RES-2014-191RESOLUTION NO. 2014 -191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO.
2014- 00495.
(DEV2012- 00060B)
(10 15 - 1105 EAST KATELLA AVENUE)
WHEREAS, in 2007, the Ronald W. Marshall and Deborah L. Marshall Trust, Dated
January 7, 1989, the Marshall Family Trust, Dated February 14, 2000, and See Development
Limited Partnership (collectively referred to herein as the "Original Owner ") applied for
entitlements allowing for the development of a 327 -unit mixed use residential condominium
project with a 9,500 square foot, full- service restaurant with an outdoor dining area (the
"Original Project ") on that certain real property consisting of approximately 4.13 acres
commonly known as 1005 -1105 East Katella Avenue in the City of Anaheim, County of Orange,
State of California (the "Property "), which Property is generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, in response to the application of the Original Owner, the City Council
approved (i) Conditional Use Permit No. 2007 -05248 to permit the sales and consumption of
alcoholic beverages within a full- service restaurant, (ii) Tentative Tract Map No. 17186 to
establish a 2 -lot (I lettered and 1 numbered) residential subdivision, and (iii) that certain
Development Agreement No. 2007 -00002 (the "Development Agreement "), the original of
which Development Agreement was recorded in the Official Records of the County of Orange,
State of California ( "Official Records ") on March 20, 2008 as Instrument No. 2008000129034;
and
WHEREAS, the Property consists of 2 parcels currently designated for use as "Mixed
Use" on the land use map of the General Plan. These parcels are zoned Industrial (I) and are
located within the Katella District of the Platinum Triangle and, as such, are subject to and must
comply with the land use intensities and the development standards and regulations of Chapter
18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code
(the "Code "); and
WHEREAS, the Original Owner and the City entered into that certain Amendment No. I
to Development Agreement No. 2007 -00002 extending the Term of the Development Agreement
from a period of five years to a period of ten years ( "Amendment No. I"), the original of which
Amendment No. 1 was recorded in the Official Records on June 14, 2012 as Instrument No.
2012000337873;and
WHEREAS, by that certain Assignment and Assumption of Development Agreement,
dated as of December 20, 2012, the Original Owner assigned the Development Agreement, as
amended by Amendment No. 1, to TSG Platinum LP, a Delaware limited partnership ( "TSG "),
the original of which was recorded in the Official Records on December 21, 2012 as Instrument
No. 2012000796335; and
WHEREAS, the City and TSG's successor in interest, Shopoff Advisors, L.P., a
Delaware limited partnership, entered into that certain First Amended and Restated Development
Agreement No. 2007 -00002 (Development Agreement No. 2007- 00002B) ( "First Amended
DA "), to increase the number of units in the project to 350 and eliminate the 9,500 square foot
full- service restaurant from the Original Project, the original of which First Amended DA was
recorded in the Official Records on April 11, 2013 as Instrument No. 2013000217457; and
WHEREAS, on or about January 22, 2014, the Property was acquired by Platinum Vista
Apartments, L.P., a California limited partnership ( "Owner ") and the First Amended DA was
assigned from TSG to Owner pursuant to that certain Assignment and Assumption of
Development Agreement, dated as of January 22, 2014, the original of which was recorded in the
Official Records on January 22, 2014 as Instrument No. 2014000025889; and
WHEREAS, the Development Agreement, Amendment No. 1, and the First Amended
DA shall be referred to herein collectively as the "Existing Development Agreement "; and
WHEREAS, Tentative Tract Map No. 17494 and the Existing Development Agreement
shall be referred to herein collectively as the "Existing Entitlements "; and
WHEREAS, the Original Project, as represented by the Existing Development
Agreement and Existing Entitlements, shall be referred to herein as the "Platinum Vista Project ";
and
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition from Platinum Vista Apartments, LP, a California
limited partnership (herein referred to as the "Owner ") to approve the modification of the site
design and product type of the Platinum Vista Project, consisting of an increase in the number of
dwelling units from 350 to 389 residential apartment units involving the construction of a five -
story "wrap- style" building (five levels of apartments) and a six -story parking structure,
including subterranean parking. To that end, the Owner has requested approval of the following
new entitlements to replace the Existing Entitlements (herein referred to collectively as the
"Proposed New Entitlements "):
(a) An amendment to the General Plan to modify "Table LU -4: General Plan
Density Provisions for Specific Areas of the City" to increase the number of
dwelling units from 350 to 389 residential apartment units ( "General Plan
Amendment No. 2014 - 00495 "), as shown on Exhibit B attached hereto and
incorporated herein by this reference;
(b) An amendment to the Zoning Code to make the Zoning Code consistent with
General Plan Amendment No. 2014 - 00495, as adopted ( "Zoning Code
