction and operation, and the rights of each of the parties shall be determined in accordance with the laws of the State of California. 30.18 Effect on Title OWNER and CITY agree that this Development Agreement shall not continue as an encumbrance against any portion of the Property as to which this Development Agreement has terminated. 30.19 Mortgagee Protection Entering into or a breach of this Development Agreement shall not defeat, render invalid, diminish, or impair the lien of Mortgagees having a mortgage on any portion of the Property made in good faith and for value, unless otherwise required by law. No Mortgagee shall have an obligation or duty under this Development Agreement to perform OWNER'S obligations, or to guarantee such performance prior to any foreclosure or deed in lieu thereof. 30.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure. If the City Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Development Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from CITY to cure or remedy, or to commence to cure or remedy the default unless a further extension of time to cure is granted in writing by CITY. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continually through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or non - compliance within thirty (30) days after obtaining possession. If any such default or non - compliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or non - compliance if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 30.21 Bankruptcy Notwithstanding the foregoing provisions of Section 30.20 of this Development Agreement, if any Mortgagee is prohibited from commencing or pursues and prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving CITY, the times specified in this Section for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 30.22 Disaffirmance 30.22.1 CITY agrees that in the event of termination of this Agreement by reason of any default by CITY, or by reason of the disaffirmance hereof by a receiver, liquidator or trustee for OWNER or its property, CITY, if requested by any Mortgagee, shall enter into a new Development Agreement for the Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term, effective as of the date of such termination, upon the terms, provisions, covenants and agreements as herein contained to the extent and subject to the law then in effect, and subject to the rights, if any, of any parties then in possession of any part of the Property, provided: 30.22.2 The Mortgagee shall make written request upon CITY for the new Development Agreement for the Project within thirty (30) days after the date of termination; 30.22.3 The Mortgagee shall pay to CITY at the time of the execution and delivery of the new Development Agreement for the Project expenses, including reasonable attorneys' fees, to which CITY shall have been subjected by reason of OWNER's default; and 30.22.4 The Mortgagee shall perform and observe all covenants herein contained on OWNER's part to be performed, and shall further remedy any other conditions which OWNER under the terminated agreement was obligated to perform under its terms, to the extent the same are curable or may be performed by the Mortgagee. 30.22.5 Nothing herein contained shall require any Mortgagee to enter into a new agreement pursuant to Section 30.22.1 above, nor to cure any default of OWNER referred to above. 300.23 No Third Party Beneficiaries This Development Agreement and all provisions hereof is made and entered into for the sole protection and benefit of CITY, OWNER and their successors and assigns. No other person shall have right of action based upon any provision in this Development Agreement. 30.24 Proiect as a Private Undertaking It is specifically understood and agreed by and between the parties hereto that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, join venture or other association of any kind is formed by this Development Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such private property. 30.25 Restrictions Property OWNER shall place in any agreements to sell or convey any interest in the Property or any portion thereof, provisions making the terms of this Development Agreement binding on any successors in interest of OWNER and express provision for OWNER or CITY, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 30.26 Recitals The recitals in this Development Agreement constitute part of this Development Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Development Agreement. 30.27 Recording The City Clerk shall cause a copy of this Development Agreement to be executed by CITY and recorded in the Official Records of Orange County no later than ten (10) days after CITY approves this Development Agreement. 