RES-2015-268RESOLUTION NO. 2015-268
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17703.
(TENTATIVE TRACT MAP NO. 17703)
(DEV2013-00034A)
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 Regional
Transportation Intermodal Center ("ARTIC"), 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.
120 entitled a total of 119,543 seats for new and/or renovated stadiums, 750,000 square feet of
urban entertainment/retail uses, a 500 -room hotel (550,000 square feet), a 150,000 -square -foot
exhibition center, 250,000 square feet of office development, and 15,570 on-site parking spaces.
The Grove of Anaheim, the Angel Stadium and the Stadium Gateway Office Building were
either developed or renovated under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan ("MLUP"). The boundaries of the MLUP were generally the same as
those for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to
the Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part
of the approval process for the MLUP, the City Council also certified Final Environmental
Impact Report No. 321 and adopted Mitigation Monitoring Program No. 106. Development
within the boundaries of the MLUP was implemented through the Sports Entertainment Overlay
Zone ("SE Overlay Zone"), which permitted current uses to continue or expand within the
provisions of the existing zoning, while providing those who may want to develop sports,
entertainment, retail, and office uses with standards appropriate to those uses, including
increased land use intensity. Implementation of the SE Overlay Zone was projected to result in a
net loss of 491,303 square feet of industrial space and increases of 1,871,285 square feet of new
office space, 452,026 square feet of new retail space, and 991,603 square feet of new hotel space.
Projects that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena
Corporate Center, and the Westwood School of Technology; and
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 (known as "General Plan Amendment No. 2004-00419") 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 maximum FAR of 3.0. In addition, the square footage/seats allocated to the
existing Honda Center and all of the development intensity entitled by Area Development Plan
No. 120 was incorporated into the Platinum Triangle Mixed -Use land use designation. Final
Environmental Impact Report No. 330 ("FEIR No. 330"), which was prepared for the General
Plan and Zoning Code Update and associated actions, analyzed the aforementioned 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 those 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"), adopted 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 and Zoning Code Amendment No. 2004-00036, 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, also on October 25, 2005 and in response to the application of Lennar
Platinum Triangle, LLC ("Original Developer"), Don H. Watson, Trustee of the Don H. Watson
Family Trust, Julius Realty Corporation, Traffic Control Services, Inc., Joselito D. Ong and
Renee Dee Ong, Roger C. Treichler and Vicki Treichler, as Co -Trustees of the Treichler Family
Trust, the Robert Stovall Family Partnership, L.P. and Jennifer Leonard and Linda Gaffney, as
tenants in common (collectively referred to herein, along with the Original Developer, as the
"Original Owner") for entitlements allowing for the development of up to 2,681 residences with
a mix of housing types, including high rise residential towers, street townhomes, podium
townhomes and lofts, with 150,000 square feet of street -related retail commercial development,
2
public park space and associated infrastructure to be developed in four phases (the "Original
Project") on certain real property consisting of approximately 43 acres and bounded by State
College Boulevard on the east, Gene Autry Way on the south, and Katella Avenue on the north
(the "Property"), the City Council determined that FSEIR No. 332, a revision to the Updated and
Modified Mitigation Monitoring Program No. 106A to add new mitigation measure MM 5.10-7
thereto, and an Addendum to FSEIR No. 332, together with Mitigation Monitoring Plan No. 138,
were, collectively, adequate to serve as the required environmental documentation for the
Original Project and that no further environmental documentation needed to be prepared for the
Original Project and the "Original Development Approvals" (as defined below) for the Original
Project. The Property is generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference; and
