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PC 2007/12/10e o i i Monday, ®ecernber 10, 2007 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Kelly Buffa ® Chairman Pro-Tempore: Joseph Karaki ® Commissioners: Peter Agarwal, Gail Eastman, Stephen Faessel, Panky Romero, Pat Velasquez ® Call To Order ® Preliminary Plan Review 1:30 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) Preliminary Plan Review for items on the December 10, 2007 agenda For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. m Recess To Public Hearing ® Reconvene To Public Hearing 2:30 P.M. • Pledge Of Allegiance ® Public Comments ® Consent Calendar ® Public Hearing Items ® Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommissionCa~anaheim.net 12/10/07 H:\Tools\PC Admin\PC Agendas\121007.doc Page 1 Anaheim Planning Commission Agenda - 2:30 P.NI. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations tA. (a) (b) Agent: Walt Disney Imagineering 1401 Flower Street Glendale, CA 91221 Location: The Disneyland Resort Specific Plan Area Requests Specific Plan Adjustment No. 7 to The Disneyland :Resort Specific Plan No. 92- hotel rooms from the Hotel District to the District. Specific Ptan Adjustment No. Minutes 1 B. Receiving and approving the Minutes from the Planning Commission Meeting of November 26, 2007. (Motion) 1 to transfer 25 Theme Park Project Planner. (d h errick@ an ah eim. n e t) 12/10/07 H:1Tools\PC Admin\PC Agendas\121007.doc Page 2 Public Hearing Items: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 21 2b. CONDITIONAL USE PERMIT NO. 3277 Request for (TRACKING NO. CUP NO. 2007-05251) continuance to January 7, 2008._ Owner: Barry Lee Konier P.O. Box 2158 Orange, CA 92859 Agent: City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: 950-970 Tustin Avenue: Property is an irregularly-shaped 2.82-acre property having frontages of 460 feet on the east side of Tustin Avenue and 665 feet on the south side of the Riverside Freeway (SR-91). City request to initiate the revocation or modification of Conditional Use Permit No. 3277 to permit office uses in an industrial building with waiver of minimum distance between freestanding signs. Continued from the October 15, 2007, Planning Commission Meeting. Project Planner. Conditional Use Permit Resolution No, (kwong2@ananeim.net) 12/10/D7 H:\Tools\PC Admin\PC Agendas\121007.doc Page 3 3a. 3b Agent: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citywide City-initiated request (Planning Department) to amend various sections of Title 18 "Zoning" of the Anaheim Municipal Code to correct various errors and omissions, and clarify text and provide consistency with other Chapters of the Anaheim Municipal Code, including but not limited to, provisions to add a new Section to the code to clarify that any permit, license or evidence issued in conflict with the provisions of Title 18 shall be null and void. Proposed amendments include the following: Single-Family Residential Zones: modify permitted encroachments for accessory uses/structures to be consistent with the California Building Code; add a new section .requiring certain accessory structures to conform to setback requirements for the primary residence; modify required rear yard setback in the RS-2 Zone; Multiple-Family Residential Zones: allow modification to setbacks between buildings for a planned unit development; Commercial Zones: amend permitting requirements for Antennas-Telecommunications-Stealth Ground-Mounted; modify Educational Institutions-Business and Educational Institutions-General as uses subject to a conditional use permit; add statement that Self-Storage Facilities be in compliance with Council Policy No. 7.2; add Floor Area Ratio (FAR) General Plan consistency reference; add Automotive-Car Sales, Retail or Wholesale (Office Use Only) as a permitted primary use; add Automated Teller Machines (ATM's) Exterior, Wall-Mounted as a permitted primary use; add Educational Institutions-Tutoring Services as a permitted use; modify Automotive-Car Sales & Rental provisions; Industrial Zones: modify provisions permitting Circuses and Carnivals; add Floor Area Ratio (FAR) General Plan consistency reference; amend permitting requirements for Antennas-Telecommunications-Stealth Ground-Mounted; add statement that Self-Storage Facilities be in compliance with Council Policy No. 7.2; add provisions for street frontage/land subdivision; add Automated Teller Machines (ATM's) Exterior, Wall-Mounted as a permitted primary use; add Automotive-Car Sales, Retail or Wholesale (Office Use Only) subject to conditional use permit; add Educational Institutions-Tutoring Services subject to conditional use H:\Tools\PC Admin\PC Agendas\121007.doc Request for continuance to January 7, 2008 1 zn oio7 Page 4 permit; Public and Special Purpose Zones: modify the Transition "T" zone provisions to require General Pian consistency for conditionally permitted uses; South Anaheim Boulevard Corridor (SABC) Overlay Zone: amendment to allow attached single-family dwellings by conditional use permit in conformance with multiple-family zone standards; Mixed Use Overlay Zone: modify requirements for Ground- Floor Commercial Uses; Types of Uses: modify Personal Services-General to include permanent facial make-up; modify Medical & Dental Offices to include colonoscopy and laser hair removal services; add Automated Teller Machines (ATM's), Exterior, Wall-Mounted; Supplemental Uses: delete time limitation reference for wireless communication facilities approved by conditional use permit; modify parking requirements for home occupations; clarify process for waiving setback and screening requirements for public utility equipment; add Automotive-Car Sales, Retail or Wholesale, Office Use Only; modify Mechanical and Utility Equipment - Roof Mounted for solar energy panels; establish maximum size requirements for flags and banners; Parking: modify parking requirements for bowling alleys, second units, and establish standards for automated parking facilities; add parking requirements for Automotive Car Sales, Retail or Wholesale (Office 'Use Only) and Educational Institutions - Tutoring Services; Signs: modify window sign definition; :modify the provisions for marquee or electronic readerboard signs; modify maximum height of letters and logos for wall signs; Landscape/Screening: modify requirements pertaining to landscape and fence height and type provisions; modify permitted types of landscape materials; Recycling: amend various Chapters to modify standards and procedures related to consumer recycling services; Nonconforming Structures: modify parking requirements in conjunction with the expansion of non-conforming structures in the Anaheim Colony Historic District and the 5 Points Neighborhood; Density Bonus: amend Chapter 18.52 (Density Bonuses) in its entirety to provide consistent formatting with Title 18 (Zoning Code) to allow for additional administrative approvals and various minor modifications and clarifications; Affordable Housing: delete Chapter 18.58 (Affordable Multiple-Family Housing Developments) in its entirety; Procedures: modify the appeal process for Zoning Administrator and Planning Commission decisions; modify responsibilities related to the Zoning Administrator; Administrative Reviews: modify requirements for Administrative Reviews; Variances: modify Special Findings for Variances; Definitions: modify definition of "Lots"; add definition for "General Plan Density". Project Planner.' Zoning Code Amendment Resolution No. (chores@ananeim.net) 12/10/07 H:\Tools\PC Admin\PC Agendas\121007.doc Page 5 4a. CEQA_NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Request for 4b. CONDITIONAL USE PERMIT NO. 2004-04952 continuance to (TRACKING NO. CUP2007-05254) January 23, 2008 Owner:: William C. Taormina _ 128 West Sycamore Street Anaheim, CA 92805 Agent: Steve Elkins 128 West Sycamore Street Anaheim, CA 92805 Location: 400, 401. 407, 408, 416 and 424 North Anaheim Boulevard: Parcel 1 -Property is approximately 0.3-acre, located at the northwest corner of Anaheim Boulevard and Adele Street with approximate frontages of 107 feet on the west side of Anaheim Boulevard and 103 feet on the north side of Adele Street (401 and 407 North Anaheim Boulevard). Parcel 2 -Property is approximately 1.5 acres located at the northeast corner of Anaheim Boulevard and Adele Street with approximate frontages of 361 feet on the east side of Anaheim Boulevard, 120 feet on the south side of Sycamore Street, 221 feet on the west side of Claudina Street and 204 feet on the north side of Adele Street (400, 408, 416 and 424 North Anaheim Boulevard). Request to reinstate apreviously-approved Conditional Use Permit for a public dance hall, banquet hall and a community and religious assembly facility with on-premises sales and consumption of alcoholic beverages and an off-site parking lot with waiver of minimum landscape setback and to permit a cover charge and amend conditions of approval to remove a time limitation. Project Planner: t',OndltlOnal USe Permit RQSOIUtIOn NO. (kwong2@anaheim.net) 12/10/07 H:\Tools\PC Admin\PC Agendas1121007.doc Page 6 5a. CEQA NEGATIVE DECLARATION 5b. RECLASSIFICATION NO. 2007-00213 5c. CONDITIONAL USE PERMIT NO. 2007-05268 5d. TENTATIVE TRACT MAP NO. 17164 5e. MISCELLANEOUS PERMIT NO. 2007-00226 Owner: :Heitman Living Trust 3083 West Ball Road Anaheim, CA 92804 Agent: Mahendra J. Desai Desai Construction and Development Inc. 2040 South Santa Cruz Street, Suite 115 Anaheim, CA 92805 Location: 3083 and 3087 West Bafl Road: Property is approximately 1.4 acres, having a frontage of 231 feet on the north side of Ball Road and located approximately 132 feet west of the centerline of Halliday Street. Request to permit a 20-unit single-family attached condominium complex. This project requires approval of the following actions: Reclassification No. 2007-00213 -Request reclassification of the subject property from the T (Transition) zone to the RM-1 (Multiple-Family Residential) zone or less intense zone. Conditional Use Permit No. 2007-05268 -Request to construct a 20-unit single-family attached condominium complex. Tentative Tract Map No. 17164 -Request to establish a 1- lot, 20-unit airspace attached residential condominium subdivision. Miscellaneous Permit No. 2007-00226 - .Request for Planning Commission determination of conformance with the Density Bonus Ordinance to construct a 20-unit single-family condominium development with 2 affordable units, a Density Bonus and incentives. Reclassification Resolution No. _ Conditiona Use Permit Resolution Tentative Tract Map Resolution No. Miscellaneous Resolution No. H:\Tools\PC Admin\PC Agendas\121007.doc No. Request for continuance to January 7, 2008 Project Planner. (kwong2@anaheim. net) 1 v10/07 Page 7 6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2000-04263 (TRACKING NO. CUP2007-05266) Owner: Living Stream Ministry - -- 2431 West La Palma Avenue Anaheim, CA 92801 Agent: John Pester Living Stream Ministry 2431 West La Palma Avenue Anaheim, CA 92801 Location: 2441 West La Palma Avenue (Living Stream Ministry: Property is approximately 27.9 acres, located at the northwest cornerof La Palma Avenue and Giibert Street and having approximate frontages of 780 feet on the north side of La Palma Avenue and 830 feet on the west side of Gilbert Street. Request to reinstate apreviously-approved Conditional Use Permit to retain a teleconferencing center and private conference/training center with waiver of minimum number of parking spaces and to amend conditions of approval to remove a time limitation. Project Planner. COndltlOnal USe Permit Re501UtlOn N0. (Skoehm@anaheim.net) 12/10/07 H:\TooIs1PC Admin\PC Agendas\121007.doc Page 8 7a. 7b. 7c. 7d. 7e. 7f. 7g Location: The approximate 820-acre Platinum Triangle is located in the City of Anaheim in Orange County, California, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement and north of the Anaheim City limit. This is aCity-initiated request by the Planning Department to increase the permitted amount of residential, commercial, office and institutional development in The Platinum Triangle as follows: Residential units -increase from 10,266 to up to 18,363 Commercial square feet -increase from 2,264,400 to up to 5,657,847 Office square feet -increase from 5,055,550 to up to 16,819,015 Institutional square feet -designate up to 1,500,000 square feet for ARTIC. General Plan Amendment (GPA2007-00454) - To amend the City of