Resolution-PC 2019-026RESOLUTION NO. PC2019-026
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING A FINAL SITE PLAN FOR
DEVELOPMENT AREA 'G' OF THE MASTER SITE PLAN
APPROVED IN CONNECTION WITH THAT CERTAIN
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 2005-00008C, AND MAKING
FINDINGS IN CONNECTION THEREWITH
(FINAL SITE PLAN NO. 2018-00004)
(DEV2018-00027)
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
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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, public park space
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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 Permit 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
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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. I"); 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
WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 17, 2012 ("Addendum No.
I"), 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
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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, Addendum No. 4 to FSEIR No. 339, dated October 2015 ("Addendum No.
4"), was prepared and considered by the City Council in connection with proposed revisions to the
Existing Entitlements for a master planned mixed-use project on a 43.1 -acre (approximate)
property commonly known as 1404 East Katella Avenue to permit between 1,400 and 1,746
residential units, between 38,000 and 50,000 square feet of commercial uses, two public parks and
a network of local streets (the "A -Town Project"). On October 6, 2015 the City Council adopted
Ordinance No. 6344 to amend the Platinum Triangle Mixed Use Overlay Zone to (1) modify the
requirement for ground floor commercial uses on Market Street, (2) clarify that ground floor
commercial uses are required on Gene Autry Way east of Union Street, and (3) expand the size of
the Gene Autry District from 33 acres to 43 acres as part of a revised project design for the "A -
Town" Project located at State College Boulevard immediately north of Gene Autry Way; and
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WHEREAS, the Developer's request for an amendment to Amendment No. 1 of the
Original Development Agreement to correspond with the changes to the Exisiting Entitlements
was approved by the City Council on October 20, 2015. Accordingly, on or about October 27,
2015, the City and Developer entered into that certain Amended and Restated Development
Agreement No. 2005-00008, which was recorded in the Official Records on November 13, 2015
as Instrument No. 2015000586936 ("Amended and Restated Development Agreement"); and
WHEREAS, the Developer's request for an amendment to the Amended and Restated
Development Agreement to amend the Exhibit "G" Term Extension Milestones relative to the
timing and completion of residential units within the 5 -year and 7.5 -year anniversary periods was
approved by the City Council on June 12, 2018. Accordingly, on or about June 21, 2018, the City
and Developer entered into that certain Amendment No. 1 to the Amended and Restated
Development Agreement, which was recorded in the Official Records on May 3, 2019 as
Instrument No. 2019000148064("Amendment No. 1 to the Amended and Restated Development
Agreement"); and
WHEREAS, the Original Development Agreement, Amendment No. 1, Amended and
Restated Development Agreement, and Amendment No.l to the Amended and Restated
Development Agreement shall be referred to herein collectively as the "Existing Development
Agreement"; and
WHEREAS, the Existing Development Agreement, the Original Development Approvals,
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 Master Site Plan, and Tentative Tract Map No. 17703, shall be referred to herein
collectively as the "Existing Entitlements"; and
WHEREAS, Addendum No. 5 to FSEIR No. 339, dated June 2016 ("Addendum No. 5"),
was prepared and considered by the City Council in connection with proposed revisions to a master
planned mixed-use project on a 17.5 -acre (approximate) property located at the southwest corner
of State College Boulevard and Gene Autry Way to permit 1,079 residential units, including 12
live/work units; 14,600 square feet of commercial space; a 1.1 -acre public park; and, local streets
(the "Jefferson Stadium Park Project"). On June 21, 2016 the City Council adopted Ordinance No.
6373 to approve a Development Agreement between the City of Anaheim and Jefferson at Stadium
Park, L.P. to develop the Jefferson Stadium Park Project with a (1) General Plan Amendment to
amend the Land Use, Green and Circulation Elements of the General Plan to reflect the relocation
of the proposed public park and proposed street alignment, (2) amendment to the Platinum Triangle
Master Land Use Plan (PTMLUP) to reconfigure internal streets, reflect the relocation of a
proposed park, and designate areas currently assigned for park use for mixed-use development,
and (3) a tentative parcel map to subdivide the site into three numbered lots that correspond with
the proposed buildings and one lettered lot for the proposed park. The tentative parcel map also
establishes the new alignment and configuration of internal public streets and a public park to be
dedicated to the City of Anaheim; and
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WHEREAS, Addendum No. 6 to FSEIR No. 339, dated October 2016 ("Addendum No.
