RES-2014-192 RESOLUTION NO. 2014-192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND ADOPTING AN AMENDMENT TO
THE PLATiNUM TRIANGLE MASTER LAND USE PLAN.
(MISCELLANEOUS CASE NO. 2014-00593)
(DEV2012-00060B)
(1015 - 1105 EAST KATELLA AVENUE)
WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 and State Route 57 ("SR-57 Freeway") freeways in the City of
Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west
of the Santa Ana River channel and the SR-57 Freeway, south of the Southern California Edison
easement, and north of the Anaheim City limit. The Platinum Triangle encompasses the Angel
Stadium, the Honda Center, the City National Grove of Anaheim, the Anaheim
Amtrak/Metrolink Station, and surrounding residential and mixed use development, light
industrial buildings, industrial parks, distribution facilities, offices, hotels, restaurants, and retail
development; and
WHEREAS, since 1996, the City Council of the City of Anaheim ("City Council") has
approved several actions relating to the area encompassed by the Platinum Triangle; and
WHEREAS, on May 30, 1996, the City Council certified Final Environmental Impact
Report No. 320 and adopted Area Development Plan No. 120 for that portion of the Angel
Stadium property associated with the Sportstown Development. Area Development Plan No.
12Q entitled a total of 119,543 seats for new and/or renovated stadiums, 750,000 square feet of
urban entertainment/retail uses, a 500-room hotel (550,000 square feet), a 150,000-square-foot
exhibition center, 250,000 square feet of office development and 15,570 on-site parking spaces.
The Crrove of Anaheim, the renovated Angel Stadium and the Stadium Gateway Office Building
were developed/renovated under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan ("MLUP"). The boundaries of the MLUP were generally the same as
those for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to
the Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part
of the approval process for the MLUP, the City Council also certified Final Environmental
Impact Reporti No. 321 and adopted Mitigation Monitoring Program No. 106. Development
within the boundaries of the MLUP was implemented through the Sports Entertainment Overlay
Zone ("SE Overlay Zone"), which permitted current uses to continue or expand within the
provisions of the existing zoning, while providing those who may want to develop sports,
entertainment, retail, and office uses with standards appropriate to those uses, including
increased land use intensity. Implementation of the SE Overlay Zone was projected to result in a
net loss of 491,303 square feet of industrial space and increases of 1,871,285 square feet of new
office space, 452,026 square feet of new retail space, and 991,603 square feet of new hotel space.
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Projects that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena
Corporate Center, and the Westwood School of Technology; and
WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide
General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle.
The General Plan Update changed the General Plan designations within the 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 intensities for the Platinum Triangle,
which permitted up to 9,175 dwelling units, 5,000,000 square feet of office space, 2,044,300
square feet of commercial uses, industrial development at a maximum floor area ratio ("FAR") of
0.50, and institutional development at a m�imum FAR of 3.0. In addition, the square
footage/seats allocated to the existing Honda Center and all of the development intensity entitled
by Area Development Plan No. 120 was incorporated into the Platinum Triangle Mixed-Use land
use designation. Final Environmental Impact Report No. 330 ("FEIR No. 330"), which was
prepared for the General Plan and Zoning Code Update and associated actions, analyzed the
above development intensities on a City-wide impact level and adopted mitigation monitoring
programs, including that certain Updated and Modified Mitigation Monitoring Plan No. 106 for
the Platinum Triangle; and
WHEREAS, on August 17, 2004 and in order to provide the implementation tools
necessary to realize the City's new vision for the Platinum Triangle, the City Council replaced
the MLUP with the Platinum Triangle Master Land Use Plan (the "PTMLUP"), replaced the SE
Overlay Zone with the Platinum Triangle Mixed Use Overlay Zone ("PTMU Overlay Zone"),
approved the form of a Standardized Platinum Triangle Development Agreement, and approved
associated zoning reclassifications. Under these updated zoning regulations, property owners
desiring to develop under the PTMU Overlay Zone provisions were thereafter required to enter