WHEREAS, the entitlements for the Original Project consisted of (1) General Plan
Amendment No. 2005-00434, to amend Figure LU -4 of the Land Use Element of the General
Plan to re -designate an approximately 10.4 -acre site from the "Office -High" land use designation
to the "Mixed -Use" land use designation; (2) Miscellaneous Case No. 2005-00111 to amend the
PTMLUP to incorporate an approximately 10.4 -acre site into the Katella District of the PTMU
Overlay Zone; (3) Miscellaneous Case No. 2005-00116 to rescind, in part, City Council
Resolution. No. 2004-00008 pertaining to Reclassification No. 2004-00127; (4) Reclassification
No. 2005-00164, to reclassify an approximately 10.4 -acre site from the "I" Industrial Zone to the
PTMU Overlay Zone, meaning that the provisions of the PTMU Overlay Zone shall apply to the
Property in addition to and, where inconsistent therewith, shall supersede any regulations of the
"I" Industrial Zone; (5) Zoning Code Amendment No. 2005-00042, to incorporate an
approximately 10.4 -acre site into the Platinum Triangle; (5) Conditional Use Pen -nit No. 2005-
04999, permitting residential tower structures up to 400 feet in height on a portion of the
Property; (6) Development Agreement No. 2005-0008; and (7) Tentative Tract Map No. 16859
for condominium purposes (collectively, the "Original Development Approvals"); and
WHEREAS, on October 25, 2005, the City Council approved the Original Development
Approvals for the Original Project; thereafter, the City and the Original Owner entered into the
Original Development Agreement on or about November 8, 2005, which was recorded in the
Official Records of the County of Orange on December 13, 2005 as Instrument No.
2005000992876 (the "Original Development Agreement"); and
WHEREAS, in reliance on the Original Development Approvals, the Original Developer
constructed certain improvements on and about the Property in accordance with the design of
Tract Map No. 16859; 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
allowable development intensity within the Platinum Triangle up to 10,266 residential units,
5,055,550 square feet of office uses, and 2,264,400 square feet of commercial uses; and
3
WHEREAS, on February 13, 2007, the City embarked upon a process to amend the
General Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized
Development Agreement, and related zoning reclassifications to increase the allowable
development intensities within the Platinum Triangle to up to 18,363 residential units, 5,657,847
square feet of commercial uses, 16,819,015 square feet of office uses, and 1,500,000 square feet
of institutional uses (the "Platinum Triangle Expansion Project"); and
WHEREAS, 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, 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
WHEREAS, the Developer's request for an amendment to the Original Development
Agreement to extend the term for an initial period of five (5) years to an initial period of ten (10)
years and for revisions to the "Term Extension Milestones" was approved by the City Council on
December 16, 2008. Accordingly, on or about January 21, 2009, the City and Developer entered
into that certain Amendment No. 1 to the Original Development Agreement, which was recorded
in the Official Records on February 23, 2009 as Instrument No. 2009000081175 ("Amendment
No. V); and
WHEREAS, the Original Development Agreement and Amendment No. 1 shall be
referred to herein collectively as the "Existing Development Agreement"; and
WHEREAS, the Existing Development Agreement and the Original Development
Approvals shall be referred to herein collectively as the "Existing Entitlements"; and
WHEREAS, on or about October 26, 2010, the City Council approved the Revised
Platinum Triangle Expansion Project, which included amendments to the General Plan ("General
Plan Amendment No. 2008-00471 "), the PTMLUP ("Miscellaneous Case No. 2007-00188"), the
PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development
intensities within the PTMU Overlay Zone from 10,266 residential units 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 Subsequent 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
El
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 of California Guidelines for Implementation of the California Environmental Quality
Act ("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; and
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 399 dwelling units (the "Platinum
Gateway Project"); and
WHEREAS, Addendum No. 3 to FSEIR No. 339, dated August 2014 ("Addendum No.