6"), was prepared and considered by the City Council in connection with a proposed master
planned mixed-use project on a 14.8 -acre (approximate) property located at the northeast corner
of State College Boulevard and Orangewood Avenue to permit 405 residential units; 77,000 square
feet of office; and 583,000 square feet of commercial uses including a 200 -room hotel (the "LT
Platinum Center Project"). On October 25, 2016 the City Council adopted Ordinance No. 6387 to
approve a Development Agreement between the City of Anaheim and LTG Platinum LLC, to
develop the LT Platinum Center Project with a (1) General Plan Amendment to revise Table LU -
4, General Plan Density Provisions for Specific Areas of the City, to modify the density provisions
for properties within the Platinum Triangle area that are designated for mixed-use land use, to
reduce the maximum number of dwelling units from 19,027 to 17,348 units; to increase the
maximum square feet of commercial space from 4,735,111 to 4,782,243; and, to reduce the
maximum of amount of office space from 9,652,747 to 9,180,747 square feet. In addition,
modifications to the Land Use Plan (Figure LU -4), Existing and Planned Bicycle Facilities (Figure
C-5) and Green Plan (Figure G-5) of the Anaheim General Plan are required in order to remove
the designation of a public park on the project site, (2) amendment to the Platinum Triangle Master
Land Use Plan (PTMLUP) to revise the district boundaries for the Stadium and Gateway Districts;
allow a reduction, conversion and transfer of unused development intensity from the Gateway,
Gene Autry, Katella, and Orangewood Districts to the Stadium District; revise development
intensities consistent with the transfers and reductions described above, and modify the park and
street locations consistent with the proposed project, (3) a conditional use permit to allow the sale
of alcoholic beverages at various venues within the LT Platinum project; (4) a tentative tract map
to subdivide the project site into two parcels that correspond to the two Development Areas shown
on the proposed Master Site Plan for the project; and
WHEREAS, Addendum No. 7 to FSEIR No. 339, dated March 2017 ("Addendum No. 7")
was prepared and considered by the City Council in connection with the Gene Autry Way and
State College Boulevard Improvement Projects to widen Gene Autry Way from four lanes to six
lanes with medians and storm drain and stormwater improvements; widen the west side of State
College Boulevard between Gateway Office and Artisan Court to accommodate a southbound
right -turn lane and a third through- lane; make improvements to the east side of the intersection of
State College Boulevard at Gene Autry Way, which is the west entrance to Angel Stadium of
Anaheim; and construct a new intersection on Gene Autry Way at Union Street to provide access
to planned development areas; and
WHEREAS, Addendum No. 8 to FSEIR No. 339, dated April 10, 2018, ("Addendum No.
8") was prepared and considered by the City Council in connection with the Platinum Triangle
Expansion Project which included roadway improvements specified in the Platinum Triangle
Implementation Plan (PTIP). The Approved Project included the widening of Orangewood
Avenue from a four -lane divided primary arterial to a six -lane divided primary arterial between
State College Boulevard and State Route 57 (SR -57). It also included an extension of the Class II
Bikeway on Orangewood Avenue from east of State College Boulevard to the eastern City limit
(via West Dupont Drive and private properties); and
WHEREAS, Section 18.20.200 (Implementation) of Chapter 18.20 (Platinum Triangle
Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code requires Final Site Plans to
be reviewed and approved by the Planning Commission at a noticed public hearing to ensure
conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land
Use Plan prior to issuance of building permits; and
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WHEREAS, the Planning Commission of the City of Anaheim did receive a verified
petition for Final Site Plan No. 2018-00004 to construct a 154 -unit condominium development at
the premises located at the northwest corner of Gene Autry Way and Union Street in Development
Area G of the Lennar A -Town development in the Platinum Triangle 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"); and
WHEREAS, in connection with Final Site Plan No. 2018-00004, and environmental
checklist review was prepared in order to determine whether any significant environmental
impacts which were not identified in the previously -approved FSEIR No. 339 Addendum No. 4
would result or whether previously identified significant impacts would be substantially more
severe. The analysis in the environmental checklist review did not identify any changes in
circumstances involving the Final Site Plan No. 2018-00004; therefore, the Final Site Plan No.