into a standardized Development Agreement with the City of Anaheim; and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent
Environmental Impact Report No. 332 {"FSEIR No. 332") adopting a Statement of Findings of
Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation
Monitoring Program No. 106A to provide for the implementation of the PTMLUP, 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, which collectively allowed for an increase in the allowable development
intensities within the Platinum Triangle to 9,500 residential units, 5,000,000 square feet of office
uses, and 2,254,400 square feet of commercial uses; and
WHEREAS, following the certification of FSEIR No. 332, the City Council approved
two addenda to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle
intensity by 67 residential units, 55,550 square feet of office development, and 10,000 square
feet of commercial uses. A project Environmental Impact Report was also approved to increase
the allowable development intensities by an additional 699 residential units to bring the total
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allowable development intensity within the Platinuxn Triangle to up to 10,266 residential units,
5,055,550 square feet of office uses, and 2,264,400 square feet of commercial uses; and
WHEREAS, on February I3, 2Q07, the City embarked upon a process to amend the
General Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized
Development Agreement, and related zoning reclassifications to increase the allowable
development intensities within the Platinum Triangle to up to 18,363 residential units, 5,657,847
square feet of commercial uses,16,819,015 square feet of office uses, and 1,500,000 square feet
of institutional uses (the "Platinum Triangle Expansion Project"); and
WHEREAS, on December 11, 2007, the City Council certified Final Subsequent
Environmental Impact Report No. 334 ("FSEIR No. 334"} adopting a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A in conjunction with its consideration and approval of General
Plan Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089, Zoning Code
Amendment No. 2004-00036, and a series of other related actions in order to provide for the
implementation of the PTMLUP and approval of the Platinum Triangle Expansion Project; and
WHEREAS, in 2007, in response to the application of 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 "Original
Owner") 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 1005-11 OS East Katella Avenue in the City of Anaheim, County of Orange,
State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"), the City Council determined that FSEIR
No. 334, including Updated and Modified Mitigation Monitoring Plan No. 106B for the
PTMLUP and Mitigation Monitoring Plan No. 153, served as the appropriate environmental
documentation for the Original Project. In addition to Development Agreement No. 2007-00002
(the "Development Ageement"), the City Council approved Conditional Use Permit No. 2007-
05248 to permit the sales and consumption of alcoholic beverages within a full-service restaurant
and Ten�ative Tract Map No. 17186 to establish a 2-lot (1 lettered and 1 numbered) residential
subdivision on the Property; and
WHEREAS, on January 8, 2008, the City Council adopted Ordinance No. 6090
approving the Development Agreement. The Development Agreement was recorded in the
Official Records of the County of Orange, California ("Official Records") on March 20, 2008 as
Instrument No. 2008000129034; and WHEREAS, subsequent to the approval of Conditional Use
Permit No. 2007-05248 and the Development Agreement, a lawsuit was filed challenging the
adequacy of FSEIR No. 334. The City Council thereafter repealed the approval of the Platinum
Triangle Expansion Project, including FSEIR No. 334 and various related actions, and directed
staff to prepare a new Subsequent Environmental Impact Report for the Platinum Triangle
Expansion Project; and
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WHEREAS, on October 26, 2010, the City Council approved amendments to the General
Plan ("General Plan Amendment No. 2008-00471 "), the PTMLUP ("Miscellaneous Case No.
2007-OQ188"), the PTMLT Overlay Zone, and related zoning reclassifications to increase the
allowable development intensities within the PTMU Overlay Zone to up to 18,909 residential
units, 14,340,522 square feet of office uses, 4,909,682 square feet of commercial uses, and
1,500,000 square feet of institutional uses. Before approving said amendments and zoning
reclassifications, the City Council approved and certified the "Revised Platinum Triangle
Expansion Project Subsec�uent Environmental Impact Report No. 339" for the Revised Platinum
Triangle Expansion Project, including Updated and Modified Mitigation Monitoring Plan No.