30.28 Title Report CITY is required to sign this Development Agreement only after OWNER has provided CITY with a satisfactory preliminary title report evidencing and showing OWNER'S legal and equitable ownership interest in the Property, current within six (6) months, unencumbered except for the exceptions (hereinafter the "Permitted Exceptions ") set in the preliminary title report for the Property dated , attached hereto as Exhibit "E" (the "Preliminary Title Report"). Any instrument of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and prior to the Development Agreement Date, shall contain language expressly subordinating such instruments of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present evidence, satisfactory to CITY, of OWNER'S legal title to Property, subject only to the Permitted Exceptions and any such subordinated instruments of monetary encumbrance, at the time of recordation of this Agreement, or a memorandum thereof. 30.29 Entire Agreement This Development Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Development Agreement, and this Development Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 30.30 Successors and Assigns The burdens of the Development Agreement shall be binding upon, and the benefits of the Development Agreement inure to all successors in interest and assigns of the parties to the Development Agreement. 30.31 OWNER's Title of Property Neither party hereto shall be bound by any provision of this Agreement unless and until OWNER shall record this Development Agreement or a memorandum thereof, in the office of the County Recorder of the County sufficient to cause this Agreement and the obligations contained herein to attach to and encumber OWNER'S fee title to Property. 30.32 Exhibits All exhibits, including attachments thereto, are incorporated in this Development Agreement in their entirety by this reference. IN WITNESS WHEREOF, CITY and OWNER have executed this Development Agreement as of the date and year first above written. "CITY' CITY OF ANAHEIM, a municipal corporation By: Mayor ATTEST: SHERYLLSCHROEDER City Clerk APPROVED AS TO FORM: JACK L. WHITE, City Attorney fY�]L9NI�lM By: _ Title: 54141.2/smann.7/28/04/lgm STATE OF CALIFORNIA ) )ss: COUNTY OF ORANGE ) On this _ day of , 20_, be undersigned, a Notary Public for the State of California duly commissioned and sworn, personally appeared personally known to me or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as Mayor of the City of Anaheim, the municipal corporation executing the within instrument, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. [SEAL] STATE OF COUNTY OF )ss. On 20 before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as on behalf of the corporation therein named that executed the within instrument, and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. [SEAL] STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) On this _ day of , 20 BEFORE ME, TUIE Undersigned, A Notary Public for the State of California, duly commissioned and swom, personally appeared SBERYLL SCUIROEDER, personally known to me or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as City Clerk of the City of Anaheim, the municipal corporation executing the within instrument, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public EXHIBIT "A" LEGAL DESCRIPTION OF TFIE PROPERTY EXHIBIT `B" FINAL SITE PLAN EXHIBIT "C" CONDITIONS OF APPROVAL EXHIBIT "D" PLATINUM TRIANGLE INTERIM DEVELOPMENT FEES EXHIBIT "D -1" ELECTRIC UTILITIES UNDERGROUNDING FEE Residential Uses $11.42 per unit The Anaheim Master Land Use Plan and the Underground Conversion Program envision that the public utilities along Katella Avenue, between the State College Boulevard and Anaheim Way will need to be undergrounded. The City -owned facilities will be undergrounded using City funds, pursuant to the Rule No. 20 of the City of Anaheim Rates, Rules & Regulations Some of the facilities along Katella Avenue are owned by Southern California Edison (SCE). Moneys available to underground City -owned facilities may not be used to underground SCE facilities. The interim fee will collect the funds necessary to underground the SCE lines, and thereby significantly improve the appearance of The Platinum Triangle. The cost to underground the SCE lines is estimated at $104, 775. These funds will collected by imposing an interim fee on the Mixed -used residential units planned in The Platinum Triangle. The formula for calculating the fee is the following: Cost to Underground SCE lines = Per -Unit Fee Number of mixed -use residential units The Per -Unit fee is calculated at: $104,775 = $11.42 per Unit 9,175 Units EXHIBIT "D -2" FIRE FACILITIES FEE Residential Uses $350.00 per unit Commercial/Office Uses $ 0.20 per square foot The purpose of establishing a Fire Protection Fee is to finance improvements and additions to facilities and equipment to support fire protection and paramedic services made necessary by new development and expansion of and additions to existing development within The Platinum Triangle. Development will generate additional need for protection and paramedic