Anaheim General Plan to increase the permitted development intensities in The Platinum Triangle Mixed Use, Office High and Office Low land use designations; redesignate approximately 67 acres from the Office High land use designation to the Mixed Use designation; redesignate approximately 126 acres from the Office .High :and Office Low land use designations to the Mixed Use designation; redesignate approximately 17 acres from the Institutional land use designation to the Mixed Use designation; add the Platinum Triangle Mixed Use Overlay Zone, Office District as an implementation zone for The Platinum Triangle Office High and Office Low land use designations; remove the FAR (Floor Area 12/10/07 H:\Tools\PC Admin\PC Agendas\121007.doc Page 9 Ratio) requirement for Mixed Uses and Office Uses in The Platinum Triangle since the maximum intensities for these uses are identified in the General Plan and The Platinum Triangle Master Land Use Plan; allow conversion between land use types provided that the conversion is within the parameters of EIR No. 334; amend the Circulation Element (Figure C-1) to modify the designations of streets within The Platinum Triangle (Katella Avenue between Manchester Avenue and Anaheim Way; Douglass Road between Katella Avenue and the SR-57 undercrossing; Rampart Street between Orangewood Avenue and the South City Limits adjacent to the City of Orange; West Dupont Drive between Orangewood Avenue and South Dupont Drive; South Dupont Drive between West Dupont Drive and West Towne Centre Place; South Towne Centre Place between West Towne Centre Place and Rampart Street) and extend the Class II Bikeway on Orangewood Avenue from east of State Cpllege Boulevard to West Dupont Drive and add the Class II Bikeway to West Dupont Drive, South Dupont Drive and West Towne Centre Place to Rampart Street; and, amend the General Plan for internal consistency to reflect the amendments to The Platinum Triangle. Amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188) - To reflect changes identified in GPA2007- 00454; adjust the boundaries of the PTMU Overlay Zone to create the Orangewood, ARTIC (including the proposed Anaheim Regional Transportation Intermodal Center) and Office Districts and expand the Katella District; and, reflect technical refinements and clarifications including, but not limited to, refinements to street cross-sections, density descriptions and exhibits. Zoning Code Amendment (ZCA2007-00056) - To amend the Zoning Code (Chapter 18.20 (Platinum Triangle Mixed Use Overlay) of Title 18 of the Anaheim Municipal Code) to reflect changes identified in GPA2007-00454 and the amendment to The Platinum Triangle Master Land Use Plan; establish and create zoning standards for three new PTMU Overlay Districts (the Orangewood, ARTIC and Office Districts); modify zoning standards including, but not limited to, setbacks and parking structure requirements; and, include a requirement that owners of property in the PTMU Overlay Zone, Office District enter into a standard form of a Development Agreement with the City of Anaheim to implement permitted and conditionally permitted uses. Zoning Reclassification (RCL2007-00196) - To reclassify approximately 210 acres to the Platinum Triangle Mixed Use (PTMU) Overlay Zone. In 2004, the Anaheim City Council approved resolutions of intent per City Council Resolution No. 2004-180 to change the zoning designations of approximately 1 z/10/07 H:\Tools\PC Admin\PC Agendas\121007.doc Page 10 193 acres in The Platinum Triangle designated for Office High and Office Low land uses on the General Plan to the corresponding O-H (Office High) and O-L (Office Low) Zones with an overall limit of 1,735,000 square feet of office uses. This reclassification is proposed to rescind those previously-approved resolutions of intent and rezone those properties to the PTMU Overlay Zone. The underlying zoning designations of those properties (i.e., Industrial, Transition, General Commercial and Office High Zones) would remain the same. This reclassification is also proposed to change the zoning on an approximate 17 acre property located at 1750 and 1790 South Douglass Road from T (Transition) and I (Industrial) to T (Transition) PTMU Overlay Zone. Properties proposed to be reclassified to the PTMU Overlay Zone as part of this request are identified in the attached Platinum Triangle location map. Amendment to The Platinum Triangle Development Agreement Form - To amend the form of the standardized Development Agreement for the PTMU Overlay, Mixed Use Districts to include the Updated and Modified Mitigation Monitoring Program No. 1066, editorial refinements and updated fees and to create a standardized Development Agreement form for the PTMU Overlay Office District. CEQA DSEIR fVo. 334 and Updated .and Modified Mitigation Monitoring Program (MMP) Mo. 1068-To certify SEIR No. 334 including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and Updated and Modified MMP No. 1066. DSEIR No. 334 has been prepared to serve as the primary environmental document for the proposed project .actions and subsequent actions implementing the General Plan, The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the Platinum Triangle Standardized Development Agreements. The DSEIR also includes a Water Supply Assessment for The Platinum Triangle which is requested to be approved as required by Section 19010 of the California Water Code. Environmental Impact Report Resolution No. General Plan Amendment Resolution fVo. Zoning Code Amendment Resolution Ido. Amendment to the Platinum Triangle Master Land Use Plan Resolution fVo. Reclassification Plo. H:\Tools\PC Admin\PC AgendasC121007.doc Project Planner: (skim@anaheim.net) 12/10/07 Page 11 8a. CEQA SUBSEQUENT ENVIRONMENTAL IMPACT 8b. 8c. 8d. 8e. Owner: Ronald W. Marshall and Deborah L. Marshall Trust The Marshall Family Trust 1105 East Katella Avenue Anaheim, CA 92805 Ewing Enterprises c/o See Development Limited Partnership Thomas Ewing 4931 Birch Street Newport Beach, CA 92614 Agent: Lntegral Partners, LLC John Stanek 160 Newport Center Drive, Suite 240 Newport Beach, CA 92660 Location: 1005 -1105 East Kateila Avenue: Property is approximately 4.6 acres, having an approximate frontage of 306 feet on the north side of Katella Avenue and located 658 feet east of the centerline of Lewis Street. This request is to permit the development of the Platinum Vista project, a 327 unit residential condominium project with a 9,500 square foot full service restaurant with an outdoor dining area. This project requires approval of the following actions: Conditional Use Permit No. 2007-05248* - To permit the sale and consumption of alcoholic beverages within afull-service restaurant. Development Agreement No. 2007-00002 - To adopt a Development Agreement between the City of Anaheim and Ronald W. Marshall and Deborah L. Marshall Trust, The Marshall Family Trust, and See Development Limited Partnership to provide for the development of the Platinum Vista project.** Tentative Tract Map Plo. 17186 - To establish a 2-lot (1 lettered and 1 numbered) residential subdivision. 12M oio7 H:\TooIs1PC Admin\PC Agendas1121007.doc Page 12 Conditional Use Permit Resolution No. Development Agreement Resolution Mo. Tentative Tract Map Resolution No. Advertised as Conditional Use Permit No. 2006-05248 " Advertised as a Development Agreement between the City of Anaheim and Ewing Enterprises. ue `f Lack uru Project Planner: (twhite@anaheim. net) °Tere iIB t a tannin ~~sin satin n ace bar 7 Adjourn To Monday, January 7, 2008 at 1:00 P.M. for Preliminary Plan Review 12/10/07 H:\Tools\PC AdminlPC Agendas\121007.doc Page 13 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.m. December 5. 2007 (TIME) (DATE) LOCATION: COUNCIL CHAMBER D P CASE AND COUNCIL DISPLAY KIOSK SIGNED: 1 If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at (714) 765-5139.. 12/10/07 H:\Tools\PC Admin\PC Agendas\121007.doc Page 14 SCE®ULE _._ 2007 December 24 Cancelled 12/10/07 H:\Tools\PC Admin\PC AgendasM21007.doc Page 15 Item No. to Specific Plan Adjustment No. 7 to The Disneyland Resort Specific Plan (Tracking No. SPN2007-00050) Requested By: WALT DISNEY IMAGINEERING The Disneyland Resort toata Subject Property Date: December 10, 2007 Scale: 1" = 1150' Q.S. Nos. 65, 74, 75, 76, 87, 88, 97 A'~"I'ACfI112E1V~' l~I®. 1 ~~~~ ~~ ~°^nm Disneyland Resort Specifio Plan 92-1 ~~~-~- Mop LaeaUOn City of Anaheim Planning GIS ~noz.: ry-ar~.zra: ~u A'g"I'ACI~1~E1~IT' I~I~. 2 Tfif3 Disrteyiand Resort Specific Flan Anahs€m, CalNortdo L®5asnd ~~V~I~~3Ir'9~'1~$ P~C8B7 !_~_ _~,~ umttotananeirnrtasan 3hoeWng Boundad®s or Armh®im Resod ~~J D~eylantl R®sar Specific Wan Bo~mtlorv 0 1090 2090 feet ~ NoAh .. ,,, Desipnatetl far Futwa Extmwon In Exisfin0 Generd Plar Circulation Bemsnl ~~/~~ ihomo Pork LtirnIM (DwotoprtwM Arco 1) jrf~/~ Hotat D1mlCt (Develapmeni Arse 2) PorYlnp gsh~1 lD®~Cfl~merrt Ar9a5 3O & 3[1j 4~Y/,fiy„ Future Eupansion Dtsrdcf ~/!/!!/fi (Development Areo ~ ~~~~ Distdcf A (Devebpment Area 5) Fxmm~ s.sts-nevetoattsenr war? [D~tAFT] ATTACHMENT N0.3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.114 OF THE ANAHEIM MUNICIPAL CODE AND AMENDING ORDINANCE NO. 5378, AS PREVIOUSLY AMENDED, ACCORDINGLY (ADJUSTMENT NO. 7). WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to establishment of Zoning and Development .Standards for The Disneyland Resort Specific Plan No. 92-1 by the addition of Chapter 18.114 (formerly, Chapter 18.78) to said Municipal Code; and WHEREAS; on April 12, 1994, the City Council adopted Ordinance No. 5420 amending Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1, which amendment established "District A", redesignated a portion (approximately 9 acres) of the East Parking Area to District A; and established Zoning and Development Standards for District A; and WHEREAS, on June 20, 1995, the. City Council adopted Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland. Resort Specific Plan No. 92-1, Amendment No. 2, which amendment redesignated a portion. (approximately 10 acres) of the East Parking Area to District A; and WHEREAS, on October 22, 1996, the City Council adapted Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3, which amendment encompassed modifications to The Disneyland Resort Project including a Revised Phasing Plan; modifications to the Specific Plan (including the Zoning and Development Standards, Design Plan and Guidelines and Public Facilities Plan) to implement the Revised Phasing Pian; and, incorporation of text and graphic modifications to the document; and WHEREAS, on September 16, 1997, the City Council adopted Ordinance No. 5613 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Adjustment No. 1, which adjustment encompassed standards addressing permitted encroachments, screening requirements and height limitations; and WHEREAS, on July 13, 1999, the City Council duly adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 4, which amendment encompassed text and exhibit changes throughout the Specific Plan document to reflect the establishment of the new Pointe Anaheim Overlay which provides for the development of the Pointe Anaheim Lifestyle- Retail and Entertainment Complex, including amendments to the Development Plan, the Design Plan and Guidelines, the Public Facilities Plan and the Zoning and Development Standards; and WHEREAS, on March 19, 2002, the City Council duly adopted Ordinance No. 5807 amending Ordinance Nos. 5377 and 5378, as previously. amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which amendment pertained to the Pointe Anaheim Project; and which amendment encompassed text and exhibit changes throughout the specific plan document to reflect the modified Pointe Anaheim Project, including development in up to five phases over time, including amendments to the Land Use Plan, Design Plan, Zoning and Development Standards and Conditions of approval; and WHEREAS, on April 25, 2006, the City Council duly adopted Ordinance No. 6022 amending Ordinance. Nos. 5377 and 5378, as previously amended, relating to .The.. Disneyland Resort Specific Plan No. 92-1, Amendment No. 6, which amendment pertained to the Anaheim GardenWalk Project; and included amendments to the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards, and Conditions of Approval to provide For the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces. Said Amendment also changed the project reference. from "Pointe Anaheim Lifestyle Retail and Entertainment Complex" to "Anaheim GardenWalk project" and the overlay reference from "Pointe Anaheim Overlay" to "Anaheim GazdenWalk Overlay;' ;and WHEREAS, on October 3, 2007, the City Council adopted Ordinance 6056: amending Ordinances Nos. 5807, 5377 and 5378, as previously amended, relating to the Disneyland Resort Specific Plan No. 92-1, Amendment No. 7, which amendment modified zoning and development standards pertaining to permitted azchitectural encroachments in required building setback areas and to modify exhibits pertaining to the maximum number and location of permitted wall signs within The Disneyland Resort Specific Plan No. 92-1, Anaheim GardenWalk Overlay Zone; and WHEREAS, Michael Motague as authorized agent for Walt Disney hnagineering submitted the request on September 25, 2007, for Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 Zoning and Development Standards) ;and WHEREAS, proposed Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 includes changes to the Zoning and Development Standards for Chapters 18.114.050.0202 and 18.114.060.0102 pertaining to number of hotel rooms permitted in the Hotel and Theme Park District; and -2- WHEREAS said Planning Commission, by its Resolution No. PC 2007-, made certain findings and recommended that the City Council adopt Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1; and WHEREAS, the Anaheim City Planning Commission has reviewed the Proposed"" Project Actions, and did find and recommend, by its Resolution No. PC2007, that the City Council, based upon its independent review and consideration of the previously-certified Final EIR No. 311 and the evidence received at the public hearing, that the previously-certified EIR No. 311 is in compliance with CEQA and the State and City CEQA Guidelines and is adequate to serve as the required environmental documentation for this Adjustment to The Disneyland Resort Specific Plan and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Adjustment.; and WHEREAS, the City Council desires to modify the Zoning and Development standards established by Ordinance No. 5378, as previously amended, contained within Chapter 18.114 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific Plan No. 92-1; and WHEREAS, the City Council finds that the following amendments are consistent with the findings and determinations made in Resolution No. 2007R- , adopting Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1, considered concurrently herewith. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: 1. That, except as expressly amended herein, Ordinance No. 5378, as previously amended, shall remain in full force and effect. 3. That Ordinance No. 5378, as previously amended, be, and the same is hereby, amended to revise the Zoning and Development Standazds in Chapter 18.114 of the Anaheim Municipal Code as follows: SECTION 1. That subsection .020 of Section 18.114.050.0202 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Limitation on Total Number of Hotel Guest Rooms or Suites. The total number of hotel guest rooms or suites permitted within the Hotel District shall not exceed five thousand six hundred (5,600) rooms, not including those permitted under Section 18.114.100.060 (C-R Overlay Density). The total number of rooms shall be further limited as follows: -3- .0201 Up to one hundred fifty (150) of the five thousand six hundred (5,600) guest rooms may be permitted as Vacation Ownership Resort units; additional guest rooms maybe designated Vacation Ownership Resort units, subject to a Conditional Use Permit. All Vacation Ownership Resort Units shall be in conformance with Section 18.114.120 (Requirements for Vacation Ownership Resorts). 0202 Up to one thousand and twenty-five (1,025) of the five thousand six hundred (5,600) guest rooms may be located within the Theme Park District, provided that visitor vehicular access to any hotel within the Theme Park District shall be obtained from West Street/Disneyland Drive only." SECTION 2. That subsection .010 of Section 18.114.060:0102 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 Theme Park -Permitted Primary Uses and Structures. Subject to the limitations prescribed in Section 18.114.050 (Land Use and Site Development Standards - General) and in accordance with the Design Plan, the following buildings, structures and uses shall be permitted in this District: .0101 Theme Park. A commercial establishment which includes entertainment facilities of a regional significance and may include ancillary or incidental facilities, such as plazas, streets, walkway promenades, marinas, lakes, parks, and other landscaped open space areas, and rest areas and which may charge a fee for admission. The following facilities maybe included within a Theme Park: 01 Amphitheaters, indoor and outdoor. 02 Amusement devices and/or arcades. 03 Auditoriums. .04 Dance floors. .OS Fireworks (location and time subject to approval of the Fire Department). .06 Outdoor special light effects including, but not limited to, sky beacons, floodlights of the thematic element and other theme park structures, search lights, laser light shows, fireworks, and other similar lighting effects intended primarily for entertainment of The Disneyland Resort visitors and not as an advertising display. .07 Retail shops. .08 Restaurants -enclosed, semi-enclosed, satellite, or walk-up. -4- .09 Theaters - includes dinner, legitimate or motion picture theaters., and performance theaters or clubs. .10 Theme park attractions. A building, structure, improvement, device, mechanism, or other facility or combination thereof operated for the '" entertainment of visitors in a theme park. Such facilities may include, but are not limited to: roller coasters, amusement rides, water rides, monorails, shows (live, automated or motion picture), displays, museums, art galleries, auditoriums, pavilions, or zoos. I 1 Outdoor stands and booths. .0102 Hotels. Up to a maximum of one thousand and twenty-five (1,025) hotel rooms or guest suites and gaining vehicular access from West Street/Disneyland Drive subject to the limitations prescribed in subsection 18.114.050.020 (Limitation on Total Number of Hotel Guest Rooms or Suites). .0103 Retail Entertainment Centers. :0104 Transportation Facilities. .0105 Vacation Ownership Resorts in compliance with Section 18.114.120 (Requirements for Vacation Ownership Resorts) and Section 18.114.050:020 (Limitation on Total Number of Hotel Guest Rooms or Suites)." SECTION 3 SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially khe same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, .and not as new enactments. -5- SECTION 5. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall• be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, fine or corporation, and shall be punishable therefore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held. on the _ day of , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the ~ day of 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM -6- [DRAFT) ATTACHMENT N0.4 RESOLUTION NO. PC2007--*** A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF ADJUSTMENT NO. 7 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 ZONING AND DEVELOPMENT STANDARDS (SPN2007-00050) WHEREAS, on April 29; 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development Standards" when the Specific Plan includes zoning regulations and development standazds to be substituted for existing zoning under the Zoning Code, which "Zoning and. Development Standards" shall be adopted by ordinance independent of the rest of the Specific Plan; and WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code,: on June 29, 1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan. No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to the establishment of Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92-1 by the addition of Chapter 18.78 to said Code; and WHEREAS; on Apri]' 12, 1994, the City Council adopted Ordinance No. 5420 amending Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1, which amendment established "District A," redesignated a portion (approximately 9 acres) of the East Parking Area to District A, and established "Zoning and Development Standards" for District A; and WHEREAS; on June 20, 1995, the City Council adopted Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 2, which amendment redesignated a portion (approximately 10 acres) of the East Pazking Area to District A; and WHEREAS, on October 22, 1996, the City Council adopted Ordinance No. 5580 .amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3, which amendment encompassed modifications to The Disneyland Resort Project including a Revised Phasing Plan and modifications to the Specific Plan Guidelines and Public Facilities Plan to implement the Revised Phasing Plan; and incorporation of text and graphic modifications to the document; and WHEREAS, on July 13, 1999, the City Council adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 4, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim Project") on approximately 29.1 acres; and which amendment established "Zoning and Development -1- PC2007- Standards" for the Pointe Anaheim Overlay, modified the Land Use Plan, the Public Facilities Plan, the Design Plan and the Conditions of Approval, and incorporated text and graphic modifications to implement the Pointe Anaheim Project, and redesignated a portion of District A (18:9 acres) and Parking District (East Parking Area)/C-R Overlay (10.2 acres) to the Pointe Anaheim Overlay; and WHEREAS; on March 19, 2002, the City Council adopted Ordinance No: 5$07 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which .amendment pertained to the Pointe Anaheim Lifestyle Retai] and Entertainment Complex (the "Pointe Anaheim Project") on approximately 29.1 acres; and which amendment incorporated text and exhibit modifications throughout the Specific Plan document relating to the mix and allocation of land uses, zoning standards, phasing, project layout and minor modifications to project conditions of approval and mitigation measures to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms/suites. (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and WHEREAS, on April 11, 2006, the City Council adopted Ordinance No. 6022. amending Ordinance Nos. 5807, 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 6, which amendment pertained to the Anaheim GardenWalk (formerly Pointe Anaheim) Lifestyle Retail and Entertainment Complex; and which amendment incorporated text and exhibit changes throughout the specific plan document, including amendments to the Executive Summary, Planning Context, Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards, Zoning Explanation, Conditions of Approval, and Modified Mitigation Monitoring Program to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and WHEREAS, on October 3, 2007, the City Council adopted Ordinance 6056 amending Ordinances Nos. 5807, 5377 and 5378, as previously amended, relating to the Disneyland Resort Specific Plan No. 92-1, Amendment No. 7, which amendment modified zoning and development standards pertaining to permitted architectural encroachments in required building setback .areas and to modify exhibits pertaining to the maximum number and location of permitted wall signs within The Disneyland Resort Specific Plan No. 92-1, Anaheim GardenWalk Overlay Zone; and WHEREAS; proposed Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 includes changes to the zoning and development standards for Sections 18.114.050.0202 and 18.114.060.0102 pertaining to number of hotel rooms permitted in the Theme Park District as follows: That subsection .020 of Section 18.114.050.0202 of Chapter 18.114 be amended as follows: _2_ PC2007- .020 Limitation on Total Number of Hotel Guest Rooms or Suites. The total number of hotel guest rooms or suites permitted within the Hotel District shall not exceed Five thousand six hundred (5,600) rooms, not including those permitted under Sectian 18.114..100.060 (C-R Overlay Density). The total number of rooms shall be further limited as follows: .0201 Up to one hundred fifty (150) of the five thousand six hundred (5,600) guest rooms may be permitted as Vacation Ownership Resort units; additional guest rooms maybe designated Vacation Ownership Resort units, subject to a Conditional Use Permit. All Vacation Ownership Resort Units shall be in conformance with Section 18.114.120 (Requirements for Vacation Ownership Resorts). follows: iundted