106C (collectively referred to herein as "FSEIR No. 339") ; and
WHEREAS, certain additional development approvals and permits were subsequently
approved by the City for the Property, including (1) Amendment No. 1 to Development
Agreement No. 2007-00002 (Development Agreement No. 2007-00002A), extending the Term
of the Development Agreement from a period of five years to a period of ten years; (2) First
Amended and Restated Development Agreement No. 2007-00002 (Development Agreement No.
2007-00002B) (the "First Amended DA"), to increase the number of units in the Original Project
to 350 and eliminate the 9,500 square foot full-service restaurant; and (3) Tentative Tract Map
No. 17494. Amendment No. 1 to Development Agreement No. 2007-00002 was recorded in the
Official Records on June 14, 2012, as Instrument No. 2012000337873. The First Amended DA
was recorded in the Official Records on April 1 l, 2013, as Instrument Na 20I3000217457; and
WHEREAS, the Development Agreement, Amendment No. 1 to Development
Agreement No. 2007-00002, and the First Amended DA shall be referred to herein collectively
as the "Existing Development Agreement"; and
WHEREAS, the Existing Development Agreement and Tentative Tract Map No. 17494
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, Addendum No. 1 to FSEIR No. 339, dated April 17, 2012 ("Addendum No.
1"), was prepared and considered by the City Council in connection with the Katella Avenue/I-5
Undercrossing Improvements project because none of the conditions described in Section 15162
of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact
report had occurred; and
WHEREAS, on December 18, 2012, the City Council approved amendments to the
General Plan ("General Plan Amendment No. 2012-00486"), the PTMLUP ("Miscellaneous Case
No. 2012-00559"), and the PTMU Overlay Zone ("Zoning Code Amendment No. 2012-00107")
to increase the number of dwelling units and reduce the amount of office and commercial
development allowed within the Mixed-Use land use designation of the Platinum Triangle and to
amend various Elements of the General Plan to include the addition of a public park ("General
Plan Amendment No. 2012-00486"); and
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WHEREAS, Addendum No. 2 to FSEIR No. 339, dated December 3, 2012 ("Addendum
No. 2"), was prepared and considered by the City Council in connection with proposed revisions
to a master planned mixed-use project on a 7.01-acre (approximate) parcel commonly known as
905-917 East Katella Avenue to allow the development of a four-story "wrap style" residential
building consisting of 399 dwelling units with a five-story parking structure and a public park
(the "Platinum Gateway Project"). The Platinum Gateway Project is located adjacent to the
Property; and
WHEREAS, on January 22, 2014, the Property was acquired by the Owner and the First
Amended DA was assigned from TSG Platinum LP, a Delaware limited partnership (successor to
Shopoff Advisors, L.P.), to the 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 3anuary 22, 2014 as Instruxnent No. 2014000025889; and
WHEREAS, the City of Anaheim received a verified petition from Platinum Vista
Apartments, LP, a California limited partnership (herein referred to as the "Owner"), to approve
a proposed amendment to the Platinum Triangle Master Land Use Plan to modify (i) Chapter 1,
Table 1- General Plan Development Intensities, (ii) Chapter 3, Section 3.1, (iii) Cl�apter 3,
Section 3.4, (iv) Chapter 3, Table 3, and (v) Appendix G, to reflect revised development
intensities ("Miscellaneous Case No. 2014-00593 ") in order to reflect an increase in the number
of dwelling units from 350 to 389 residential apartment units on the Property; 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, Miscellaneous Case No. 2014-00593 is proposed in conjunction with the
Owner's application for the following entitlements, which together with Miscellaneous Case No.