Amendment No. 2014 - 00117 "); and
(c) An amendment to the Platinum Triangle Master Land Use Plan to be
consistent with General Plan Amendment No. 2014- 00495, including
2
amendments to (i) Chapter 1, Table 1 - General Plan Development Intensities, (ii)
Chapter 3, Section 3.1, (iii) Chapter 3, Section 3.4, (iv) Chapter 3, Table 3, and
(v) Appendix G, to reflect revised development intensities ( "Miscellaneous Case
No. 2014 - 00593 "); and
(d) An amendment to the Existing Development Agreement in the form of the
proposed Second Amended and Restated Development Agreement No. 2007-
00002 (Development Agreement No. 2007- 00002D) (the "Second Amended
DAG ") presented at the meeting at which this Resolution was adopted; and
WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2014-
00007 ( "Final Site Plan ") to provide for the development of the Platinum Vista Project, as
revised by the Owner, contingent upon the approval of the Proposed New Entitlements. The
Platinum Vista Project, as revised by the Owner and subject to the Proposed New Entitlements,
shall be referred to herein as the "Revised Platinum Vista Project "; and
WHEREAS, on September 8, 2014, the Planning Commission of the City of Anaheim
( "Planning Commission ") conducted a public hearing for the proposed Revised Platinum Vista
Project and the Proposed New Entitlements at the Civic Center in the City of Anaheim, notice of
said public hearing having been duly given as required by law and in accordance with the
provisions of Chapter 18.60 of the Code, and considered information presented by City staff and
evidence for and against the proposed Revised Platinum Vista Project and the Proposed New
Entitlements; and
WHEREAS, by the adoption of its Resolution No. PC2014 -080 on September 8, 2014
and pursuant to the provisions of the California Environmental Quality Act (herein referred to as
"CEQA "), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "State CEQA Guidelines "), and the City's Local CEQA
Procedure Manual, the Planning Commission found and determined and recommended that the
City Council so find and determine that (i) Addendum No. 3, dated August 2014 ( "Addendum
No. 3 ") to that certain "Revised Platinum Triangle Expansion Project Subsequent Environmental
Impact Report No. 339" ( "FSEIR No. 339 "), Addendum No. I to FSEIR No. 339, dated April 17,
2012, Addendum No. 2 to FSEIR No. 339, dated December 3, 2012, and related Mitigation
Monitoring Programs and Plans (collectively,, the "CEQA Documents ") satisfies all of the
requirements of CEQA and are adequate to serve as the required environmental documentation
for the Proposed New Entitlements and the Revised Platinum Vista Project; (ii) none of the
conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the
preparation of a subsequent or supplemental EIR have occurred in connection with the Proposed
New Entitlements and the Revised Platinum Vista Project; and (iii) no further environmental
documentation needs to be prepared under CEQA for the Proposed New Entitlements and the
Revised Platinum Vista Project; and
WHEREAS, by the adoption of its Resolution No. PC2014 -080 on September 8, 2014,
the Planning Commission recommended that the City Council approve and adopt proposed
General Plan Amendment 2014 -00495 in the form attached hereto as Exhibit A ; and
3
WHEREAS, upon receipt of said Resolution No. PC2014 -080, summary of evidence,
report of findings and recommendations of the Planning Commission, the City Council did fix
the 21" day of October, 2014, as the time, and the City Council Chamber in the Civic Center, as
the place, for a public hearing on the Proposed New Entitlements and the Revised Platinum Vista
Project, and for the purpose of considering Addendum No. 3 and the other CEQA Documents,
and did give notice thereof in the manner and as provided by law; and
WHEREAS, by the adoption of a resolution concurrently with but prior in time to the
adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines
and the City's Local CEQA Procedure Manual, this City Council has found and determined that
(i) Addendum No. 3 and the other CEQA Documents satisfy all of the requirements of CEQA
and are adequate to serve as the required environmental documentation for the Proposed New
Entitlements and the Revised Platinum Vista Project; (ii) none of the conditions described in
Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a
subsequent or supplemental EIR have occurred in connection with the Proposed New
Entitlements and the Revised Platinum Vista Project; and (iii) no further environmental
documentation needs to be prepared under CEQA for the Proposed New Entitlements and the
Revised Platinum Vista Project; and
WHEREAS, this City Council, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of and based upon all of the testimony,
evidence and reports offered at said hearing, does find and determine as follows:
1. That proposed General Plan Amendment 2014 -00495 maintains internal
consistency with the General Plan as the increase in the number of residential dwelling units is
consistent with the goals and policies set forth in the General Plan for the Mixed Use land use
designation and the Platinum Triangle Master Land Use Plan, as proposed to be amended by, and
contingent upon and subject to the approval by the City Council of, Miscellaneous Case No.