services in The Platinum Triangle. There is a need in The Platinum Triangle for expansion of fire protection and paramedic services and for new and expanded development to contribute its fair share towards the costs of additional and improved facilities and equipment. There is a reasonable relationship between the need for the described fire protection and paramedic facilities and equipment and the impacts of the types of development proposed for The Platinum Triangle, for which the corresponding Fire Protection Fee described above is charged. There is also a reasonable relationship between the use of the fee and the type of development for which the fee is charged, in that these fire protection and paramedic facilities and equipment provide support for fire protection and paramedic services and accommodate additional demand generated by development. The cost estimates set forth below are reasonable cost estimates for adding to fire protection and paramedic facilities and equipment in The Platinum Triangle. The Fire Protection Fees collected pursuant to this agreement shall be used to finance only the additional facilities described, which additional facilities are needed to augment existing fire protection and paramedic facilities and equipment serving The Platinum Triangle, to offset the impacts of new development and expansion of and additions to existing development within The Platinum Triangle. FIRE FACILITIES AND EQUIPMENT Fire truck company with equipment $1,000,000 Fire engine company with equipment $ 750,000 Fire station $3,500,000 TOTAL $5,250,000 EXHIBIT "D -3" GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE Residential Uses: $ Commercial /Office Uses: $0.0 foot The General Plan and Environmental Processing Fee is based on the following: per unit per square Intent: Recover partial costs incurred to develop the Mixed -Use Overlay designation for the Platinum Triangle, including the preparation of the Environmental Impact Report Contract Costs Incurred: FIR $146,000 SEIR $164,730 $310,730 New Development Allowed in Platinum Triangle: 7,254,3 907-, 044,300 sq.ft. of non - residential uses 7,600,000 sq. ft of residential use 9,175 resideatiE4 tinits assume average unit size of 800 sq.ft.) 9,500 residential units x 800 sq. ft = 7,600,000) 7,25044,300 + 7,600340,000 14,83554,300 total square feet $44(310,73000/14,83.854,300 = $.0Q per square foot 7,60340,000 x $.024- _ $33152,0400 $15273,0400/94-7500 = $916 per dwelling unit Planning Entitlement Fee EXHIBIT "D -4 LIBRARY FEES Residential Uses $1494.733 per unit The amount of the Library fee is based upon the current fee structure for East Santa Ana Canyon residential development for single family residential uses. The 2004 fee for such residential uses is $317.67, based upon an estimated 3.3 persons per dwelling. Using an estimate of 1.5 persons per unit in The Platinum Triangle, the proposed interim developer fee for The Platinum Triangle is $1449.733 per unit. EXHIBIT "D -5" PLATINUM TRIANGLE PARK FEES Residential Uses $7055.74 per unit Park fees are established by implementing various values identified for The Platinum Triangle into the Park Dedication fee formula, as established by Anaheim Municipal Code, Chapters 17.08 and 17.34, which is as follows: ( Land Acquisition Costs + Land Development Costs) x 2 x DU density proposed =fee 1,000 Land acquisition costs are estimated by Keyser - Marsten to be $50 /sq. ft. of property purchased (for industrial properties, including goodwill and relocation costs *). This equals $2,178,000/ac. Land Development costs have been established by the City Council at $173,913.33/ac. ** City Park Acreage Standard of 2 acres /1,000 population was incorporated in the formula set forth in Chapters 17.08 and 17.34, as approved by City Council. Estimated dwelling unit density of 1.5 persons /unit for both the single family attached and apartment complexes as estimated in Final Environmental Impact Report, No. 330, Table 4.3 -1, for the City of Anaheim's General Plan and Zoning Code Update. Using the above figures the park fee is $7,055.74 per unit. ($2,178,000+$173,913.33) 2 x 1.5 = $7,055.74 per unit 1,000 Parkland dedication will be required for each 8 acre or larger parcel proposed for residential development. The City's Platinum Triangle consultant, EDAW, has recommended that each dwelling unit for parcels of 8 acres or larger dedicate 44 sq. ft. of public parkland per each dwelling unit proposed.