visitor n' West ..010 Theme Pazk -Permitted Primary Uses and Structures. Subject to the limitations prescribed in Section 18.114.050 (Land Use and Site Development Standazds - General) and in accordance with the Design Plan, the following buildings, structures and uses shall be permitted in this District: .0101 Theme Pazk. A commercial establishment which includes entertainment facilities of a regional significance and may include ancillary or incidental facilities, such as plazas, streets, walkway promenades, marinas, lakes, pazlcs, and other landscaped open space areas, and rest areas and which may chazge a fee for admission. The following facilities maybe included within a Theme Pazk: .O1 Amphitheaters, indoor and outdoor. .02 Amusement devices and/or azcades. .03 Auditoriums. .04 Dance floors. .OS Fireworks (location and time subject to approval of the Fire Department). .06 Outdoor special light effects including, but not limited to, sky beacons, floodlights of the thematic element and other theme park structures, seazch lights, laser light shows, fireworks, and other similaz lighting effects intended primarily for entertaimment of The Disneyland Resort visitors and not as an advertising display. .07 Retail shops. -3- PC2007- That subsection .010 of Section 18.114.060.0102 of Chapter 18.114 be amended as .08 Restaurants -enclosed, semi-enclosed, satellite, or walk-up. .09 Theaters -includes dinner, legitimate or motion picture theaters and performance theaters or clubs. .10 Theme pazk attractions. A building, structure, improvement, device, mechanism, or other facility or combination thereof operated for the entertainment of visitors in a theme pazk. Such facilities may include, but are not limited to: roller coasters, amusement rides, water rides, monorails, shows (live, automated or motion picture), displays, museums, art galleries, auditoriums, pavilions, or zoos. 11 Outdoor stands and booths. 0103 Retail Entertairunent Centers. 0104 Transportation Facilities. .0105 Vacation Ownership Resorts in compliance with Section 18.114.120 (Requirements for Vacation Ownership Resorts) and Section 18.114.050.020 (Limitation on Total Number of Hotel Guest Rooms or Suites). WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chambers, 200 South Anaheim Boulevazd, in the City of Anaheim on December 10, 2007, at 2:30 p.m., notice of said public meeting having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapters 18.60 (Procedures) to heaz and consider evidence for and against the Proposed Project Actions and to investigate and make findings and recommendations in connection therewith; and WFIEREAS, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of the information provided in the Specific Plan document and other information and evidence received during the public meeting process, the Planning Commission DOES HEREBY FIND: 1. That Adjustment No. 7 to The Disneyland Resort Specific Plan, as proposed, is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein. 2. That Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 results in development of desirable character inasmuch as the transfer of hotel units to the Theme Park District allows the opportunity for more guests to stay at a theme park and the total number of permitted hotel units is not being amended and the proposed change is consistent with The Disneyland Resort Specific Plan Zone. -4- PC2007- 3. That Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 respects the environmental and aesthetic resources consistent with economic realities by providing for additional hotel units within the Theme Park District of The Disneyland Resort fulfilling the goals and objectives of The Disneyland Resort Specific Plan. The previously-approved Environmental Impact Report No. 311 addressed the impacts of the number of hotel units permitted within The Disneyland Resort Specific Plan. This proposed adjustment does not increase the total number of hotel units, the adjustment only transfers 25 hotel units from the Hotel District to the Theme Park District and therefore there are no additional environmental impacts associated with this request. 4. That *** indicated their presence at said public meeting in opposition; and that *** correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1, and does recommend that the City Council find and determine that, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of the previously-certified EIR No. 311 and the evidence received at the public hearing, that the previously-certified EIR No. 311 is in compliance with CEQA and the State .and City CEQA Guidelines and is adequate to serve as the required environmental documentation for this Adjustment to The Disneyland Resort Specific Plan and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Adjustment. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend that the City Council, by ordinance, adopt Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 zoning and development standards; and BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within IS days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 26, 2007. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and .adopted at a meeting of the Anaheim City Planning Commission held on December 10, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF; I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- .~ Q,ra. ~ C AT A 1-9~glL1VAIl`il\ S 1\ ®. ~ay~I~~~'~? ~lyla~il~leel'ing September 25, 2007 Della FIerrick Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92803 RE: The Disneyland Resort -Request for Specific Plan Code Adjustment Grand Californian Hotel Expansion Dear Ms. Herrick: Pursuant to our meetings with City staff on January 31, 2007, as well as subsequent conversations, and in accordance with Section 18.114.040 (Methods and Procedures of Specific Plan Implementation) of The Disneyland Resort Specific Plan, Disney is requesting a Specific Plan Code Adjustment. Currently, the Grand California Hotel includes 745 rooms. The expansion project would add up to 280 additional rooms/keys, some of which aze planned as Vacation Ownership Resort units. The Disneyland Resort Specific Plan allows a total of 5,600 hotel rooms. Up to 1,000 of these rooms may be developed in the Theme Park District (which contains the Grand Californian Hotel). Since the proposed Grand Californian Hotel Expansion project includes 25 rooms/keys in excess of what is identified within the Theme Park District, the proposed adjustment would shift 25 rooms keys from the Hotel District to the Theme Park District, while maintaining the overall lid of 5,600 hotel rooms. Section 18.114.040.050 (Specific Plan Amendments) of the zoning and development standards of The Disneyland Resort Specific Plan requires that amendments to The Disneyland Resort Specific Plan be processed in accordance of the requirements of Chapter 18.72 (Specific Plans) of the Anaheim Municipal Code. Section 18.72.040.040 (Specific Plan Adjustment) includes provisions for the adoption of a Specific Plan Adjustment. Since the overall number of rooms allowed within the Hotel and Theme Park Districts would not change, a Specific Plan Adjustment is the appropriate mechanism to revise The Disneyland Resort Specific Plan. The Grand Californian Hotel Expansion project will not result in any environmental impacts above and beyond those which were already bniligy u4lreu: Ftnt Of)ICC Bna 25020 / UI<ndnlc, Culifumiu ')12? I-50?0 IUII FInuxr Stmdl Olcudulr., Cnlifnrni:a )I?21-SO?0/816-544-8500 r+~~~ne=mout~~~an~~(P)a4~israep a,~,yny oo4ucy ~; y..: . e, ` Ia Herrick 'ptember 25, 2007 addressed in the Final Environmental Impact Report for The Disne}~land Resort that was -- -- previously certified by [he City Council. We appreciate your review or Disney's. request to adjust The Disneyland Resort Specific Plan to accommodate the Grand Californian Hotel Expansion project. Please feel free to contact me at (714) 284-6340. You may also contact Peri Muretta at (949) 588-6090 with any questions or requests for information that you may have. 5incer ly, Michael C. Montague ~ - Duector of Development C: Linda .Tohnson, City of Anaheim Peri Muretta Jerome Scott, Morris Architects Page 2 m~H,~~r Item No. 2 ~e®°® Alpha (NOentProjec®)~®° Redevelop®° ~ . ° ®°~ SP 94-1 T ORANGE COUNTY WATER pISTRICT Conditional Use Permit No. 3277 (Tracking No. CUP2007-05251) Requested By: CITY OF ANAHEIM 950 - 970 North Tustin Avenue SP 94-1 RCL 65-66-24 (Res of Intent to ML.) RCL fi5-66-13 CUP 2169 T-CUP 2003-04675 CUP 4020 WARNER SPREADING BASIN T ~ ~~ _ ~~F \ SP 94-1 /~' .. RCL 80-81-42 ~ -9~• T-CUP 2007-05251 ' 'CUP 3277 `CUP 2232 z tom`. A >i -CUP 1593 0 ., PARKING/STORAGEi ® `~ _ e ~ ~` , '. ° e 490' \® ° ~ °. ® ~~; ° ® ~®,® ~G SP 94-1 ° tSt RCL 65-66-13 ® ~ ~ ° T ®RCL 65-66-13 ~L °® spa y~ ORANGE COUNTY ti°oL°~Sy WATER DISTRICT @°-o ~o7h ~~AdNr "o '9 ° .ioc~P/ '9iA ° a ®_ ai / \ N Subject Property Date: December 10, 2007 Scale: 1" = 200' Q.S. No. 150 10364 zoos Conditional Use Permit No. 3277 (Tracking No.2007-05251) Subject Property Requested By: CITY OF ANAHEIM 950 - 970 North Tustin Avenue Date: December 10, 2007 Scale: 1" = 200' Q.S. No. 150 1036? ITEM NO.2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92605 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.nel PLANNING COMMISSION AGENDA REPORT- City of Anaheimi PLANNING DEPARTMENT DATE: DECEMBER 10, 2007 FROM: PLANNING SERVICES MANAGER SUBJECT: ` CONDITIONAL USE PERMIT N0.3277 `(TRACKING NO CUP2007-05251) LOCATION: 950 - 970 North Tustin Avenue APPLICANT: The applicant is the City of Anaheim and the property owner is Bazry Konier. REQUEST: This is a request initiated by the Planning Department to revoke or' modify Conditional Use Permit No. 3277, which permits office uses in an existing industrial building and a waiver to permit an electronic readerboazd sign. RECOMMENDATION: Staff recommends that the Commission continue this request to the January 7, 2008, Planning Commission meeting to allow the property owner to submit an application to amend the permit. BACKGROUND: This property is developed with office and industrial businesses and is located within the Northeast Area Specific Plan, Commercial Area (SP94-1- Development Area 5). Conditional Use Permit No. 3277, a request to permit office uses in an existing industrial building with freestanding signs that aze closer together than code permits, was approved by the City Council on August 21, 1990. Two of the businesses aze presently conducting automobile repairs and one of the businesses is selling recreational vehicles and storing vehicles outdoors in violation of this permit. These uses require approval of a conditional use permit. This entitlement also allows an electronic readerboard sign to advertise businesses on the property; however, the sign has been advertising businesses not on the property. In .addition, the sign has not been maintained, panels have been added to the sign that are not permitted and the sign permit was not finalized by the Building Division. On August 20, 2007, at the request of the Code Enforcement Division, the Planning. Commission determined that the subject conditional use permit should be set for public heazing to consider the revocation or modification of the permit. A certified - CONDITIONAL USE PERMIT NO. 3277 December.10, 2007... ', Page 2 of 2 letter dated September 28, 2007, was sent to the property owner of record to provide written notification that the conditional use permit would be considered at the October 15, 2007, Planning Commission meeting. This request was continued to allow the property owner time to address the issues. - Staff and the property owner have met to discuss the Code violations on the property. The. property owner has subsequently ceased to advertise off-site businesses on the electronic readerboard sign and is refurbishing the sign in compliance with code and obtaining a final inspection for the sign permit. The property owner is also in the process of submitting an application to amend the conditional use permit to allow the existing un-permitted businesses on the property. Therefore, staff requests a continuance to January 7, 2008, to allow time for the property owner to submit the application.. Respectfully submitted, Co tarred by, Principal Planner Planning Sl~rvices Manager ` ~` Item No. 3 xL 'o~ Cw ~: op - o w Sg ru4 a~ eQ 5~ as ° ° =<S ou< iu s~ mm s& m., w.. - ~h ~ .m ..a u~ u c 6tANGETH~aPE FVENWE LAPAIMA AVENUE ONWLN AVENUE ~_ eAU w = 5 awo _ a S rATELLA AvENUE Cl1ARAg4 AVENUE zn mo a min wx m u+. xu~ a z s n'ein Zoning Code Amendment No. 2006-00052 Subject Properly Date: December 10, 2007 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. n/a Citywide aoaza City of Anaheim PLANNII~TG I~EPARTMEN'I' DATE: DECEMBER io, 2oa~ FROM: PLANNING SERVICES MANAGER i SUBJECT:. ZONING CODE AMENDMENT NO. 2006-00052 LOCATION: Citywide REQUEST: This is aCity-initiated request by the Planning Department to amend various sections of Title 18 "Zoning" of the Anaheim Municipal Code. RECOMMENDATION: Staff recommends that the Commission continue this request to January 7, 2008, to allow time for staff to finalize the requested amendments. Respectfully submitted, C ncurred by, ___ Principal Planner Plann g Services Manager 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim:net ~. Zoe aGCg1_ea-qs ~ ~ C.G~Rg.3. 