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6462 ORDINANCE NO. 6462 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.20 (PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT AGREEMENT EXEMPTIONS IN THE PLATINUM TRIANGLE MIXED USE OVERLAY ZONE AND MAKING FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and 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 renovated Angel Stadium and the Stadium Gateway Office Building were developed/renovated under Area Development Plan No. 120; and WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area Master Land Use Plan("MLUP"). The boundaries of the MLUP were generally the same as those for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to the Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part of the approval process for the MLUP, the City Council also certified Final Environmental Impact Report No. 321 and adopted Mitigation Monitoring Program No. 106. Development within the boundaries of the MLUP was implemented through the Sports Entertainment Overlay Zone("SE Overlay Zone"), which permitted current uses to continue or expand within the provisions of the existing zoning,while providing those who may want to develop sports, entertainment,retail, and office uses with standards appropriate to those uses, including increased land use intensity. Implementation of the SE Overlay Zone was projected to result in a net loss of 491,303 square feet of industrial space and increases of 1,871,285 square feet of new office space,452,026 square feet of new retail space, and 991,603 square feet of new hotel space. Projects that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena Corporate Center, and the Westwood School of Technology; and 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 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 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, pursuant to and in accordance with the provisions of CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual,this City Council finds and determines that the Proposed Project is within that class of projects which consist of the construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is,therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council determines that this ordinance is in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18.20.200 of Chapter 18.20 (Platinum Triangle Mixed Use (SC)Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be amended to read as follows: 18.20.200.020 .0202 Development Agreement Exemptions. The following are exempt from the requirement to process a Development Agreement: .01 Temporary Uses and Structures, as described in Table 20-C (Temporary Uses and Structures: Platinum Triangle Mixed Use(PTMU) Overlay Zone) of Section 18.20.030 (Mixed Use District Uses)of this Chapter are exempt from the development agreement requirements. .02 New construction of a single small commercial building, not exceeding 10,000 square feet in gross floor area, on a single parcel. .03 Minor modifications to projects approved pursuant to a development agreement. Following the 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 Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign permits: (a) Interior building alterations,modifications or improvements,which do not result in an increase in the gross square footage of the building. (b) 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(5%)of the building's gross square footage or one thousand (1,000) square feet, whichever is lesser; 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. (c) Exterior facade 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 Platinum Triangle Master Land Use Plan. (d) Signage, including wall signs and on-site directional/informational signs and which signs are in conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. (e) Landscape/hardscape improvements or modifications which are not in connection with building modifications and are in conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. (f) 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. SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation,published and circulated in the City of Anaheim. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty(30) days from and after its final passage. /// /// /// THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 2nd day of April ,2019, and thereafter passed and adopted at a regular meeting of said City Council held on the t „day of A p r i 1 ,2019, by the following roll call vote: AYES:Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil NOES:None ABSENT:None ABSTAIN:None CITY OF ANAHEIM BY: bilik I • )(jilt I TH ' I •F ANAHEIM AT . ter• ., CITY CLERK OF TH CITY OF ANAHEIM 131788/LM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6462 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 2nd day of April, 2019, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of April, 2019, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 19th of April, 2019. CITY CLERK F THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin PROOF OF PUBLICATION 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011260815 714-796-2209 ANAHEIM BULLI 5190168 SUMMARY PUBLICATION CITY OF ANAHEIM ANAHEIM,CITY OF/CLERKS OFF ORDINANCE NO.6462 200 S ANAHEIM BLVD STE 217 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ANAHEIM, CA 92805-3820 ING CHAPTER 18.20 (PLATINUM TRIANGLE MIXED • USE (PTMU) OVERLAY ZONE) OF TITLE 18 (ZON- ING) OF THE ANAHEIM MUNICIPAL CODE RELAT- ING TO DEVELOPMENT AGREEMENT EXEMP- TIONS IN THE PLATINUM TRIANGLE MIXED USE 1 OVERLAY ZONE AND MAKING FINDINGS AND DE- FILEC TERMINATIONS IN CONNECTION THEREWITH NO. ORD6462 z AFFIDAVIT OF PUBLICATION t This ordinance amends Title 18 (Zoning) of the Anaheim Municipal STATE OF CALIFORNIA, rCode to modify the Platinum Triangle Mixed Use (PTMU) Overlay SS. (Zone to add small commercial buildings to the list of projects that are c exempt from a development agreement. County of Orange 2 I,Theresa Bass,City Clerk of the City of Anaheim, do hereby certify 1 that the foregoing is a summary of Ordinance No.6462, which ordi- nance was introduced at a regular meeting of the City Council of the City of Anaheim on the 2nd day of April,2019 and was duly passed and I am a citizen of the United States and a resident of the r adopted at a regular meeting of said Council on the 16th day of April, County aforesaid; I am over the age of eighteen years, and 2019 by The following roll call vote of the members thereof: not a party to or interested in the above-entitled matter. I AYES:Mayor Sidhu and Council Members Kring,Barnes, am the principal clerk of the Anaheim Bulletin, a Brandman,Moreno,Faessel and O'Neil newspaper that has been adjudged to be a newspaper of NOES:None general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case ABSENT:None No. A-21021 in and for the City of Anaheim, County of ABSTAIN:None Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in omco n- tainedTheabinve thesuTextmary of Ordinance is an No.6462description,whichof hasthe beensubject preparedmatter pr- each regular and entire issue of said newspaper and not in I suant to Section 512 of the Charter of the City of Anaheim. This sum- any supplement thereof on the following dates, to wit: I mars does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordi- nance. 04/25/2019 To obtain a copy of the full text of the ordinance, please contact the 1 Office of the City Clerk, (714)7655166,between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Published Anaheim Bulletin April 25,2019 11260815 I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: April 25, 2019. t Signature CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6462 and was published in the Anaheim Bulletin on the 25th day of April, 2019. C— CITY CLERK O' THE CITY OF ANAHEIM (SEAL)