* * * The value of the parkland dedication will be credited against overall park in lieu fees paid for the project. Consistent with existing zoning and policies, no credit will be given for improvements. As an example, if a subdivision were required to dedicate a.5 acre park, credit would be given against the Land Acquisition value, established above, of $2,178,000 per acre. Accordingly the Developer would be entitled to a credit of $1,089,000 for the dedication. Notes: * Memorandum by Keyser - Marsten dated December 29, 2004 and updated January 15, 2004 by James Rabe of Keyser Marsten, available in the Parks Division office. * * As approved by the City Council in Resolution No. 2004R -128, dated June 15, 2004. * ** The square foot figure for required recreational space per dwelling unit in The Platinum Triangle is lower than the figure used elsewhere in the City, as set forth in Section 17.08. The lower figure is recommended because of the type of residential projects anticipated for The Platinum Triangle. The mixed use type of neighborhoods proposed require smaller human scale parks within a walking distance of 2.5 to 5 minutes of each dwelling unit. EXHIBIT "D -6" Residential Uses Office Uses Commercial Uses POLICE FACILITIES FEE $31.62 per unit $ .10 per square foot $ .21 per square foot The Revenue and Cost Specialists Consulting firm is still in the process of establishing fee guidelines for The Platinum Triangle area. During the interim the foregoing formula will be applicable to offset the equipment cost for police services in The Platinum Triangle area. The interim fee will be replaced with a one -time capital facilities fee which will be applicable to the Project. EXIiIBIT "'E" DEVELOPMENT REQUIREMENTS AND MAINTENANCE OBLIGATIONS As a condition of approval of Development Agreement No. , the City requires OWNER to undertake and implement the maintenance of certain slopes, landscaping, [a park (if Property is 8 or more acres)] private streets and private utilities, and the performance of other obligations, as set forth herein. Prior to the earlier of either the sale of the first [residential] lot or the issuance of the temporary or permanent "Certificate of Occupancy" for the first [residential dwelling unit] in Tract Map , OWNER shall execute and record with the Orange County Recorder a declaration of covenants, conditions and restrictions ( "CC &Rs ") satisfactory to the Planning Director and the City Attorney creating maintenance obligations for an incorporated association ( "Association ") to establish a financial mechanism or financial mechanisms to maintain those areas and facilities (collectively referred to hereinafter as the "Common Area ") depicted on Attachment No. I attached hereto. Such Area shall include the following: [Describe the maintenance obligations imposed on the project, which may include the following: a. Private streets and street lights (include street name, if applicable); b. Private sewer and storm drain lines, together with all appropriate appurtenances; C. Landscape slope areas and all drainage facilities (including, but not limited to, french drains, down drains, drainage swales, retaining and crib wall(s) etc.); d. Landscape maintenance easements. C. Parkway landscaping and irrigation. f Covered on -site storage for bicycles, scooters and athletic equipment screened from public view. g. Washer and dryer in each dwelling unit. h. Centralized recreational amenities appropriate to the population mix in the development, as approved by the City. Maintenance of minipark. j. Public restrooms, if applicable. The obligations described above and depicted in the Maintenance Exhibit shall collectively be referred to as the "Maintenance Obligations." Until such time as the Association is formed, the CC &Rs are recorded, the Common Area is conveyed in fee to the Association, and the Association has assumed responsibility to maintain the Common Area and perform the Maintenance Obligations, OWNER shall be responsible for the maintenance of the Common Area and performance of the Maintenance Obligations, including any additional obligations which may be specified herein. Reconveyance of all or part of the Common Area or any property interest therein to a party other than the Association shall require (i) the prior written consent of the City, (ii) appurtenant easements over the Common Area for the benefit of each and every lot in the Property and (iii) that the reconveyance expressly affirm that the provisions of Civil Code Section 1367 relating to lien rights to enforce delinquent assessments and the CC &Rs shall remain applicable. The CC &Rs may provide any of the Maintenance Obligations may be assumed by a duly formed Platinum Triangle Infrastructure and /or Maintenance Assessment District subject to CITY's written approval. The covenants and restrictions set forth herein constitute a general scheme for the development, protection and maintenance of the Property for the benefit of all owners. Said covenants and restrictions are for the benefit of the Property and shall bind all owners thereof. Such covenants and restrictions shall be a burden upon, and a benefit to, not only the OWNER but also its successors and assigns. All of such covenants and restrictions are intended to be and shall be declared in the CC &Rs to be covenants running with the land or equitable servitudes upon the land, as the