6pV oA ~~ Z 1Dp ° pI.BER~psj. s ? mN z ~ RS D 1DU 'r v= Cn n ~ O D O m@~~ ~ ZpU p G i ,._ 2 G _ ~ NEtHRU ~P y 3 v O OR REST. ,o~EPCH GO qp R ~U a ~ 53 z 53 ZpU 1OV O m~ ~ R = N 1.DU,EpGN 1pU~z v ~ O o 3DU ~ ~ ° N 4 i Zpu N = gYGPMORE St 40~ ~°~ 1D° ~ ~1 1 DU ~ BRGK~R t~ U OL 5 5 6 5 j~ 12~ ps).pp ~ 1° 0. 1pU ~ ~~ 3DU 4y PpRGE`2 .. VAcPNt. 1DU SP 0.OL B~.BBAS nI 2DU 4 JPR 309 2DU 6DU FyG~ 66 66 56 \ <. G PNT RS;3 v ~ OF1UpGH \ FiG. 3661 ~pG: 5.3 ~ `g G 3162 c R n~l ....n 4PR'i55T~RE ' ?.cup o~0 -0962, a~'..' ~qU ~'\N Conditional Use Permit No. 2004-04952 Subject Property (Tracking No. CUP2007-05254) Date: December 10, 2007 Scale: 1 " = 200' Requested By: STEVE ELKINS Q.S. No. 83 Parcel 1:401 and 407 North Anaheim Boulevard Parcel 2: 400, 408, 416 and 424 North Anaheim Boulevard ~ca2z Aerlal Photo: JuIV 2006 Conditional Use Permit No. 2004-04952 (Tracking No. CUP2007-05254) Requested By: STEVE ELKINS Parcel 1:401 and 407 North Anaheim Boulevard Parcel 2: 400, 408, 416 and 424 North Anaheim Boulevard Subject Property Date: December 10, 2007 Scale: 1" = 200' Q.S. No. 83 ~oazz `` ITEM N®. 4 PLANNING COMMISSION AGENDA REPOR'T' City of Anaheim PLANNING DEPARTMENT - DATE: DECEMBER 10 2007 FROM: PLANNING SERVICES MANAGER SUBJECT:. CONDITIONAL USE PERMIT N0.2004-04952 (TRACKING NO. CUP2007-05254) LOCATION: Pazcel 1:401 and 407 North Anaheim Boulevard; Pazce12: 400, 408, 416 and 424 North Anaheim Boulevard APPLICANT: The applicant is Steve Elkins and the property owner is William Taormina. REQUEST: The applicant requests approval to reinstate a conditional use permit to retain apreviously-approved public dance hall, banquet hall and community and religious assembly and to amend the conditions of approval to delete a time. limitation and to permit a cover chazge. RECOMMENDATION: Staff recommends that the Commission continue this request to January 23, 2008, to allow time for the applicant to modify the request to add a new parking lot at 113 West Adele Street, adjacent to the facility. BACKGROUND: Pazcel 1 is under construction for the previously-approved Club Luna. It is located in the General Commercial (C-G) zone. Pazce12 is developed with a banquet hall and a pazking lot. It is located in the General Commercial (C-G) zone and Single-family Residential,(RS-3)znne. The General Plan designates these properties and properties in all directions for Mixed Use land uses. On February 23, 2005, the Planning Commission approved the permit for a public dance hall, banquet hall and a community and religious assembly facility with on- premises sales and consumption of alcoholic beverages and anoff--site pazking lot with a waiver to allow a landscaped setback that is less than code permits. The applicant requests a continuance to the January 23, 2008, Planning Commission meeting to readvertise the request to add the pazking lot proposed on Adele Street. 200 S. Anaheim Bivd. Suite #162 Anaheim, CA 92605 Tel: (714) 765-5139 Fax: (714) 765-5260 www.anaheim.net CONDITIONAL USE PERMIT N0.2004-04952 December ]0, 2007 Page 2 of 2 Respectfully submitted, Co~curred by, Principal Planner Plannin~ Services Manager ~, ~: Attachments: 1. Continuance Request Attachment No. 1 December 4, 2007 Kimberly, I would like to request a continuance of Conditional Use Permit No. 2004-04952 to allow the advertisement of the permit to amend the proposal. I would like to continue this item to the January 23, 2008 Planning Commission meeting. Thank you, Steve Elkins Item No. TE RANIMAR DR RS-2 a 1 DU EACH N ~-~ VAR 1628 ° RS-2 ~ RS-2 '- y 1 DU EACH Q - 1 DU EACH a VAR 3520 p o ~ LYNROSE OR ~ a 4 = RS-2 = RS-2 "' 1 DU EACH 1 DU EACH RCL'63 -64-94 - GLEN HOLLY DR VAR 3157 RS-2 1 DU EACH RS-2 j 1 DU EACF T RM-3 TPM 16833 m RCL 2004-00141 v RCL BB-B9-25 4 CUP 2004-04951 0 " CONDOS. 1s Du RS-2 ~ m; } o T - T~ ~ T ~ RCL 2007-00213 ~, a ¢ , i ~ CUP 2007-05268 ~~ N = v MI5 2007-00226 ~ o: ~ w TTM 17164 (CUP 1922_) ~o i BALL RO f'®'- 231 ' -s}~m-.132' -+s-~ F N h I (0 F Q U F V) u) F = N Q y LIl ~ ~ ~ ~ ~ w Reclassification No. 2007-00213 Conditional Use Permit No. 2007-05268 Tentative Tract Map No. 17164 Miscellaneous No. 2007-00226 Requested By: MAHENDRA DESAI 3083 and 3087 West Ball Road 1oa2o T (MHP) RCL 62-03-26 CUP 763 VAR 1832 MOBILEHOME PARK F- U ~i ..' Subject Property Date: December 10, 2007 Scale: 1" = 200' Q.S. No. 10 a ~ RS-2 N 1DU EACH w U Y O Aerial Pholo: Reclassification No. 2007-00213 Conditional Use Permit No. 2007-05268 Tentative Tract Map No. 17164 Miscellaneous No. 2007-00226 Subject Property Date: December 10, 2007 Scale: 1" = 200' Q.S. No. 10 Requested By: MAHENDRA DESAI 3083 and 3087 West Ball Road raazo ITEM PIO. 5 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 10, 2007 FROM: PLANNING SERVICES MANAGER SUBJECT:. RECLASSIFICATION N0.2007-00213, CONDITIONAL USE PERMIT N0.2007-05268 TENTATIVE TRACT MAP NO. 17164 MISCELLANEOUS PERMIT NO. 2007-00226 LOCATION: 3083 .and 3087 West Ball Road APPLICANT: The applicant is Desai Constmction and Development and the. property owners aze the Heitman Living Trust and the Brock Family Trust. REQUEST: The applicant requests approval of the following applications to construct a 20-unit single-family attached residential condominium complex: (a) Reclassification No. 2007-00213 -Request to reclassify the property. from the T (Transition) zone to the RM-] (Multiple-family Residential) zone. (b) Conditional Use Permit No. 2007-05268 -Request to construct a 20-unit attached single-family condominium planned unit development with modification of development standards. (c) Tentative Tract Mao No. 17164 -Request to establish a 1-lot, 20-unit airspace attached residential condominium subdivision. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net (d) Miscellaneous Permit No. 2007-00226 -Request for Planning Commission determination of conformance with the Density Bonus Ordinance to construct a 20-unit, single-family condominium development with 2 affordable units, a Density Bonus and incentives. RECOMMENDATION: Staff recommends that the Commission continue this request to January 7, 2008, as requested by the applicant. BACKGROUND: These properties aze developed with 2single-family residences. They aze located within the Transition (T) zone. The General Plan designates these properties and properties to the west for Corridor Residential land uses. Properties to the north and east aze designated For Low Density Residential land uses. Properties RECLASSIFICATION NO. 2007-00213 December 10, 2007 Page 2 of 2 ~ - to the south across Ball Road are designated for Low Medium Density Residential land uses. The applicant requests a continuance to January 7, 2008, in order for a resolve a street improvement issue. Respectfully submitted, ;' Concurred by, ' ~~; Principal Planner ,Manning Services Manager -( i ~,, Attachments: 1. Continuance Request 12/04/?ppi 00:04 Fel.S 001 l~t:$8C;(1 HT6eI1g ~O. 1 o n GROUP Pubtlc Attarts • LanU Use LAw December 4, 2007 i<mberly Wong Assistant Planner City of Anaheim Planning Department Subject: Requestfor continuance -'RCL2007-00213, CUP No. 2007-0SZ68,1?M No.17164and MIS No. 2007-00226 Dear Ms. Wring, Sheldon Group has been retained by Mr. Desai to assist 1n the entitlement process for the above- referenced zoning actions. As you know, Mr. Desai has been in the planning process with the City of Anaheim for over a year. Based on information received from the Public Works Department late last week regarding the design of the private access/street, we have been told that we need to seek a continuance or risk getting a recommendation for denial. Our client has a significant amount of time and money invested in architectural and engineering plans and would like to resolve the private street issue with staff. We are currently reviewing the revised Public Works memo and plan to meet with City staff soon. Therefore, please accept this letter as a formal requesttor continuance to the Planning Commission meeting of January 7, 2008. As always, we look forward to working with you to resolve the issue with the Public Works Department, Sincerely, RM d RCL ]143-411) VPA 3]B9 VAR 3380 ~EANZA PL4IA PPPATMENTS ss ou N Conditional Use Permit No. 2000-04263 (Tracking No. CUP2007-05266) Requested By: LIVING STREAM MINISTRY 2441 West La Palma Avenue -Living Stream Ministry 1 ' ' aS] acuoozrtoon VPR 355bOC5 t3 An~xaoao5zaz e3 u ~/V N Subject Property Date: December 10, 2007 Scale: 1" = 300' Q.S. No. 24 toazt LA PAIMA AVENUE ~ Aerial Photo: JuW 2006 Conditional Use Permit No. 2000-04263 (Tracking No. CUP2007-05266) Requested By: LIVING STREAM MINISTRY 2441 West La Palma Avenue -Living Stream Ministry Subject Property Date: December 10, 2007 Scale: 1" = 300' Q.S. No. 24 ~ca2i I'T'EM IV®. 6 PLANI+IIIVG COMMISSION AGENDA REP®RT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.nel City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 10 2007 FROM: PLANNING SERVICES MANAGER SUBJECT: ' CONDITIONAL'USE PERMITNO.2000-04263 (TRACKING NO: CUP2007-05266) LOCATION: 2441 West La Palma Avenue APPLICANT/PROPERTYQWNER: The applicant is John Pester and the property owner is Living Stream Ministry. REOUESTi' The applicant requests approval to reinstate a conditional use permit to retain the previously-approved Living Stream Ministry temporary teleconferencing center and private conference/training center and to remove a'condition of approval pertaining to a timelimitation. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, determine that the previously-approved Negative Declaration serve as the appropriate environmental documentation, (b) By resolution, approve. an amendment to Conditional Use Permit No. 2000- 04263 and modify a condition of approval pertaining to a time limitation:' BACKGROUND: This 20-acre property is developed with bcommercal/industrial buildings. It is located within the Industrial (I) zone. The General Plan designates this property and surrounding properties for Industrial land uses and properties to the south across La Palma Avenue for Low Density Residential uses. A conditional use permit was approved in 2000 to permit a teleconferencing center and private conference/training center for a period of three yeazs. A time extension was subsequently. approved. in 2003 for an additional four yeazs, which expired on October 23,2007. In 2001, the applicant applied for and was granted an additional conditional use permit for a teleconferencing center at 1212 North Hubbell Way. The applicant intends to use the Hubbell teleconferencing center as a permanent facility and has submitted plans to the City for building permits. When the temporazy facility on La Palma Avenue was. granted a time extension in 2003, it was for four years, or until a Certificate of CONDITIONAL USE PERMIT NO. 2000-04263 December 10, 2007 Page 2 oft Occupancy was approved for the permanent Hubbell facility to ensure that two teleconferencing centers were not in operation at the same time.. PR®P®SAL: The applicant proposes to retain the teleconferencing center and private' conference/training center until construction is completed at the Hubbell facility. A condition,of approval for the permit states that it expires on October 23, 2007, or upon issuance of a? permanent Certificate of Occupancy from the Building Division for the Hubbell'facility; whichever occurs first. The applicant has requested the deletion of the time limitation; however;. the applicant has also indicated that he does not intend to operate both facilities at the same time. Please refer to the project summary chart attached to the staff reportfor project details. ANALYSIS: Since approval in 2000, the teleconferencing center has operated in conformance with the permit. and conditions of approval: Code requires findings for the. approval of a reinstatement and deletion of a time limitafion. The fmdings relate to condition compliance and safe operation. A recent inspection by staff indicates that this facility is currently operating in compliance with a1T conditions of approval; therefore,: staff supports reinstating the permit. However, since the analysis of the permanent facility. on Hubbell Way assumes that the La Palma Avenue facility would be closed, staff recommends that the condition of approval setting a time limitation for this permit be amended to require the permit to expire.. six months after the teleconferencing center at 1212 N. Hubbell Way is operational. A period of six months would allow time for the'applicant to relocate the teleconferencing center from the La Palma site to the Hubbell site. This would ensure that only one facility would be operating at the same time.. Respectfully submitted, " Co~tcurred by ~ ~ Principal Planner ,Planning Services Manager ~_ Attachments: ,~ '' 1. Project Summary .,, 2. Justification of Reinstatement. 