2018-00004 would not result in new impacts or impacts of greater severity than those previously
identified in SEIR No. 339. No new information of substantial importance is available now which
was not known and could not have been known with the exercise of reasonable diligence at the
time of the certification of SEIR No. 339. No new mitigation measures or alternatives that were
previously determined to be infeasible are now feasible. Therefore, no new impacts on human
beings would occur because of the Final Site Plan No. 2018-00004, and the level of impact would
not increase from that identified in SEIR No. 339. FSEIR No. 339, and Addenda, together with
Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339, and
Mitigation Monitoring Plan No. 321 for the Existing Entitlements 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 Existing Entitlements and shall be
referred to herein collectively as the "CEQA Documents"; and
WHEREAS, on May 29, 2019, 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 for and
against proposed Final Site Plan No. 2018-00004 and to investigate and make findings in
connection therewith; 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 Planning Commission has found and
determined and has recommended that the City Council so find and determine 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 Final Site Plan No. 2018-
00004 and the Existing Entitlements and, together with Mitigation Monitoring
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Program No. 321 for the Existing Entitlements, should be approved and adopted;
and
3. That no further environmental documentation needs to be prepared under
CEQA for Final Site Plan No. 2018-00004.
WHEREAS, the Planning Commission does find and determine that the request for a Final
Site Plan for the Proposed Project should be approved for the following reasons:
1. Subject to compliance with the conditions of approval attached to this Resolution
as Exhibit B and incorporated herein by this reference, the Final Site Plan, including
its design and layout, complies with the Platinum Triangle Master Land Use Plan
and Platinum Triangle Mixed Use Overlay Zone and is consistent with the zoning
and development standards of said Zone, as described in Chapter 18.20 of the Code.
2. The design and layout of Final Site Plan No. 2018-00004 will not interfere with the
use and enjoyment of neighboring existing or future developments, and will not create traffic or
pedestrian hazards.
3. The architectural design of Final Site Plan No. 2018-00004 is compatible with the
character of the surrounding residential and industrial development located within the land area of
the Platinum Triangle Mixed Use Overlay Zone.
4. The design of the Final Site Plan No. 2018-00004 will provide a desirable
environment for its residents, the visiting public, and its neighbors, through the appropriate use of
materials, texture and color, and will remain aesthetically appealing and be appropriately
maintained.
5. Final Site Plan No. 2018-00004 will not be detrimental to the public health, safety
or welfare, or materially injurious to the properties or improvements in the vicinity of the proposed
proj ect.
WHEREAS, the Planning Commission 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 Planning Commission 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, pursuant to the above findings and based upon
a thorough review of proposed Final Site Plan No. 2018-00004, Addendum No. 4, the other CEQA
Documents, and the evidence received to date, does hereby approve and recommends that the City
Council approve Final Site Plan No. 2018-00004, in the form presented at the meeting at which
this Resolution was adopted, contingent upon and subject to the approval of (1) Conditional Use
Permit No. 2019-06002, now pending, (2) the mitigation measures set forth in Mitigation
Monitoring Program 106C approved in conjunction with FSEIR No. 339 and Mitigation
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Monitoring Plan No. 321; 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 Planning Commission 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 Planning Commission adopted relating
to the Existing Development Agreement. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of competent jurisdiction,
then this Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 29, 2019.