3 "), was prepared and considered by the City Council in connection with proposed revisions to a
master planned mixed-use project on a 4.13 -acre (approximate) parcel commonly known as
1005-11105 East Katella Avenue to increase the allowable number of residential dwelling units
from 350 to 389 (the "Platinum Vista Project"). On October 21, 2014, the Anaheim City Council
adopted General Plan Amendment No. 2014-00495 to permit the increase in the number of
dwelling units for the Platinum Vista Project. Thereafter, to be consistent with General Plan
Amendment No. 2014-00495, the Anaheim City Council adopted its Ordinance No. 6309 on
November 18, 2014, which had the effect of increasing the maximum square footage for
commercial uses within the Katella District of the PTMU Overlay Zone to 634,643 square feet,
resulting in an aggregate increase in the square footage for commercial uses within the PTMU
Overlay Zone to 4,795,111. Ordinance No. 6309 also had the effect of increasing the maximum
number of housing units within the PTMU Overlay Zone to 18,999. However, to correct clerical
errors subsequently discovered in the tabulation of those density numbers in Ordinance No.
6309, the Anaheim City Council adopted its Ordinance No. 6319 on April 7, 2015. Ordinance
No. 6319 had the effect of establishing (1) the maximum square footage for commercial uses
within the Katella District as 658,043 square feet, (2) the maximum square footage for
commercial uses within the PTMU Overlay Zone, as a whole, as 4,735,111, and (3) the
maximum number of housing units within the PTMU Overlay Zone as 19,027; and
WHEREAS, subsequent to recordation of Amendment No. 1, fee title interest in the
Property was transferred, and the Existing Development Agreement was assigned, to PT Metro,
LLC, a Delaware limited liability company (hereinafter referred to as the "Owner"); and
WHEREAS, the City of Anaheim received a verified petition from the Owner to approve
proposed Tentative Tract Map No. 17703 for condominium purposes to re -subdivide
approximately 36.7 acres of the Property (excludes a portion of Westside Drive and
E
Development Area A of the proposed new Master Site Plan, formerly Development Areas J and
0 of the approved Master Site Plan or Lots 1 and 11 of Tract 16859) into lots which correspond
with the Development Areas and recreation areas (Public Park and Public Linear Park)
established by the proposed new Master Site Plan, now pending. Tentative Tract Map No. 17703
is proposed in conjunction with the Owner's application for the following additional entitlements,
which, together with Tentative Tract Map No. 17703, are intended to modify the site design and
product type of the Original Project, consisting of development of a minimum of 1,400 and a
maximum of 1,746 residential dwelling units, a Public Park and Public Linear Park consisting of
approximately 1.8 acres, and a minimum of 38,000 gross floor area of commercial/retail
development (except that Tentative Tract Map No. 17703 is not meant to replace that portion of
Tract 16859 which is being re -subdivided by proposed Tentative Tract Map No. 17703 but
which will be subject to the revised Master Site Plan) to .replace the Existing Entitlements (the
"Revised Project"):
1. An amendment to the General Plan to reflect the relocation of the
public park ("General Plan Amendment No. 2013-00490");
2. An amendment to the Platinum Triangle Master Land Use Plan to,
among other things, reconfigure the Property's circulation system, street types and
street -section design based on a new Master Site Plan for the Revised Project, to
reflect modified ground floor commercial/retail use locations within Development
Areas B and C of the new Master Site Plan, and to delete Appendix F (A -Town
Metro Public Realm Landscape and Identity Program) ("Miscellaneous Case No.