3. `Draft Resolution 4. Prior Resolution The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 5. Site Photographs. 6. "Planning'' Commission Staff Reporf (June 16, 2003) 7. Planning Commission Minutes (June 16; 2003)' A'I'TAC NT' IV®. 1 PR®.~C'T S Y CUP2007-05266 YDevelo meat Standard.- Pro osed Pro"ect I zone standards Site Area 20 acres N/A Building and Landscape Adjacent to: Feet Feet Setbacks La Palma Ave. 420 50 (145 landscaped) 5 Freeway 75 (5 landscaped)* 2~ {151andscaped) Interior property 25 to 85 None lines Building Height Approximately 75 100 Re uirements existing legal noncontbrming setback established when the property was originally constructed. PETITIONER'S STATEMENT ATTAC~IMENT NO. 2 JUSTIFICATION FOR REINSTATEMENT Section 16.60.180 of the Anaheim Municipal Code requires that requests for reinstatements or renewals of a time- limited permit shall be made in writing no later than six {6) months after the expiration date of the. permit sought to be reinstated or renewed and. must be accompanied by an application form and the required filing fee. 1. In order to reinstate or renew a permit, the facts necessary to support each and every finding for the original approval of the entitlement as set forth in the following. excerpts from the Anaheim Zoning. Code still. exist: 18.66.060 (Relative to Conditional Use Permits) 'before the approval authority, or City Council on appeal, may approve a conditional use permit,. it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions is required: .031 That the proposed use is .properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); .032 Thai the proposed use will. not adversely affect the adjoining land uses or the growth and development of the area in which ft is, proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or td health and safety; .034 That the traffic generated. by the proposed use will not impose an undue burden upon the. streets and highways designed. and improved. to carry the traffic in the area; and .035 That the granting of the conditional use permit under the. conditions imposed, if any, will. not be detrimental to the health and. safety of the citizens of the City of Anaheim. 18.74.060 (Relative to Variances) Before any variance maybe granted by the approval authority, or City Council on appeal, It shall. be shown: .020,1 That there are special circumstances applicable to the. property, including size, shape, topography, location or surroundings,. which do notapply to other property under identical. zoning, classification. in the vicinity; .0202 That, because of special. circumstances shown in .0201, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification. in the. vicinity, 2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved; 3. Said permit or variance. is being. exercised in a manner not detrimental to the particular area and. surrounding. land uses, nor to the puhlic peace,. health, safety and gerieral welfare;. and 4. With regard only to any deletion of. a time limitation, such deletion is appropriate because it has. been demonstrated that the use has. operated in a manner that is appropriate in the underlying zone. and. the surrounding area and that the periodic review of the use in no longer necessary and/or that it can. be determined that, due to changed. circumstances, the use is consistent with the City's long-term plans for the area In order to determine if such. findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach. additional sheets if additional space is needed.. 1. Has any physical aspect of the property for which this use permit or variance been granted. changed significantly since the issuance of this use permit or variance? Yes0No0 Explain: (over) CASE N0. 2. Flave the land uses in the immediate vicinity changed since the issuance of this use permit or variance? Yes ^ No x^ Explain: 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? Yes ^ No X^ 4. Are the conditions of approval pertaining fo the. use permit or variance being compl(ed with? Yes^ No ^ 5. If you are requesting a deleticn of the time limitation,. is this deletion necessary for the. continued. operation of this use or variance? Yes® No ^. . Explain: See attached letter. The applicant for this request is; ^ Property Owner QAuthorized Agent ,lohn Pester Name.. of Property Owner or Authorized Agent (Please Print) S nature of Pr ert Owner or Authorized A ent 9 P Y 9 10/15/07 Date. Reinstatement aoplication.doc Revisetl 9113/04 Liming Stream Ministry 2431 W. La Palmp Ave. /Anaheim, CA 92$01 P.Q. Box 2121 /Anaheim, CA 92814 / U.S.A. 10{15/2007 Planning Department City of Anaheim:. 200 S, Anaheim Blvd. Anaheim, CA 92805 Re: Reinstaternent/Renewal of CUP 2003-04709 Dear Planning Staff, Fax:. 765-5280 On behalf ofIdvirig Stream 1t~finistrv,,T.zvnuld-like to request, a renstatem,~zlt/renewal of CUI' 2003-047U9 Currently, this:ter~ipgrary CUP curreixtiy has tryvo provisions vrliich trigger `its. expiration, either: 1) {let, 23,..2007 or 2) the issuance of a permanent- Certficate o£:.Oeeup_n,cy from the Building Division t'or a permanent facility ; at 1L~12 Tlorth FTubt-ill Wayy=vlhichever occurs first. Our initial set of }iuildng plans, Bl~D 2001-t3,Q'r.'r?2~},~fai~'t~-i~ 12123~1orth E3ubbell Way facility have been subinitte+3 Anil revise-;iGd by the Pity and a fill set of corrections =iaas submitter3 on :20/12/.n00 7. It i~s`aur expectation that a building permit. will lac issued in the nmas fixture, and.then construction will proceed qz an 181;0 $'~• month timelirxe: A rr;newal; of:tliis t;UP, retaiining provision 110. 2, while delptingthe tirrie reiytriction will.maintain the temporary natui~e~oftkie '' current CiTP and .allow us to candnct irain%ngs at the temporary facility aS. we proceed wtTitlie cnnstruction of the permanent facility, Sincerely, ~~ John Pester Living Stream 1VIinistry CUP NO 20DD - 01,. 2"6 3 [DRAFT] ATTACHMENT N0.3 RESOLUTION NO. PC2007- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO.2000-04263 (TRACKING NO. CUP2007-05266), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2000-118, ADOPTED THEREWITH (2441 WEST LA PALMA AVENUE) WHEREAS, on October 23, 2000, the Anaheim Planning Commission adopted Resolution No. PC2000-118 in connection with Conditional Use Permit No. 2000-04263 to permit a teleconferencing center and private conference/training center with waiver of minimum number of pazking spaces located at 2441 West La Palma Avenue; and WHEREAS, on June 16, 2003, the Anaheim Planning Commission adopted Resolution No. PC2003-86 in connection with Conditional Use Permit No. 2000-04263 to reinstate a teleconferencing center and private conference/training center with waiver of minimum number of parking spaces located at 2441 West La Palma Avenue; and approval: WHEREAS, said Resolution No. PC2003-86 includes the following condition of "1. That subject Conditional Use Permit No. 2000-04263 shall expire on October 23, 2007, or upon issuance of a permanent Certificate of Occupancy from the Building Division for a permanent facility to be located at 1212 North Hubbell Way, whichever occurs first." WHEREAS, this property is currently developed with anindustrial/office campus and teleconferencing center and private conference/training center, the underlying zoning is I (Industrial) and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to reinstate apreviously-approved teleconferencing center and private conference/training center and to remove the time limitation pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007; at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1: That the proposed reinstatement of this permit and the modification or deletion of conditions of approval pertaining to a time limitation to reinstate apreviously-approved teleconferencing center and private conference/training center is properly one for which a conditional PC2007- use permit is authorized under Code Section 18.10.030.040.0402 (Educational Institutions -Business) and Section 18.60.180 (Reinstatement of atime-limited permit) of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the use permit has been operated in substantially the same manner as originally approved by the Planning Commission. 3. That the Code Enforcement Division indicates that no complaints have been received regarding the operation of this business, the conditions of approval have been complied with and the property is being properly maintained. 4. That the facts necessary to support each and every required showing for the original approval of the entitlement exist. 5. That the traffic generated by the use has not imposed an undue burden upon the streets and highways designed and improved to carry the traffic in the azea. 6. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 7. That *** indicated their presence at the public hearing in opposition; and that *** correspondence was received in opposition to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2000-04263 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 2000- 04263 to reinstate teleconferencing center and private conference/training center with waiver of minimum number of parking spaces. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does herby amend the conditions of approval in their entirety, of Resolution No. PC2003-86, adopted in connection with Conditional Use Permit No. 2000-04263 to read as follows: Responsible for COA Conditions of Approval Monitoring GENERAL ` e' r f r d5 ~. M G ~'~tt^~'JY.p 'y'~` 4v F Yu~^ Yn ~ ~~ rr ~~ ,~''~~'~~w ~"~ u ti ~ ~' ~ ~ ~ e.~"+' ~ ~ c 4 ~t 9 ~f : ~ ~ 5 ~i' ~p - ,k S ~~~ + 1 y ~~ ~,~~a~~ ~ x~~ x+ :, ~y y ~`af ~'~'i de- S. ~ ~ enc c''I ~ s^-~ ~ Q a~ 1~ „P 5 ~ '" '~ - q '.f. 3 ~ y~ ~ ~~ ~~ `a . . . s ~ a-.