2014- 00593, now pending.
2. That proposed General Plan Amendment 2014 -00495 would not be detrimental
to the public interest, health, safety, convenience, or welfare of the City because the increase in
the number of dwelling units is negligible as it is off -set by the previous deletion of commercial
and office square footage. Further, public recreational amenities were enhanced by an additional
public park for the surrounding community;
3. That proposed General Plan Amendment 2014 -00495 continues to be consistent
with the intent of the General Plan and would maintain the balance of land uses within the City;
and
4. The proposed General Plan Amendment 2014 -00495 is physically suitable to
accommodate the proposed modifications, including but not limited to, access, physical
constraints, topography, provision of utilities, and compatibility with surrounding land uses and
will maintain an accurate reflection of the allotted densities permitted under, and will further the
goals of, the General Plan.
WHEREAS, this City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that
the facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentation, the staff report and all materials
in the project files. There is no substantial evidence, nor are there other facts, that detract from
the findings made in this Resolution. This City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented
to it.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and
determinations, this City Council does hereby approve and adopt General Plan Amendment
2014- 00495, as shown on Exhibit A attached to this Resolution.
BE IT FURTHER RESOLVED that General Plan Amendment 2014 -00495 is hereby
approved contingent upon and subject to the approval by the City Council of the other Proposed
New Entitlements, specifically, Miscellaneous Case No. 2014 - 00593, Zoning Code Amendment
No. 2014 - 00117, and the Second Amended and Restated Development Agreement No. 2007-
00002 (Development Agreement No. 2007- 00002D), now pending.
HI
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this21 stday of October , 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
ATTES .
"J'o
CITY CLERK OF THE CITY OF ANAHEIM
105415- vl /TJR
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
J
EXHIBIT "A"
DEV2012- 00060B
APN: 082 - 261 -27
082 - 261 -28
E KATELLA AVE
m
0
W
0
H
W
N
a
3
z
D
m
a
Uj
W
Y
CC
a
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
00 50 00
FO
EXHIBIT "B"
TABLE LU -4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY
Location
General Plan Land Use Designations
Permitted Density
The Mountain
Low Medium Hillside Density Residential
485
Park Area
(Up to 6 du /ac)
Low Medium Density Residential
2,015
(Up to 16 du/ac)
(Up to 2,500 dwelling units)
Area "A"
(Parcel Map
Low- Medium Density Residential
Up to 140 dwelling units
94 -205)
The Disneyland
Resort Specific
Commercial Recreation
See Note No. 1 on next page.
Plan (SP 92 -1)
Area
The Anaheim
Resort® Specific
Commercial Recreation
See Note No. 2 on next page.
Plan (SP 92 -2)
Area
Hotel Circle
Commercial Recreation
The Hotel Circle Specific Plan allows for a
Specific Plan (SP
master planned hotel project including up to
93 -1) Area
969 hotel rooms and integrated guest oriented
amenities including full- service restaurants,
conference room/banquet facilities, pool and
spa areas, tour bus /shuttle facilities, and
pedestrian promenades and plaza areas with
comprehensive landscaping.
The Platinum
Mixed -Use
Triangle Area
Residential
19,027 4S-,98S dwelling units
Commercial
4,735,111 ^,?n5 -, �" square feet
Office
9,652,747 square feet
Institutional
1,500,000 square feet
Office High and Office Low
4,478,356 square feet*
Institutional
3.0 FAR
Industrial
0.5 FAR
Open Space
0.1 FAR
* The maximum FAR for properties
designated Office -Low is 0.5; the maximum
FAR for properties designated Office -High
is 2.0.