CHA ERSON, KLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 29, 2019, by the following vote of the members
thereof:
AYES: COMMISSIONERS: KEYS, LIEBERMAN, MEEKS
NOES: COMMISSIONERS: MULLEADY, WHITE
ABSENT: COMMISSIONERS: ARMSTRONG, VADODARIA
IN WITNESS WHEREOF, I have hereunto set my hand this 29t' day of May, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-11- PC2019-026
EXHIBIT"A"
DEN' NO. 2018-00027
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-12- PC2019-026
EXHIBIT "B"
CONDITIONS OF APPROVAL FOR FINAL SITE PLAN NO. 2018-00004
NO.RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO GRADING PLANAPPROVAL
1
Condition Numbers 35 and 36 of PC2015-069 for the original approval
Public Works,
of the A -Town Master Site Plan shall apply to this permit.
Development Services
Division
PRIOR TO ISSUANCE OF GRADING PERMITS
2
The developer/owner shall submit a set of improvement plans for Public
Public Utilities,
Utilities Water Engineering review and approval in determining the
Water Engineering
conditions necessary for providing water service to the project.
3
Prepare and submit a final grading plan showing building footprints, pad
Public Works,
elevations, finished grades, drainage routes, retaining walls, erosion
Development Services
control, slope easements and other pertinent information in accordance
Division
with Anaheim Municipal Code and the California Building Code, latest
edition.
4
Prepare and submit a final drainage study, including supporting
Public Works,
hydraulic and hydrological data to the City of Anaheim for review and
Development Services
approval. The study shall confirm or recommend changes to the City's
Division
adopted Master Drainage Plan by identifying off-site and on-site storm
water runoff impacts resulting from build -out of permitted General Plan
land uses. In addition, the study shall identify the project's contribution
and shall provide locations and sizes of catchments and system
connection points and all downstream drainage -mitigating measures
including but not limited to offsite storm drains and interim detention
facilities.
5
All required plans and studies shall be prepared by a Registered
Public Works,
Professional Engineer.
Development Services
Division
6
The owner shall obtain the required coverage under California's General
Public Works,
Permit for Stormwater Discharges associated with Construction
Development Services
Activity by providing a copy of the Notice of Intent (NOI) submitted to
Division
the State Water Resources Control Board and a copy of the subsequent
notification of the issuance of a Waste Discharge Identification (WDID)
number.
7
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works,
(SWPPP). The SWPPP shall be kept at the project site and be available
Development Services
for Public Works Development Services Division review upon request.
Division
-13- PC2019-026
NO.RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
8
Submit Water Quality Management Plan (WQMP) to the City for
Public Works,
review and approval. The WQMP shall be consistent with the
Development Services
requirements of Section 7 and Exhibit 7.II of the Orange County
Division
Drainage Area Management Plan (DAMP) for New Development/
Significant Redevelopment projects. identify potential sources of
pollutants during the long-term on-going maintenance and use of the
proposed project that could affect the quality of the stormwater runoff
from the project site; define Source Control, Site Design, and Treatment
Control (if applicable) best management practices (BMPs) to control or
eliminate the discharge of pollutants into the surface water runoff; and
provide a monitoring program to address the long-term implementation
of and compliance with the defined BMPs. Submit three (3) copies and
a plan checking deposit to the Public Works/Development Services for
consideration and approval.
9
Submit a Preliminary Geotechnical Report to the Public Works
Public Works,
Development Services Division for review and approval. The report
Development Services
shall address any proposed infiltration features of the WQMP.
Division
10
Condition Numbers 37 through 40 of PC2015-069 for the original
Public Works,
approval of the A -Town Master Site Plan shall apply to this permit.
Development Services
Division
PRIOR TO ISSUANCE OF BUILDING PERMITS
11
Condition Numbers 42 through 64 and 66 through 86 of PC2015-069
Various City
for the original approval of the A -Town Master Site Plan shall apply to
Departments
this permit.
12
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
Electrical Engineering
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
13
A private water system with separate water service for fire protection,
Public Utilities,
domestic water, and irrigation shall be provided and shown on plans
Water Engineering
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
14
Per California Water Code, Division 1, Chapter 8, Article 5, Section
Public Utilities,
537-537.5) as amended by Senate Bill 7, water submetering shall be
Water Engineering
furnished and installed by the Owner/Developer and a water submeter
shall be installed to each individual unit. Provisions for the ongoing
maintenance and operation (including meter billing) of the submeters
shall be the responsibility of the Owner and included and recorded in
the Master CC&Rs for the project.