2015-00598");
3. An amendment to the PTMU Overlay Zone to make the Zoning Code
consistent with General Plan Amendment No. 2013-00490, as adopted ("Zoning
Code Amendment No. 2013-00112") to modify the requirement for ground floor
commercial uses on Market Street and to clarify that ground floor commercial
uses are required on Gene Autry Way east of Union Street;
4. Amended and Restated Development Agreement No. 2005-00008C, in
the form presented at the meeting at which this Resolution was adopted, to amend
and restate the Existing Development Agreement in its entirety in order to provide
for the development of the Project and certain vested development rights in
connection therewith; and
5. A proposed new Master Site Plan for the Property to reconfigure the
Revised Project's land use and circulation plan to provide flexible Development
Areas, relocation of two public parks, and to revise the approved circulation
system in order to provide an east-west/north-south grid street system to be
compatible with existing market demands and economic conditions while still
providing an urban development consistent with the goals, principles and design
guidelines of the PTMLUP; and
WHEREAS, the City of Anaheim has also received a verified petition from the Owner to
approve proposed Final Site Plan No. 2014-00002 to construct a 400 -unit apartment project with
2
a 6 -story parking structure in Development Area "A" of the proposed Master Site Plan (i.e., Lots
1 and 11 of Tract 16859); and
WHEREAS, General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015-
00598, Zoning Code Amendment No. 2013-00112, Tentative Tract Map No. 17703, Amended
and Restated Development Agreement No. 2005-00008C, the proposed new Master Site Plan,
and Final Site Plan No. 2014-00002 shall be referred to herein collectively as the "Proposed New
Entitlements"; and
WHEREAS, General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015-
00598, Zoning Code Amendment No. 2013-00112, Tentative Tract Map No. 17703, Amended
and Restated Development Agreement No. 2005-00008C, and the proposed new Master Site
Plan shall be referred to herein collectively as the "Proposed New Entitlements"; and
WHEREAS, in connection with the Proposed New Entitlements, Addendum No. 4 to
FSEIR No. 339, dated June 2015 ("Addendum No. 4"), a copy of which is on file in the Planning
Department and incorporated herein by this reference as though fully set forth, has been prepared
in order to determine whether any significant environmental impacts which were not identified in
the previously -approved FSEIR No. 339 would result or whether previously identified significant
impacts would be substantially more severe. FSEIR No. 339, Addendum No. 1, Addendum No.
2, Addendum No. 3 and Addendum No. 4, together with Mitigation Monitoring Program 106C
approved in conjunction with FSEIR No. 339, and Mitigation Monitoring Plan No. 321 for the
Revised Project collectively constitute the environmental documentation under and pursuant to
the California Environmental Quality Act of 1970, as amended ("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
relating to the Proposed New Entitlements and the Revised Project and shall be referred to herein
collectively as the "CEQA Documents"; and
WHEREAS, on September 9, 2015, the Planning Commission did hold a public hearing,
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, to hear and consider evidence and testimony
concerning the contents and sufficiency of Addendum No. 4 and for and against the Proposed
New Entitlements and the Revised Project and to investigate and make findings in connection
therewith; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to the Proposed New Entitlements and the Revised Project, including Addendum
No. 4, together with the other CEQA Documents, and did adopt its Resolution No. PC2015-065
containing a report of its findings, a summary of the evidence presented at said hearing, and
finding and determining and also recommending that this City Council so find and determine that
(i) Addendum No. 4, together with 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 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
7
supplemental EIR have occurred in connection with the Proposed New Entitlements and the
Revised Project; and (iii) no further environmental documentation needs to be prepared under
CEQA for the Proposed New Entitlements and the Revised Project; and
WHEREAS, by the adoption of its Resolution No. PC2015-070 on September 9, 2015,
the Planning Commission recommended that the City Council approve proposed Tentative Tract
Map No. 17703 in the form presented at this hearing; and
WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2015-065,
PC2015-066, PC2015-067, PC2015-068, PC2015-069, PC2015-070 and PC2015-071, summary
of evidence, report of findings and recommendations of the Planning Commission, the City
Council did fix the 6t' day of October, 2015, 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 Project and for the purpose of considering Addendum No. 4, together with 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 the
following:
1. That Addendum No. 4 together with the other CEQA Documents
collectively constitute the environmental documentation under and pursuant to
CEQA relating to the Proposed New Entitlements and the Revised Project; and
2. That, pursuant to the findings contained in said concurrent resolution,
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 Project and, together with Mitigation Monitoring
Program No. 321 for the Revised Project, should be approved and adopted; and
3. That no further environmental documentation needs to be prepared
under CEQA for the Proposed New Entitlements and the Revised Project.