case may be. The CC &R's shall provide that termination of the CC &R's or amendment of any provision which may negatively impact performance of the Maintenance Obligations shall require prior written consent of the City. Termination of this Declaration is not a release of Declarant with regard to Declarant's independent obligations in connection with development and approval of the Project or with regard to obligations and liabilities incurred prior to such termination. EXHIBIT "F" PRELIMINARY TITLE REPORT ATTACHMENT NO. 6 MISCELLANEOUS CASE NO. 2005 -00115 Draft Resolution 91,T_1aI RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RESCINDING IN PART RESOLUTION NO. PC2004 -83 AND RECOMMENDING THAT CITY COUNCIL RESCIND IN -PART RESOLUTION NO. 2004 -180 (MISCELLANEOUS CASE NO. 2005 - 00115) WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a comprehensive update to the Anaheim General Plan by Resolution No. 2004 -95, which plan may be amended from time to time; and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR -57 Freeway 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 SR- 57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in Figure "LU -5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No- 2004-00420, Zoning Code Amendment No. 2004- 00036, Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to rescind in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004 - 00134; and, on June 13, 2005, initiated General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) (hereinafter collectively referred to as the "Project Discretionary Actions "); and WHEREAS, Miscellaneous Case No. 2005 -00115 pertains to a request for Planning Commission to rescind in part, Resolution No. PC2004 -83 and recommend that the City Council rescind in part, Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order to rescind resolutions of intent pertaining to the reclassification of a 321 -acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue (the "subject property ") from the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone. WHEREAS, the adopted General Plan and The Platinum Triangle Master Land Use Plan designates the subject property for Office -High land uses; and WHEREAS, on August 9, 2004, the Anaheim City Planning Commission adopted Resolution No. PC2004 -83 approving Reclassification No. 2004 - 00127, establishing a resolution of intent to reclassify certain properties within The Platinum Triangle and identified on exhibits attached to said Resolution from the I (Industrial), C -G (General Commercial) and O -L (Low Intensity Office) Zones to the O -H (High Intensity Office) Zone and the subject property from the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone; and CR \PC2005- -1- PC2005 WHEREAS, the Planning Commission, by motion, recommended that the City Council consider Reclassification No. 2004 - 00127; and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004 -180 approving Reclassification No. 2004 - 00127, establishing a resolution of intent to reclassify certain properties within The Platinum Triangle and identified on exhibits attached to said Resolution from the I (Industrial), C -G (General Commercial) and O -L (Low Intensity Office) Zones to the O -H (High Intensity Office) Zone and the subject property from the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 22, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of state law, to hear and consider evidence for and against the rescission, in part, of Resolution No. PC2004 -83 and recommending to the City Council, rescission, in part, of Resolution No. 2004 -180; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the subject property, which comprises approximately 321 acres, is currently utilized as the North Net Fire Training Center; and that the Land Use Element of the Anaheim General Plan designates the property for Office -High land uses. 2. That General Plan Amendment No. 2004 -00420 (including, in part, a request to redesignate the subject property from the Office -High to the Mixed -Use land use designation and increase the number of residential units in The Platinum Triangle Mixed -Use land use designation by 325 units) is being considered in conjunction with proposed Reclassification No. 2004 -00134 (to reclassify the subject property from the PR (Public Recreational) Zone to the PR (PTMU Overlay) (Public Recreational — Platinum Triangle Mixed Use Overlay) Zone) and amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No- 2004-00089) and the Platinum Triangle Mixed Use Overlay Zone (Zoning Code Amendment No. 2004- 00036). 3. That the Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone, as proposed for amendment, designate the subject property as "PR (PTMU Overlay), Gateway District, Subarea C" with a density of up to 321 residential dwelling units. 