2014-00593 shall be referred to herein 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 Existing Development Agreement in the form of the proposed
Second Amended and Restated Development Agreement No. 2007-00002 (Development
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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, 2414
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 refened 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. 1 to FSEIR No. 339, dated April 17,
2012, Addendum No. 2 to FSEIIZ No. 339, dated December 3, 2012, and related Mitigation
Monitoring Programs and Plans (collectively, the "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, by the adoption of its Resolution No. PC2014-082 on September 8, 2014,
the Planning Commission recommended that the City Council amend the Platinum Triangle
Master Land Use Plan by approving and adopting Miscellaneous Case No. 2014-00593 in the
form attached hereto as Exhibits B, C and D; and
WHEREAS, upon receipt of said Resolution No. PC2014-082, summary of evidence,
report of findings and recommendations of the Planning Commission, the City Council did fix
the 21 St 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
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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:
L That the proposed amendments to the Platinum Triangle Master Land Use Plan
in the form attached hereto as Exhibits B, C and D are consistent with the goals and policies
established for the development of the Platinum Triangle as set forth in the City of Anaheim
General Plan.
2. That the proposed amendments to the Platinum Triangle Master Land Use Plan
in the form attached hereto as Exhibits B, C and D are consistent with the goals and policies
established for the PTMLUP.
3. That the proposed amendments to the Platinum Triangle Master Land Use Plan
in the form attached hereto as E�ibits B, C and D will result in development of desirable
character that will be compatible with existing and proposed development in the surrounding
area.
4. That the proposed amendments to the Platinum Triangle Master Land Use Plan
in the form attached hereto as Exhibits B, C and D respect environmental, aesthetic and historic
resources consistent with economic realities.
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.
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NOW, THEREFORE, BE TT RESOLVED that based upon the aforesaid findings and
determinations, this City Council does hereby approve and adopt Miscellaneous Case No. 2014-
00593, as shown on Exhibits B, C and D attached to this Resolution. .
BE IT FURTHER RESOLVED that Miscellaneous Case No. 2014-00593 is hereby
approved contingent upon and subject to the approval of the other Proposed New Entitlements,
specifically, General Plan Amendment 2014-00495, Zoning Code Amendment No. 2014-00117,
and the Second Amended and Restated Development Agreement No. 2007-00002 (Development
Agreement No. 2007-00002D}, now pending.
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
CITY OF ANAHEIM
MA OR OF THE CITY OF ANAHEIM
ATTEST
CITY CLERK OF THE CITY OF NAHEIM
1a5437-v1/TJR
8
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EX�IIBIT "A"
DEV2012-00060B
APN: 082-261-27
082-261-28
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EXHIBIT `B"
PTMLUP Amendment
Chapter 1
Table 1- General Plan Development Intensities
.Tabie 1: ;
Generai Plan Deuelppment Intensities
Lan� Use Designation �����m Amount of
Development P�rmitted
Mixed-Use
• Residential 19,027 Dwelling Units
• Commercial 4,735,111 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 Floor Area Ratio
(FAR)
Industrial 0.5 FAR
Open Space 0.1 FAR
EXHIBIT "C"
PTMLUP Amendment
Chapter 3
Table 3- General Plan Designations
PTMU Overla Zone Develo ment Intensities*
District Acres Housing Office Commercial Institutional
Units Square Feet Square Feet Square Feet
Arena 41 425 'I�0l�DO �' 7OD,D00 0�
ARTIC 17 520 2,202,803 358,000 1,500,000
Gateway �0 : 2;�49� ' 562;25� . 64,O�D T` 0'.
Gene Autry 33 2,362 338,200 304,700 0
Kat�lfa �1�#� ; �,$2�f 1 ' �58,043 � 0
Orangewood 35 1,771 1,402,855 130,000 0
�tadium F '133 ,. �,17�. �,�125,DOD � : 3;120,368 �� fl
Total Mixed Use 470 19,027 9,652,747 4,735,111 1,500,000
�ffice 921 � '0� 4,478,356 ' 0 � D
Total PTMU OverlayZone 591 'l9,027 14,'t31,103 4,735,111 1,500,000
*Development intensities are further described in Appendix G.
EXHIBIT "D"
PTMLUP Amendment
APPENDIX G
PTMU Overlay Zone District Sub-Area Development Intensity Maps
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