WHEREAS, 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 relating to the Proposed New Entitlements and the Revised Project, including
Addendum No. 4, together with the other CEQA Documents, this City Council does find and
determine that proposed Tentative Tract Map No. 17703, in the form presented at this meeting,
meets all of the requirements set forth in Resolution No. 82R-565 (the "Procedures Resolution"),
which was adopted by the City Council on November 23, 1982; that is:
1. That the proposed subdivision of the Property, as shown on proposed
Tentative Tract Map No. 17703, including its design and improvements, is
consistent with the General Plan of the City of Anaheim, as amended by General
Plan Amendment No. 2013-00490;
2. That the site is physically suitable for the type and density of the
proposed Revised Project, as represented on the Master Site Plan;
3. That the design of the subdivision, as shown on proposed Tentative
Tract Map No. 17703, is not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat, as no sensitive
environmental habitat has been identified;
4. That the design of the subdivision, as shown on proposed Tentative
Tract Map No. 17703, or the type of improvements is not likely to cause serious
public health problems; and
5. That the design of the subdivision, as shown on proposed Tentative
Tract Map No. 17703, or the type of improvements will not conflict with
easements acquired by the public, at large, for access through or use of property
within the proposed subdivision.
WHEREAS, the 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. The 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 and based upon a thorough review of proposed Tentative Tract Map No. 17703,
Addendum No. 4, the other CEQA Documents, and the evidence received to date, the City
Council does hereby approve Tentative Tract Map No. 17703, in the form presented at the
meeting at which this Resolution was adopted, contingent upon and subject to the approval of (1)
the other Proposed New Entitlements, specifically General Plan Amendment No. 2013-00490,
Miscellaneous Case No. 2015-00598, Zoning Code Amendment No. 2013-00112, Amended and
Restated Development Agreement No. 2005-00008C, the proposed new Master Site Plan, and
Final Site Plan No. 2014-00002, now pending, (2) the mitigation measures set forth in Mitigation
Monitoring Program 106C approved in conjunction with FSEIR No. 339 and Mitigation
Monitoring Plan No. 321 for the Revised Project; and (3) the conditions of approval set forth in
Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to
be a necessary prerequisite to the proposed use of the Property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the City Council does hereby find and determine that
adoption of this Resolution is expressly predicated upon compliance with each and all of the
conditions set forth in a separate resolution of this City Council adopted substantially
concurrently with this Resolution relating to the proposed Amended and Restated Development
Agreement No. 2005-00008C. Should any such condition, or any part thereof, be declared
9
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 is approved and adopted by the City Council of the
City of Anaheim thisr, f- hday of _OC _Qbpr , 2015, by the following roll call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
ATTE
-6"�:)
CITY CLERK OF THE CITY O NAHEIM
112374/TJR
10
CITY OF ANAHEIM
MAY6R OF THE CITY OF ANAHEIM
EXIHBIT "A"
DEV NO. 2013-00034A
APN:
232-121-01 to 232-121-16 L
232-121-13 E WRIGFIT CIR E WRIGHT CIR
232-121-26
Lu.
Z-
0 z
Uj 00
ua
1731' E KATELLA AVE
CV
290-
E MERIDIANA
G>
rsr
57(Y Uj
Uj
Lu
:d
3(ET STETI 0
ST U
289' 278'
L01
Ln
757'E GENE AUTRY WAY
GEN EAU RY WAY
Source: Recorded Tract Maps and/or City GIS.
0 0 50100 Please note the accuracy is +I- two to five feet.
Feet Measurement follows exact line shape
11
EXHIBIT "A"
CONDITIONS OF APPROVAL RELA'T'ED TO TENTATIVE TRACT MAP NO, 17703
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
PRIOR TO APPROVAL OFMASTER T ENTATIVR TRACT h1AP
1
Prior to the approval of the Master Tentative Tract Map, information
Public Works
and plans shall be submitted to the Streets and Sanitation Division of
Department,
the Public Works Department for review and approval of the
Development
following:
Services
(a) Sewer and storm drain manhole Locations and Detour Plan
Division
Criteria
(b) Trash truck turning radius
The approved information shall be shown on each Street
Improvement Plan submitted to the Public Works Department.