4. That the approved resolution of intent to the O -H (High Intensity Office) Zone as approved per Reclassification No. 2004 -00127 for the subject property is not consistent with the proposed General Plan, Platinum Triangle Master Land Use Plan, and PTMU Overlay Zone amendments or with the proposed Reclassification No. 2004 - 00134. 5. That rescinding, in part, the resolution of intent to reclassify the above - described property to the O -H (High Intensity Office) Zone is required in conjunction with the proposed reclassification of the subject property to the PR (PTMU Overlay) Zone. 6. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed Miscellaneous Case No. 2005 -00115 in connection with General Plan Amendment No. 2004 - 00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case Nos. 2004- 00089 and 2005 -00114 and Reclassification No. 2004 -00134 and, by its Resolution No. , did find and recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project, certify FSEIR No. 332 and adopt a Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A, and determine that FSEIR No. 332 fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for the Project, including the Project Implementation Actions and Discretionary Actions to the extent authorized by law- -2- PC2005- NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby rescind, in -part, Resolution No. PC2004 -83 (a resolution of the Anaheim City Planning Commission recommending that the City Council adopt the resolution of intent to the O -H (High Intensity Office) Zone) (Resolution No. PC2004 -83) (Reclassification No. 2004 - 00127) as it pertains to the subject property; and That this approval is granted expressly conditioned upon adoption of General Plan Amendment No. 2004- 00420; Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement and Zoning Code Amendment No. 2004- 00036. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby recommend that the City Council, rescind, in -part, Resolution No. 2004 -180 (a resolution of intent to reclassify certain properties within the PR (Public Recreational) Zone to the O -H (High Intensity Office) Zone (Reclassification No. 2004 - 00127) as it pertains to the subject property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 22, 2005. 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. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 22, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 1 2005- SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION -3- PC2005- EXHIBIT I o� o• O � ANG �DAVENUE { Z3 1 1 ^try e U r, w U TOWNE CENTRE PLACE \Q' ' o ANAHEIM CITY LIMITS 1 ORANGE TYLfMITS / Miscellaneous Case No. 2005 -00115 Subject Property Reclassification No. 2004- 000134 Date: August 22, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. 119 MISCELLANEOUS CASE NO. 2005 -00115 —TO RESCIND IN PART, RESOLUTION NO. PC2004 -83 AND RECOMMEND THAT THE CITY COUNCIL RESCIND IN PART, RESOLUTION NO. 2004 -180 PERTAINING TO RECLASSIFICATION NO. 2004 -00127 IN ORDER TO RESCIND RESOLUTIONS OF INTENT PERTAINING TO THE RECLASSIFICATION OF A 3.21 -ACRE PROPERTY. RECLASSIFICATION NO. 2004 -00134 — TO RECLASSIFY A 3.21 -ACRE PROPERTY. 1804 ATTACHMENT NO. 7 RECLASSIFICATION NO. 2004 -00134 Draft Resolution 91:L121 RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004 -00134 BE GRANTED WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a comprehensive update to the Anaheim General Plan by Resolution No. 2004 -95, which plan may be amended from time to time; and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR -57 Freeway 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 SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in Figure "LU -5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No2004 -178 and The Platinum Triangle Standardized Development Agreement by Resolution No. 2004 -179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No. 2004- 00420, Zoning Code Amendment No. 2004- 00036, Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005 -00115 to rescind in -part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004 - 00134; and, on June 13, 2005, initiated General Plan Amendment No. 2004 -00420 (Tracking No. GPA 2005 - 00432) (hereinafter collectively referred to as the "Project Discretionary Actions "); and WHEREAS, Reclassification No. 2004 -00134 pertains to a request to reclassify certain real property comprising an irregularly- shaped approximately 321 -acre area generally bounded by Orangewood Avenue to the north, Rampart Street to the west and the Santa Ana River channel to the east situated in the County of Orange, State of California, as shown on Exhibit 1 attached hereto and further identified as 2400 East Orangewood Avenue (the "subject property ") from the PR (Public Recreational) Zone to the PR (PTMU Overlay) (Public Recreation — Platinum Triangle Mixed -Use Overlay) Zone; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 22, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said Reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due 