-14- PC2019-026
NO.RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
15
All backflow equipment shall be located above ground outside of the
Public Utilities,
street setback area in a manner fully screened from all public streets and
Water Engineering
alleys. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division outside of the street
setback area in a manner fully screened from all public streets and
alleys. Said information shall be specifically shown on plans and
approved by Water Engineering and Cross Connection Control
Inspector.
16
All requests for new water services, backflow equipment, or fire lines,
Public Utilities,
as well as any modifications, relocations, or abandonments of existing
Water Engineering
water services, backflow equipment, and fire lines, shall be coordinated
and permitted through Water Engineering Division of the Anaheim
Public Utilities Department.
17
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
Public Utilities,
an easement for all large domestic above -ground water meters and fire
Water Engineering
hydrants, including a five (5) -foot wide easement around the fire
hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement
for all water service mains and service laterals all to the satisfaction of
the Water Engineering Division. The easements shall be granted on the
Water Engineering Division of the Public Utilities Department's
standard water easement deed. The easement deeds shall include
language that requires the Owner to be responsible for restoring any
special surface improvements, other than asphalt paving, including but
not limited to colored concrete, bricks, pavers, stamped concrete,
decorative hardscape, walls or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water
facilities. Provisions for the repair, replacement and maintenance of all
surface improvements other than asphalt paving shall be the
responsibility of the Owner and included and recorded in the Master
CC&Rs for the project.
18
The developer/owner shall submit a water system master plan, including
Public Utilities,
a hydraulic distribution network analysis, for Public Utilities Water
Water Engineering
Engineering review and approval. The master plan shall demonstrate the
adequacy of the proposed on-site water system to meet the project's
water demands and fire protection requirements.
19
The developer/owner shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow rate
Water Engineering
and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site water
system improvements required to serve the project shall be done in
-15- PC2019-026
NO.RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and
Regulations.
20
Water improvement plans shall be submitted to the Water Engineering
Public Utilities,
Division for approval and a performance bond in the amount approved
Water Engineering
by the City Engineer and form approved by City Attorney shall be
posted with the City of Anaheim.
21
Individual water service and/or fire line connections will be required for
Public Utilities,
each parcel or residential, commercial, industrial unit per Rule 18 of the
Water Engineering
City of Anaheim's Water Rates, Rules and Regulations.
22
Applicant shall contact Water Engineering for recycled water system
Public Utilities,
requirements and specific water conservation measures to be
Water Engineering
incorporated into the building and landscape construction plans.
23
Prior to the issuance of a building permit, the applicant shall submit draft
Public Works,
Covenants Conditions and Restrictions (CC&Rs) that are prepared by
Traffic Engineering
an authorized professional for review and approval by the City
Engineer, Planning Director, and City Attorney, which will generally
provide for the following:
a) A requirement that residents shall use designated parking area,
including garages, only for the parking of vehicles.
b) A provision that parking garages are subject to inspection by the
Association or City of Anaheim staff.
c) A provision requiring that proposed amendments to the CC&Rs
shall be submitted for review to the City Engineer, Planning
Director or designee, and shall be approved by the City Attorney
prior to the amendment being valid.
d) A provision that the City is a third -party beneficiary to the
CC&Rs and has the right, but not the obligation, to enforce any
of the provisions of the CC&Rs relative to common area and
utility maintenance, Water Quality Management Plan, and
internal parking.
24
A Parking Management Plan detailing the use of the on -street parking
Public Works,
for the project shall be submitted for review by the Traffic and
Traffic Engineering
Transportation Manager. Building permits may not be issued until the
Parking Management Plan has been approved.
-16- PC2019-026
NO.RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
25
Provide a certificate, from a Registered Civil Engineer, certifying that
Public Works,
the finished grading has been completed in accordance with the City
Development Services
approved grading plan.