2
Prior to the approval of the Master Tentative Tract Map, the
Planning and
boundaries of the numbered residential/mixed-use lots shall coincide
Building
with the boundaries of the development areas as identified in the
Department,
Master Site Plan. These areas may be further subdivided in
Planning
connection with the processing of subsequent builder tentative tract
Services
or parcel maps provided that a Final Site Plan showing the
Division
configuration of the subdivided lots and the proposed buildings is
approved prior to or concurrently with the builder tentative tract or
parcel map.
PRIOR 766R WITH RECORDATION OF FINAL MASTER TRACT MAP
3
Prior to or with recordation of the Final Master Tract Map, the
Public Works
property owner/developer shall finalize the abandonment of any
Department,
existing public roadways, public utilities and public utilities
Development
easements to the satisfaction of the Development Services Division of
Services
the Public Works Department.
Division
4
Prior to the finalization and recordation of the Master Final Tract
Public Works
Map, Covenants, Conditions and Restrictions (CC&Rs) to run with
Department,
the land shall be approved by the City of Anaheim, satisfactory to the
Development
Planning Director, Public Works Director and the City Attorney to
Services
address the maintenance responsibilities of the property owner for the
Division
project's parks (Public Park and Public Linear Park) and street
parkway landscaping as shown on the Master Site Plan. Subsequent
amendments shall be submitted to the City of Anaheim for review
and approval.
12
PRIOR TO RECORDACTION OF APPLICABLE SUBDIVISION 1MIAP
5
Prior to the recordation of the applicable subdivision map, as
Fire
determined by the Fire Chief in consultation with City staff, the
Department
applicant shall enter into an agreement with the City for the
installation of traffic signal preemption equipment for the
surrounding controlled intersections.
PRIOR TO FINAL MAP APPROVAL
6
Prior to the approval of the Final Master Tract Map, the legal owner
Public
shall post an electrical performance bond as determined by Public
Utilities
Utilities per Rule 24 front foot fees.
Department,
Electrical
Utilities
Division
7
Prior and as a condition precedent to the approval by the City of the
Public Works
Final Map for Tract No. 17703 and its recordation with the County
Department,
Recorder, the Owner/Developer, will be required to execute, in
Development
recordable form, and deliver to the City an unsubordinated
Services
Declaration of Covenants in such form as may be acceptable to the
Division
City Engineer and City Attorney (or their duly authorized
representatives) to ensure that the Community Improvements and
those Public Improvements that are not accepted by the City for
maintenance to be located within the boundaries of Tract No. 17703
and Tract No. 16859 will be maintained until such time as a Master
Owners' Association has been formed, a declaration of covenants,
conditions, and restrictions (CC&Rs) has been recorded against the
lots in. Tract No. 17703 and Tract No. 16859 imposing against each
owner of a lot in Tract No. 17703 and Tract No. 16859 the obligation
to maintain the Community Improvements and those Public
Improvements that are not accepted by the City for maintenance, and
the Master Owners' Association has assumed the responsibility to
maintain the Community Improvements and those Public
Improvements that are not accepted by the City for maintenance.
Said Maintenance Covenant shall supersede and replace that certain
"Covenant Regarding Interim Development Requirements and
Maintenance Obligations", dated October 23, 2006 and recorded in
the Official Records of the County of Orange on November 3, 2006
as Instrument No. 2006000746607.
13
8
Prior to approval of the Master Final Tract Map, the legal property
Public Works
owner shall fumish a Subdivision Agreement to the City of Anaheim,
Department,
in a fonn to be approved by the City Attorney's office, agreeing to
Development
complete the public improvements required as conditions of the map
Services
at the legal property owner's expense. Said agreement shall be
Division
submitted to and approved by the City of Anaheim and shall be
recorded concurrently with the Master Final Tract Map.