Exhibit "B"
Page 1 of 3
TABLE LU -4: Low Density Residential Up to 35 dwelling units
GENERAL PLAN
DENSITY
PROVISIONS
FOR SPECIFIC
AREAS OF THE
CITY
Note No. 1: The Disneyland Resort Specific Plan provides for the development of an approximate 489.7 acre
international multi -day vacation designation resort including ongoing modifications to the Disneyland theme park,
the development of a new theme park, additional hotels and entertainment areas, administrative office facilities, new
public and private parking facilities, and an internal transportation system. This development is within five planning
Districts (Theme Park, Hotel, Parking, Future Expansion and District A) and a C -R Overlay, which allows
development within the Overlay to either be consistent with the underlying Resort District or subject to the same
land uses as in the Anaheim Resort Specific Plan No. 92 -2 Zone. The Disneyland Resort Specific Plan also
identifies maximum development density designations for hotel /motel development in the Hotel District (up to 5,600
hotel rooms for the entire District with up to 1,000 hotel rooms transferable to the Theme Park District), in District
A (the maximum number of units permitted would be 75 hotel /motel rooms per gross acre or 75 hotel /motel rooms
per parcel existing on June 29, 1993, whichever is greater) and the C -R Overlay (the maximum number of units
permitted on a parcel would be the following: 1) for parcels designated Low Density — up to 50 hotel rooms per
gross acre or 75 rooms, whichever is greater; and 2) for parcels designated Medium Density — up to 75 hotel rooms
per gross acre or 75 rooms, whichever is greater; provided that for those parcels that are developed with hotel /motel
rooms which exceeded the maximum density designation, the number of rooms existing on the date of adoption of
The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density.) It should be
noted that accessory uses may be developed as well as other visitor - serving commercial /retail and restaurant uses
along with these hotel /motel uses. The Disneyland Resort Specific Plan also provides for the development of the
Anaheim GardenWalk project pursuant to the Anaheim GardenWalk Overlay at the following density and subject to
the approval of Conditional Use Permit No. 4078, as amended, to permit the following: up to 590,265 square feet of
specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms /suites (including up
to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800
parking spaces. The Anaheim GardenWalk Overlay encompasses District A and the portion of the Parking District
(East Parking Area) /CR Overlay south of Disney Way.
Note No. 2: The Anaheim Resort Specific Plan provides for the development of approximately 582 acres within the
C -R (Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well
as restaurants, retail shops and entertainment facilities; the PR (Public Recreation) District which encompasses the
Anaheim Convention Center and associated parking facilities and provides for the orderly use of City -owned
property as well as the existing Anaheim Hilton Hotel; the Mobilehome Park (MHP) Overlay which encompasses
existing mobilehome parks within the C -R District and provides development standards for mobilehome parks and
regulations and procedures to mitigate relocation concerns and adverse effects of displacement upon mobilehome
owners when a park is converted to another land use; and, the Anaheim Resort Residential Overlay, which applies to
focused areas of the Specific Plan and provides for the incorporation of residential uses into hotel developments
when such uses are fully integrated into a minimum 300 -room full- service hotel. The Anaheim Resort Specific Plan
also identifies maximum development density designations in the C -R District. These designations are based upon
hotel /motel development and allow up to 20% of each hotel /motel project gross square footage, excluding parking
facilities, to be developed with integrated (i.e., included within the main hotel /motel complex) accessory uses. These
accessory uses will reduce the otherwise maximum permitted hotel /motel density at the rate of one hotel /motel room
per six hundred (600) gross square feet of accessory use. For properties proposed to be developed with permitted
and conditionally permitted uses other than hotels /motels with accessory uses, the traffic generation characteristics
of said uses shall not exceed those associated with the otherwise permitted hotel /motel (including accessory uses)
density as determined by the City Traffic and Transportation Manager prior to Final Site Plan review and approval.
The density designations are as follows: "Low Density," which has a maximum density of up to 50 rooms per gross
acre or 75 rooms per lot or parcel, whichever is greater; "Low- Medium Density," up to 75 rooms per gross acre or
75 rooms per lot or parcel, whichever is greater; "Low- Medium Density (Modified)," up to 252 rooms and 75,593
square feet of accessory uses; "Medium Density," up to 100 rooms per gross acre or 75 rooms per lot or parcel,
whichever is greater; and, "Convention Center (CC) Medium Density," up to 125 rooms per gross acre with tri
Exhibit "B"
Page 2 of 3
generation characteristics mitigated to the equivalent of 100 rooms per gross acre or 75 rooms per lot or parcel,
whichever is greater. For those parcels that are developed with hotel /motel rooms which exceed the maximum
density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan
Ordinance may be rebuilt or modified at their existing density. For projects that are developed in accordance with
the Anaheim Resort Residential Overlay, the maximum number of dwelling units allowed shall be less than the
number of hotel rooms proposed and such projects shall not create infrastructure impacts greater than the subject
property's permitted hotel /motel density, as permitted by the property's underlying C -R District density designation
unless otherwise mitigated through subsequent environmental analysis.
Exhibit "B"
Page 3 of 3