~ s ~.. .u ue-~ i5„ ., h. . r.,_s ~ a..n . s r The subject Conditional Use Permit No. 2000-04263 shall COA 1 expire six (6) months from the date that the teleconferencing Planning center at 1212 North Hubbell Way is operational. -2- PC2007- Responsible for COA Conditions of Approval Monitoring The applicant shall maintain a dedicated westbound right-tum COA 2 lane on La Palma Avenue at Gilbert Street. Planning No church activities shall be permitted unless a sepazate COA 3 conditional use permit is approved by the Planning Planning Commission. The property shall be permanently maintained in an orderly COA 4 fashion by providing regulaz landscape maintenance, removal of plannin g trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. Any tree and/or landscaping planted on-site shall be replaced COA 5 in a timely manner in the event that it is removed, damaged, Planning diseased and/or dead. No required pazking area shall be fenced or otherwise enclosed COA 6 for outdoor storage uses. Planning The landscape planters shall be permanently maintained with COA 7 live and healthy plant materials. Planning This project shall maintain adequate passenger loading and COA 8 unloading azeas acceptable to the City Traffic and. Public Works Transportation Manager. The applicant shall be responsible for paying the full cost COA 9 associated with the use of any Police Department and/or police Traffic Management Center staff that may be needed for traffic control purposes. This facility shall be limited to the following operational chazacteristics: (a) The public teleconferencing shall be limited to a maximum of one thousand five hundred (1,500) persons to ensure adequate parking for all businesses on-site. The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. COA 10 Planning (b) The private conferencing/training center shall be limited to a maximum of four thousand (4,000) persons. The facility may be utilized for this u ose -3- PC2007- Responsible for COA Conditions of Approval Monitoring for a maximum of twenty one (21) days per yeaz, including two (2), six {6) day conferences during winter and summer vacation. The hours of operation shall be limited to 2:00 p.m. to 10:00 p:m. Monday through Saturday for the two (2) bi-annual conferences; and 2:00 p.m. to 10:00 p.m., Saturday and Sunday, for the remaining conference/training dates. The pazking lot serving the premises shall be equipped and maintained with decorative lighting of sufficient power to illuminate and make easily discernable the appeazance and COA 11 conduct of all person on or about the parking lot. Said lighting Police shall be directed, positioned and shielded in such a manner so as not tp unreasonably illuminate the window azeas of nearby residences. The applicant shall make every effort to coordinate activities COA 12 ~'~~ the Sa Rang Presbyterian Church at 1111 North planning Brookhurst Street to schedule lazge events at separate times to ensure adequate circulation on the surrounding public streets. An on-site pedestrian circulation plan shall be provided and maintained to the satisfaction of the Planning and Public COA 13 Works Departments. Said plan shall indicate all pedestrian Planning paths of travel from the pazkng azeas to the teleconference/training center. Every element of the approved event traffic management plans COA 14 shall be continuously implemented on the property to ensure Planning efficient and safe ingress and egress of traffic during events. Evening traffic (i.e., after 5:00 p.m.) departing the site shall be COA 15 prohibited from using Gilbert Street south of La Palma Planning Avenue. This facility shall only used for teleconferencing, conferences COA 16 and training activities. Planning Subject property shall be developed and maintained substantially in accordance with plans and specifications COA 17 submitted to the City of Anaheim by the petitioner and which planning plans aze on file with the Planning Department marked Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2 and 3; and -4- PC2007- Responsible for COA Conditions of Approval Monitoring as conditioned herein. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies COA 18 the original intent and purpose of the condition(s), (ii) the Planning modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated signifrcant progress toward establishment of the use or approved development. That extensions for further time to complete conditions of COA 19 approval may be granted in accordance with Section 18.60.170 Planning of the Anaheim Municipal Code. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the COA 20 Anaheim Municipal Zoning Code and any other applicable Planning City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within I S days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: -5- PC2007- SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 10, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS;.. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2002 SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007- ATTACHMENT NO. 4 RESOLUTION NO. PC2003-86 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2000-04263 FOR FOUR (4) YEARS UNTIL OCTOBER 23, 2007, AND AMENDING CERTAIN CONDITIONS OF APPROVAL ADOPTED THEREWITH WHEREAS, on October 23, 2000, the Anaheim City Planning Commission did., by its Resolution No. 2000-0118, grant Conditional Use Permit No. 2000-04263 to permit a teleconferencing center and private conference/training center at 2441 West La Palma Avenue with waiver of minimum number of parking spaces (1,985 spaces required, 1,488 spaces approved) for a period of three years until October 23, 2003; and that said Resolution includes the following contlltlons ofapproval: 1. That the petitioner shall pay the full cost for installation of protected easUwest left tum signal phasing al La Palma Avehue and Gilbert Street: Prior to installation of tfie teft tum phasing, the petitioner shall provide for the use, and pay the fullcost associated therewith, of Police Department and/or Traffic Management staff to ensure the orderly Ingress/egress of traffic from La Palma Avenue: That within a period of six (6) months from the date of this resolution, installation of the east/wesf signal phasing shalt be completed and operational 22: That subject use permit shall expire three (3) years from the date of this resolution, on October 23, 2003. WHEREAS, this property is developed with a mixed use industrial/office campus with a total of six (6) buildings having a cumulative floor area of 414,992 square feet including the teleconferencing center and private conference/training center, that the zoning. is ML (Limited Ihdostriap; that the Anaheim General Plan designates this property for General IndusVial land uses; and that the properly is located within the West Anaheim Commercial Corridors Redevelopment Project Area; and WHEREAS, the petitioner has requested reinstatement of this Conditional Use Permit to retain the teleconferencing center and private conference/training center with waiver of minimum number of parking spaces pursuant to Code Section 16.03.093 ofthe Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 16, 2003, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed reinstatement and to investigate and make findings and recommendations in connection therewithh; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That, as proposed to be reinstated, the training center use is properly one for which a conditional use permit is authorized by the Zoning Code and the teleconferencing center and private conference center are uses which are not listed in the Zoning Code as being permitted uses. 2. ' That the uses', as proposed to be reinstated, will not adversely affect adjoining land uses and the growth and development of the area in which they are located. 3. That the size and shape of the site for the proposal is adequate to allow full development of the uses in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. cr>,PC2003-086.doc -1- PC2003-86 4. That the traffic generated by the uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and sOpulations originally approved by the Planning Commission. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondehce was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to retain a temporary teleconferencing center and private conference/training center within waiver of minimum number of parking spaces at 2441 West La Palma Avenue oh properly cohsieting ofah irregularly-shaped 27.9-acre property located at the northwest comer of La Palma Avenue and Gilbert Street, with frontages of 780 feet on the north side of La Palma Avenue and 830 feet'oh the west side of Gilbert Street, and further described as 2441 West La Palma Avenue; and does heretiy find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 20D0-4263 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declarafiah refleGs the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial study and any comments received that there is no substantial evidence that the projeG will have a signiflcani effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. 2000-1.113, adopted in connection with Conditional Use Permit No. 2000-- 04263, to reinstate this Conditional Use Permri for four years until October 23, 2007; and BE IT FURTHER RESOLVED that the conditions of approval are hereby amended in their entirety to read as follows: 1. That subject Condifional Use Permit No. 2000-04283 shall expire on October 23, 2007, or upon... issuance of a permanent Certificate of Occupancy from the Building Division for a pernanenl facility to be located at 1212 North Hubbell Way, whichever occurs first 2. That the petitioner shall maintain a dedicated westbound right-tum lane on La Palma Avenue at Gilbert Street 3. That no church ac8vlties shall be permitted unless a separate conditional use partni3is approved by the Planning Commission. 4. That no required parking area shall be fenced or otherwise enGosed for storage or other outdoor uses. 5. That no'compact' or'small car' parking spaces shall be permitted. 6. That an on-site trash truck tum-around area shall be maintained in accordance with r Engineering Standard Detail No. 610 and as required by the Maintenance Division of the Public Works Department 7. That this project shall maintain adequate passenger loading and unloading areas acceptable to the -City Traffic and Transporta0on Manager.... -2- PC2003-86 e. That the property shall be maintained in conformance with plans approved by the City Traffic and Transportation Manager pertaining to Engineering Standard No. 137 concerning sight distance visibility for any future sign and/or fence locations. 9. That the pettioner shall be responsible far paying the full cost associated with the use of any Police Department and/or Traffic Management Center staff who may be needed for traffic control purposes. 10. That this facility shall be limited to the following operational characteristics: (a) The public teleconferencing shall be limited to a maximum of one thousand five hundred (1,500) persons to ensure adequate parking for all businesses on-site. The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday... (b) The private conferencing/training center shall be limited to a maximum of four thousand (4,000) persons. The facility maybe utilized for this purpose for a maximum of twenty one (21) days per year, Including two (2), six (6) day ,conferences during winter and summer vacation. The hours of operation shall beJimifed to 2:00 p:m. to 10:00 p.m. Monday through Saturday for the two (2) bi-annual conferences; and 2:00 p.m. to 10:00 p.m., Saturday and Sunday, for the remaining conference/trainng dates.... 11. That the parking lot serving the premises shall be equipped and maintained with decorative lighting of sufficient power to Illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. Sold lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably Illuminate the window areas of nearby residences. 12. That the petitioner shall make Query effort to coordinate activities with the Sa Rang Presbyterian Church at 1111 North Brookhurst Street (approved in connection with Conditional Use Permit No. 3954) to schedule large events at separate times to ensure adequate circulation on the surrounding public streets. 13. That an on-site pedestrian circulation plan shall be provided and maintained to the satisfaction of the Zoning and Traffic Engineering Divisions. Said plan shall indicate all pedestrian paths of travel from the parking areas to the teleconference/training center. 14. That every element of the approved event traffic management plan shall be continuously :implemented on the property to ensure efficient and safe ingress and egress of traffic dudng events. 15. That evening traffic (i.e., after 5:00 p.m.) departing the site shall be prohibited from using Gilbert Street south of La Palma Avenue. 16. That the property shall be permanently maintained in an ordedy fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurcence. 17. That this facility shall only be used for teleconferencing, conferences and training activities. 18. (a) That the petitioner shall pay the full cost for Instaila0on of protected easUwest left turn signal phasing at Gilbert Street and La Palma Avenue. (b) That prior to installatioh of the left turn signal phasing, the petitioner shall provide for the use, and pay the full cost associated therewith, of Police Department and/or Traffic Management staff to ensure the orderly ingress and egress of traffic on La Palma Avenue. (c) That Installafion of the easVwest left turn signal phasing shall be completed and operational within thirty (30) days from the date of this resolution. -3- PC2003-B6 19. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 and 3; and as conditioned herein. _. 