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 the following facts: 1. That the subject property, which comprises approximately 321 acres, is currently utilized as the North Net Fire Training Center; and that the Land Use Element of the Anaheim General Plan designates the property for Office -High land uses. Cr1PC2005- -1- PC2005- 2. That General Plan Amendment No. 2004 -00420 (including, in part, a request to redesignate the subject property from the Office -High to the Mixed -Use land use designation and increase the number of residential units in The Platinum Triangle Mixed -Use land use designation by 325 units) is being considered in conjunction with the subject Reclassification No. 2004 -00134 and amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2004 - 00089) and the Platinum Triangle Mixed Use Overlay Zone (Zoning Code Amendment No. 2004 - 00036). 3. That the Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone, as proposed for amendment, designate the subject property as "PTMU Overlay Zone, Gateway District, Subarea C" with a density of up to 321 residential dwelling units. 4. That the proposed reclassification of the subject property from the PR (Public Recreational) Zone to the PR (PTMU) (Public Recreational — Platinum Triangle Mixed -Use Overlay) Zone would be consistent with the General Plan, Platinum Triangle Master Land Use Plan, and PTMU Overlay Zone, as proposed for amendment. 5. That the proposed reclassification of the subject property is necessary and /or desirable for the orderly development of the community. 6. That the proposed reclassification of the subject property does properly relate to the zones and their permitted uses locally established in close proximity to the subject property and to the zones and their permitted uses generally established throughout the community. 7. That * ** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed Reclassification No. 2004 -00134 in connection with General Plan Amendment No. 2004- 00420, Zoning Code Amendment No. 2004 - 00036, Miscellaneous Case Nos. 2004- 00089, 2005- 00114 and 2005 -00115 and, by its Resolution No. , did find and recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's public hearing on the Project, certify FSEIR No. 332 and adopt a Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A, and determine that FSEIR No. 332 fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for the Project, including the Project Implementation Actions and Discretionary Actions to the extent authorized by law. NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to reclassify the above - described property, unconditionally to exclude the subject site identified in Exhibit 1 to this Resolution from the PR (Public Recreational) Zone to incorporate said property into the PR (PTMU) (Public Recreational — Platinum Triangle Mixed -Use Overlay) Zone; and That this Reclassification No. 2004 -00134 is granted expressly conditioned upon adoption of General Plan Amendment No. 2004 - 00420; Miscellaneous Case No. 2004 -00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005 -00114 to amend The Platinum Triangle Standardized Development Agreement and Miscellaneous Case No. 2005 - 00115. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 22, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION IIiYI1181+� STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of 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 August 22, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION EXHIBIT I o� o• O � ANG �DAVENUE { Z3 1 1 ^try e U r, w U TOWNE CENTRE PLACE \Q' ' o ANAHEIM CITY LIMITS 1 ORANGE TYLfMITS / Miscellaneous Case No. 2005 -00115 Subject Property Reclassification No. 2004- 000134 Date: August 22, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. 119 MISCELLANEOUS CASE NO. 2005 -00115 —TO RESCIND IN PART, RESOLUTION NO. PC2004 -83 AND RECOMMEND THAT THE CITY COUNCIL RESCIND IN PART, RESOLUTION NO. 2004 -180 PERTAINING TO RECLASSIFICATION NO. 2004 -00127 IN ORDER TO RESCIND RESOLUTIONS OF INTENT PERTAINING TO THE RECLASSIFICATION OF A 3.21 -ACRE PROPERTY. RECLASSIFICATION NO. 2004 -00134 — TO RECLASSIFY A 3.21 -ACRE PROPERTY. 1804 ITEM NO. 1 -A �� .. � ■ ■�J ,,. - X11 �I� . / WE 7. -. -.