Division
26
The property owner shall dedicate to the City of Anaheim a 5 -ft public
Public Works,
sidewalk easement across A -Drive at Union Street.
Development Services
Division
27
A Right of Way Construction Permit shall be obtained from the
Public Works,
Development Services Division for all work performed in the public
Development Services
right-of-way.
Division
28
All Landscape plans shall comply with the City of Anaheim adopted
Public Works,
Landscape Water Efficiency Guidelines. This ordinance complies with
Development Services
the State of California Model Water Efficient Landscape Ordinance
Division
(AV 1881).
29
The developer shall execute a maintenance covenant with the City of
Public Works,
Anaheim in a form that is approved by the City Engineer and the City
Development Services
attorney for the private improvements including but not limited to
Division
private utilities, drainage devices, parkway landscaping and irrigation,
private street lights, etc. in addition to maintenance requirements
established in the Water Quality Management Plan (WQMP) as
applicable to the project. The covenant shall be recorded.
30
The Developer shall submit an abandonment application for Meridian
Public Works,
Street, Park Street, Metro Drive and portions of Union Street and
Development Services
Westside drive to the City for review and approval. Limits as determined
Division
by the City Engineer shall be finalized during the abandonment process.
The City will reserve a public utility, pedestrian and vehicle access
easement across the abandoned streets.
31
All onsite drives shall be private, owned and maintained by the Home
Public Works,
Owner's Association. A solid waste and emergency vehicle access
Development Services
easement shall be dedicated across the private drives.
Division
32
On-site Sewer and Storm Drain shall be private, owned and maintained
Public Works,
by the Home Owner's Association.
Development Services
Division
PRIOR TO FIRST FINAL BUILDING AND ZONING INSPECTION FOR EA CH FINAL SITE PLAN
33
Condition Numbers 87 through 99 of PC2015-069 for the original
Various City
approval of the A -Town Master Site Plan shall apply to this permit.
Departments
-17- PC2019-026
NO.RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
34
Prior to connection of electrical service, the legal owner shall provide to
Public Utilities,
the City of Anaheim a Public Utilities easement with dimensions as
Electrical Engineering
shown on the approved utility service plan.
35
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
36
Owner shall install an approved backflow prevention assembly on the
Public Utilities,
water service connection(s) serving the property, behind property line
Water Engineering
and building setback in accordance with Public Utilities Department
Water Engineering Division requirements.
37
A Solid Waste Management Plan shall be filed with CR&R's for project.
Public Works,
Streets and Sanitation
38
All public improvements shall be constructed by the developer,
Public Works,
inspected and accepted by Construction Services prior to final building
Development Services
and zoning inspection.
Division
39
All remaining fees/deposits required by Public Works department must
Public Works,
be paid in full.
Development Services
Division
40
Set all Monuments in accordance with the final map and submit all
Public Works,
centerline ties to Public Works Department. Any monuments damaged
Development Services
as a result of construction shall be reset to the satisfaction of the City
Division
Engineer.
ONGOING DURING PROJECT CONSTRUCTION
41 Condition Numbers 100 and 101 of PC2015-069 for the original
Community Services
approval of the A -Town Master Site Plan shall apply to this permit.
Department, and
Fire Department
ONGOING
DURING PROJECT OPERATION
42
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right-of-way,
Water Engineering
public utility easement or City easement area including but not limited
to colored concrete, bricks, pavers, stamped concrete, walls, decorative
hardscape or landscaping that becomes damaged during any excavation,
repair or replacement of City owned water facilities. Provisions for
maintenance of all said special surface improvements shall be included
in the recorded Master CC&Rs for the project and the City easement
deeds.
-18- PC2019-026
NO.RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF FINAL BUILDING AND ZONING PERMIT
43
Condition Numbers 106 through 109 of PC2015-069 for the original
Community Services
approval of the A -Town Master Site Plan shall apply to this permit.
Department and
Public Utilities,
Electrical Engineering
Division
44
Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
Public Works,
parking in the drive aisles. Red curb locations shall be clearly labeled
Traffic Engineering
on building plans.