9
Prior to the approval of the Master Final Tract Map distinctive
Public Works
boundaries for all lots shall be extended to the street centerline. The
Department,
City shall obtain rigbt-of-way easements for public street purposes
Development
and does not retain fee ownership.
Services
Division
10
That prior to the approval of the Master Final Tract Map for
Public Works
condominium projects, the maps shall be labeled "for condominium
Department,
purposes".
Development
Services
Division
I I
That prior to the approval of the Master Final Tract Map, the property
Public Works
owner/developer shall submit for City approval mass grading, street,
Department,
sewer, storm drain and landscape (including/street tree) improvement
Development
plans for the public improvements along Gene Autry Way and the
Services
project's connector streets to the Public Works Department,
Division
Development Services Division. The street improvement plans shall
be reviewed for City approval prior to the approval of the Master
Final Tract Map. Street tree selections for public streets shall be in
conformance with The Platinum Triangle Master Land Use Plan and
the approved Landscape Plans from the Master Site Plan exhibits.
Improvement bonds shall be posted in amounts approved by the City
Engineer and a form approved by the City Attorney prior to approval
of the Final Master Tract Map or issuance of grading permit,
whichever occurs first. A Right -of -Way Construction Permit shall be
obtained from the Development Services Division for all work
perfort-ned in the right-of-way. The improvements shall be
constructed pursuant to Section 9.3 (Timing, Phasing and Sequence
of Public Improvements and Facilities) and Exhibit "H"
(Infrastructure Phasing Plan) of this Amended and Restated
Development Agreement.
14
12
Prior to the approval of the Master Final Tract Map, final backbone
Public Works
Street Improvement Plans in conjunction with the approved Master
Department,
Site Plan shall be submitted to the City Traffic and Transportation
Traffic
Manager for review and approval. The plans shall include, but not be
Engineering
limited to, street revisions as required by the City Traffic and
Division
Transportation Manager, on -street parking spaces shall be posted,
"No Overnight Parking, Except by Permission of the Management",
the location of traffic signal box locations, alignment of the project's
intersection of Market Street and Katella Avenue with the Auburn
Way intersection on the north side of Katella Avenue. The plan shall
indicate all construction staging areas with reserved space for
construction parking and shall also designate truck routes to the
satisfaction of the Traffic and Transportation Manager. The final
backbone Street Improvement Plan shall provide details sufficient to
ensure that all street improvements will occur during the initial street
construction. Streets shall be constructed in accordance with Exhibit
"H" (Infrastructure Phasing Plan) of the Amended and Restated
Development Agreement and with the detailed phasing plan required
by Section 9.3 (Timing, Phasing and Sequence of Public
Improvements and Facilities) of this Amended and Restated
Development Agreement.
13
Prior to the approval of the Final Master Tract Map, the property
Public Works
owner/developer shall post a bond for all traffic related street
Department,
improvements, including, but not limited to, traffic signals,
Traffic
directional signage,, striping, and median islands as required by
Engineering
Mitigation Monitoring Plan No.321 referenced herein in Condition
Division
No. 10. The traffic signal at the intersection of Gene Autry and
Union Street shall be designed prior to issuance of the first residential
building permit for Development Areas D, E, F or G, whichever is
first, and be installed at the ultimate locations and be operational prior
to certificate of occupancy for the first residential dwelling unit of
Development Areas D, E, IT or G, whichever comes first. The
property owner/developer shall comply with the timeframes set forth
in this condition, provided that modifications to these timeframes
may be approved by the City as set forth in the detailed phasing plan
required by Section 9.3 (Timing, Phasing and Sequence of Public
Improvements and Facilities) of this Amended and Restated
Development Agreement provided said modifications do not result in
any environmental impacts.
15