■ mil` t� ■ • -• •. ■' Staff Report to the Planning Commission August 22, 2005 Item No. 4 4a. CEQA SUBSEQUENT EIR NO. 332 AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 138 (Motion for continuance) 4b. GENERAL PLAN AMENDMENT NO. 2005 -00434 4c. AMENDMENT TO PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS PERMIT NO. 2005 - 00111) 4d. REQUEST TO RESCIND RESOLUTION OF INTENT (MISCELLANEOUS PERMIT NO. 2005 - 00116) 4e. RECLASSIFICATION NO. 2005 -00164 4f. ZONING CODE AMENDMENT NO. 2005 -00042 4g. CONDITIONAL USE PERMIT NO. 2005 -04999 4h. DEVELOPMENT AGREEMENT NO. 2005 -00008 SITE LOCATION AND DESCRIPTION: (1) This approximate 41.4 -acre project site is generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of South Betmor Lane in an area of the City of Anaheim known as The Platinum Triangle. The project site is further identified as Sites 1 and 2 on the map below. Site 1 encompasses 31 acres located at 1200- 1558, 1700 and 1800 East Katella Avenue; 1301 -1395 and 1551 Gene Autry Way; 1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane; 1833 and 1841 South State College Boulevard; 1800 and 1801 East Talbot Way. Site ? encompasses 10.4 acres located at 1871, 1881, 1891 1901, 1870 1880 1890, 1900 and 1910 South Betmor Lane and 1100 East Katella Avenue. CERRITOS AVE. = rte a 0 � ° o t HOWELL AVE. m w ° a �4 � KATELLA AV E. Site 2��. =P Site 7 6 e v 2 N J v m z i W i y P y9 'l'C y 9 0 GENE AU TRY WAY 0 F � ORANGEWOOD AVE. OITYOFANAHEIM Legend �� Augune, zoos y Project Site The Platinum Triangle L �m gHwH1 ♦ SR- GPA2005- 00434cdf cont.doc Staff Report to the Planning Commission August 22, 2005 Item No. 4 REQUEST: (2) The applicant requests approval of the following: SUBSEQUENT EIR NO. 332 AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 138 — Determination that Subsequent (SEIR) EIR No. 332 and its Addendum and Mitigation Monitoring Plan No. 138 are adequate to serve as the required environmental documentation for the proposed actions. [The Subsequent EIR has been circulated for a 45 -day public review and is currently scheduled to be considered by the Planning Commission on August 22, 2005, followed by City Council consideration in September. This SEIR would need to be certified by the City Council prior to the City Council approving SEIR No. 332 and its Addendum for the proposed project actions described in this notice.] GPA2005 -00434 — Request to amend the Land Use Element of the City of Anaheim General Plan to redesignate Site 2 from the Office High land use designation to the Mixed Use land use designation. This request would not change the permitted overall intensity for these uses as set forth in the General Plan. MIS2005 -00111 — Request to amend The Platinum Triangle Master Land Use Plan to incorporate Site 2 into the Platinum Triangle Mixed Use (PTMU) Overlay Zone, Katella District. MIS2005 -00116 - Request for Planning Commission to rescind in part Resolution No. PC2004 -83 and recommend that the City Council rescind in part Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 in order to rescind resolutions of intent pertaining to the reclassification of Site 2 from the I (Industrial) to the O -H (High Intensity Office) Zone. RCL2005 -00164 — Request to reclassify Site 2 from the I (Industrial) to the I (PTMU) (Industrial - Platinum Triangle Mixed Use Overlay) Zone. ZCA2005 -00042 — Request to amend Chapter 18.20 (PTMU Overlay) of Title 18 (Zoning Code) of the Anaheim Municipal Code to add educational institutions and condominium hotels as authorized uses subject to the approval of a conditional use permit, to amend the minimum size of balconies for high -rise towers and to amend the parkland dedication requirements. CUP2005 -04999 — Request to permit residential tower structures up to 400 feet in height on Site 1 within Development Areas B, D, E, F, M and N of the Master Site Plan. DAG2005 -00164 — Request to adopt a Development Agreement between the City of Anaheim and Lennar Platinum Triangle, LLC and Sellers (as listed in the Development Agreement) to provide for the development of a Master Site Plan with up to 2,681 residences in a mix of housing types, including high rise residential towers, street townhomes, podium townhomes, and lofts with 150,000 square feet of street - related commercial development adjacent to a new street designated as Market Street. The plan also includes public park space and new connector streets. Staff Report to the Planning Commission August 22, 2005 Item No. 4 (3) This property is currently developed with industrial buildings and two motels. Site 1 is zoned I (PTMU) (Industrial; Platinum Triangle Mixed Use Overlay) and Site 2 is zoned I (Industrial). The Anaheim General Plan designates Site 1 for Mixed Use and Site 2 for Office High land uses. Properties surrounding Site 1 in all directions except to the west are designated for Mixed Use; Site 2 (to the west) is designated for Office High land use. Properties surrounding Site 2 except to the east are designated for Office High; Site 1 (to the east) is designated for Mixed Use land use. The PTMLUP further indicates Site 1 is located in the Katella District of the PTMU Overlay. Site 2 is not currently located in the PTMU Overlay and expansion of the overlay zone is a part of this request. (4) Staff requests a continuance to the September 7, 2005 (Wednesday) Commission meeting to allow time to compile additional information related to this large project for Commission review. RECOMMENDATION (5) That the Planning Commission, by motion, continue this request to the September 7, 2005, Planning Commission meeting.