45
Prior to final building and zoning inspection, fire lanes shall be posted
Public Works,
with "No Parking Any Time." Said information shall be specifically
Traffic Engineering
shown on plans submitted for building permits.
46
Approval from the City Council is required to vacate the public streets
Public Works,
and finalize the privatization of these streets as depicted in the Final Site
Development Services
Plan exhibits.
Division
GENERAL
47
Condition Numbers 111 through 128 of PC2015-069 for the original
Various City
approval of the A -Town Master Site Plan shall apply to this permit.
Departments
48
All conditions of approval and mitigations measures approved in
Planning and Building
conjunction with the Development Agreements for the Master Site Plan
Department,
for the A -Town Development shall apply to this Final Site Plan
Planning Services
approval.
49
A minimum of two connections to public water mains and water looping
Public Utilities,
inside the project are required.
Water Engineering
50
The following minimum clearances shall be provided around all new
Public Utilities,
and existing public water facilities (e.g. water mains, fire hydrants,
Water Engineering
service laterals, meters, meter boxes, backflow devices, etc.):
• 10 feet from structures, footings, walls, stormwater BMPs, power
poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
51
No public water main or public water facilities shall be installed in
Public Utilities,
private alleys or paseo areas.
Water Engineering
52
No public water mains or laterals shall be installed under parking stalls,
Public Utilities,
parking lots, or driveways.
Water Engineering
-19- PC2019-026
NO.RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
53
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities,
meter, Hersey Residential Fire Meter with Translator Register, no
Water Engineering
equals.
54
The property owner developer shall be responsible for compliance with
Planning and Building
and any direct costs associated with the monitoring and reporting of all
Department,
mitigation measures set forth in the attached Mitigation Monitoring Plan
Planning Services
(MMP) No. 321, established by the City of Anaheim as required by
Division
Section 21081.6 of the Public Resources Code to ensure implementation
of those identified mitigation measures within the timeframes identified
in the measure. MMP No. 321 is made a part of these conditions of
approval by reference.
55
Signage shall be consistent with Section 18.20.150 (Signs) of the
Planning and Building
Platinum Triangle Mixed Use (PTMU) Overlay Zone.
Department,
Planning Services
Division
56
The applicant/property owner/developer shall provide notices to all
Planning and Building
contractors, employees, and workers during construction of the subject
Department,
property that parking is only permitted on property under control of the
Planning Services
subject property owner and public streets, and that no parking is allowed
Division
on adjacent private properties. The notice shall also include that
vehicles parked on adjacent private properties will be subject to towing
and removal.
57
The developer shall pay all applicable fees required under the Anaheim
Public Works,
Municipal Code.
Development Services
Division
-20- PC2019-026
NO.RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
58
The project is expressly conditioned upon the applicants' indemnifying
Planning and Building
and holding harmless the City, its agents, officers, council members,
Department /
employees, boards, commissions and their members and the City
City Attorney's Office
Council from any claim, action or proceeding brought against any of the
foregoing individuals or entities, the purpose of such litigation being to
attack, set aside, void or annul any approval of the application or related
decision, or the adoption of any environmental documents which relates
to the approval of the Proposed Actions. This indemnification shall
include, but is not limited to, all reasonable damages, costs, expenses,
attorney fees or expert witness fees that may be awarded to the
prevailing party, and costs of suit, attorneys' fees, and other costs,
liabilities and expenses arising out of or in connection with the approval
of the application or related decision, whether or not there is concurrent,
or passive negligence on the part of the City, its agents, officers, council
members, employees, boards, commissions and their members and the
City Council. The property owner/developer shall have the right to
select legal counsel. The City shall have the right to approve, which
approval will not be unreasonably withheld, the legal counsel providing
the City's defense, and the applicant shall reimburse the City for any
costs and expenses reasonably incurred by the City in the course of the
defense. No later than 30 (thirty) days following the City Council's
adoption of the Ordinance adopting Development Agreement No. 2005-
00008, the legal property owner shall provide a letter to the City
satisfactory to the City Attorney's Office memorializing the foregoing.
-21- PC2019-026