20. That within thirty (30) days from the date of this resolution, Condition No. 18, above-mentioned., shall be complied with. 21. That approval of this application constitutes approval of the proposed request only to the extent that It complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations: Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set farlh. Should any such condition, or any part thereof, be declared invalid ar 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 June 16, 2003. tOri~iFftiil ttignN Dy PatIJ Boat~ick) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: lOrig'mal stgnetl by Okla Etimun6sotJ SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CfTY OF ANAHEIM ) I, Osbelia Edmundson, Support Supervisor of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 16, 2003, by the Following vote of the members thereof: AYES: COMMISSIONERS: BOSTINICK, EASTMAN, KOOS, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANI`: COMMISSIONERS: ONE POSITION IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2003. It)ri~inal aitno8 by a Edmnndsonl SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION ~- PC2003-86 Item No. 7 Subsequent EIR No. 334 Date: December 10, 2007 General Plan Amendment No. 2007-00454 Reclassification No. 2007-00196 Zoning Code Amendment No. 2007-00056 Miscellaneous Case Nos. 2007-00188, 2007-00203, 2007-00218 Requested By: CITY OF ANAHEIM The Platinum Triangle 243&43 ITEM NO. 7 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 10, 2007 : FROM: PLANNING SERVICES MANAGER SUBJECT: 'THE PLATINUM TRIANGLE EXPANSION PROJECT LOCATION:' The Platinum Triangle -approximately 820-acres, generally located east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison'easement and north ofthe Anaheim City limit. APPLICANT: These applications were initiated by the City Council REQUEST: The Platinum Triangle Expansion Project is proposed to increase the - = amountofresidential;'commercial,-office and institutional development permitted within The Platinum Triangle. RECOMMENDATION: 5taffrecommends that the Commission take the following actions: (a) Byresolution, certify Subsequent Environmental Impact Report No.2006-00334, including adoption of a Statement of Findings of Fact; a Statement of Overriding Considerations, Mitigation Monitoring Program No. 106B and the Platinum Triangle Water Supply Assessment (Miscellaneous Case Not'2007-00218): . (b) Byresolution, recommend that the City Council approve General Plan Amendment No. 2007-00454. (c) Byresolution, recommend that the City Council approve Zoning Code Amendment No: 2007-00056. (d) Byresolntion, approve Zoning Reclassification No:' 2007-00196.- (e) Byresolution, recommend that the City Council approve Miscellaneous Case No: 2007-00188'to amend The Platinom Triangle Master Land Use Plan. (f) By motion, recommend that the City Council approve Miscellaneous Case No. 2007-00203 to amend The Platinum Triangle Standardized Development Agreement forma 200 5. Anaheim Blvd. (g) By mOtlOn, request City Council review of the Commission's decisions onItems Suite #162 Ananefm, cA SZfios °(a), (c)and (d). :: ',. Tel: (714) 765-5139 Fax: (714)765-5280 www.anaheim.net THE PLATINUM TRIANGLE EXPANSION PROJECT December 10,.2007 Page 2 of 3 BACKGROUND: On August 17, 2004, the City Council approved the Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use (PTMU) Overlay Zone and the Platinum Triangle Standardized Development Agreement Form to carryout the goals and policies of the General Plan for The Platinum Triangle. These documents serve'as the framework and governing documents for future development and infrastructure improvements in The Platinum Triangle. Since the adoption of these documents,. development proposals have exceeded the intensity of development allocated for these properties, 7esulting in several amendments. These amendments have' been necessary to continue the'orderly development of The Platinum Triangle and have resulted in increases in development intensity and modifications to the boundaries of the mixed use and office areas within The Platinum Triangle. In addition, there aze three pending development proposals which exceed the available intensity by over 1,300 residential units, 112,000 squaze feet'of commercial uses and 192,000 square feefof office uses. One of these is projects is the proposed Platinum Vista project scheduled for review on this agenda. PROPOSAL AND ANALYSIS: On February 13, 2007, the City Council initiated the proposed project in order to evaluate the potential for increasing the development opportunities in The Platinum Triangle. The proposed project. would' increase the permitted amount of residential, commercial, office and institutional development in The Platinum Triangle as follows: '; Land Use Adopted Proposed Difference Residential Units' 10,266 18,363 8,097 Commercial Squaze Feet 2,264,400 5,657,847 3,393,447 Office Squaze Feet 5,055,550 16,819,015 11,763,465 : Institutional Square Feet '' 0 1,500,000 1;500,000 The proposed project would also expand the General Plan Mixed Use land use designation within The Platinum Triangle and create three new districts and expand an existing mixed use district within PTMU Overlay Zone. The proposed project also includes technical refinements and clarifications to the documents that govern and regulate development within The Platinum Triangle (General Plan, Platinum Triangle Master Land Use Plan, PTMU Overlay Zone, and the Platinum Triangle Standardized Development Agreement Form). A detailed description of the , proposed project and project analysis is included as'Attachment L The proposed project would facilitate pending and proposed development, including future development of the Stadium Property and the Anaheim Regional Transportation Intermodal Center (ARTIC). Development that has been entitled,under the current permitted land use intensities and development opportunities that. will become. available if the proposed project is approved aze shown on Attachment 2. An Environmental Impact Report has been prepazed to evaluate the impacts of the project and to identify necessary infrastructure improvements. Additional facilities needed to support the proposed project include an additional fire station, an electrical substation, a libraryand a water well. Additional improvements to water, electrical, storm drain, sewer, streets and freeway facilities aze also needed. These improvements will be funded primarily through developer fees or a Community Facilities District for The Platinum Triangle, if approved. THE PLATINUM TRIANGLE EXPANSION PROJECT December 1Q, 2007 Page 3 of 3 The City Council is scheduled to consider this project on December 11, 2007. Staff will be providing a summary of the Commission's actions as part of the presentation to the City Council on this item. - CONCLUSION: The proposed project furthers the goals and policies of the General Plan and is necessary to continue the orderly development of The Platinum Triangle. Therefore, sta€f recommends approval of this request, Respectfully submmitted, Principal Planner anager Attachments• 1. Description of Proposed Actions 2. Existing and Proposed Development Opportunities 3. Draft Planning Commission Resolution-EIR.2006-00334 4. Draft Planning Commission Resolution-GPA2007-00454 5. Draft Planning Commission Resolution-ZCA2007-00056 6, Draft Planning Commission Resolution-RCL2007-00196 7. Draft Planning Commission Resolution-MIS2007-00188 (PTMLUP) S, Location Map 9. Aerial Map The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 10. Draft Recirculated Subsequent Environmental Impact Report - E1R2006-00334 (provided to Planning Commission on October 15, 2007) 11. Response to Comments-EIR2006-00334 12. Finding of Fact and Statement of Overriding Considerations-EIR2006-00334 13. Platinum Triangle Standardized Development Agreement Form ATTACHMENT NO. 1 Platinum Trianele Expansion Proiect Description of Proposed Actions The Following proposed actions are requested in order to increase the allowable development opportunities in The Platinum Triangle for residential, commercial, office and institutional land uses: General Plan Amendment: The Platinum Triangle Expansion Project includes amendments to the General Plan to: (a) Amend the Land Use Element (Figure LU-4: Land Use Plan) to: a. Redesignate approximately 67 acres from the Office High land use designation to the Mixed Use designation; b. Redesignate approximately 126 acres from the Office High and Office Low land use designations to the Mixed Use designation; and c. Redesignate approximately 17 acres from the Institutional land use designation to the Mixed Use designation. (b) Amend the Land Use Element (Table LU-4: General Plan Density Provisions for Specific. Areas of the City) to: a. Increase the permitted development intensities in The Platinum Triangle; b. Remove the FAR (Floor Area Ratio) requirement for Mixed Uses and Office Uses in The Platinum Triangle since the maximum intensities for these uses are identified in the General Plan and The Platinum Triangle Master Land Use Plan; and c. Allow conversion between land use types provided that the conversion is within the parameters of SEIR No. 334. (c) Amend the Circulation Element (Figure C-1: Planned Roadway Network) to modify the designations of streets within The Platinum Triangle: a. Katella Avenue between Manchester Avenue and Anaheim Way from 6 Lane Major Arterial to 8 Lane Stadium Smartstreet; b. Douglass Road between Katella Avenue and the SR-57 undercrossing from Interior Street to 6 Lane Primary Arterial; c. Rampart Street between Orangewood Avenue and the South City Limits adjacent to the City of Orange from Interior Street to Secondary Arterial; d. West Dupont Drive between Orangewood Avenue and South Dupont Drive from Interior Street to Collector Street; e. South Dupont Drive between West Dupont Drive and West Towne Centre Place from Interior Street to Collector Street; and f. South Towne Centre Place between West Towne Centre Place and Rampart Street. from Interior Street to Secondary Arterial. (d) Amend the Circulation Element (Figure C-5: Existing and Proposed Bicycle Facilities) to: a. Extend the Class II Bikeway on Orangewood Avenue from east of State College Boulevard to West Dupont Drive and b. Add the Class II Bikeway to West Dupont Drive, South Dupont Drive and West Towne Centre Place to Rampart Street. (e) Amend the Green Element (Figure G-1: Green Plan) to reflect the proposed Class II Bikeways. (f) Amend the Public Services and Facilities Element (Figure PSF-1: Fire and Police Facilities Map) to indicate the three Fire Stations planned for The Platinum Triangle, The proposed amendments would modify the boundaries of the Mixed Use, Office and Institutional land uses as shown on the exhibit on the following page. It would also provide for increased development opportunities in Mixed Use and Office areas. It additionally would permit residential, commercial and office uses in the Mixed Use designation to be converted from one type of use to another provided that the conversion has the same infrastructure impacts. For example, office square footage could be converted to dwelling units or commercial square footage. This would allow greater flexibility in reviewing development proposals. The Floor Area Ratio for Mixed Use areas and Office areas is also proposed to be removed since the maximum development intensities for these areas are more specifically identified in The Platinum Triangle Master Land Use Plan: The proposed amendments to the Circulation, Green and Public Services and Facilities Elements reflect infrastructure and facility improvements needed to accommodate the proposed project. Platinum Triangle Master Land Use Plan Amendments: The Platinum Triangle Expansion Project includes amendments to the Platinum Triangle Master Land Use Plan to: (a) Reflect the proposed General Plan amendments; {b) Adjust the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone to create the Orangewood, ARTIC and Office Districts and expand the Katella District; (c) Replace Updated and Modified Mitigation Monitoring Program No. 106A with Updated and Modified Mitigation Monitoring Program No. ] 06B, and, (d) Reflect technical refinements and clarifications including, but not limited to, refinements to street cross-sections, density descriptions and exhibits. The proposed amendments would provide consistency with the General Plan amendments described above. An exhibit showing the proposed District boundary adjustments is provided on °" the following page. The new Orangewood District and the expanded Katella District would provide for additional mixed use opportunities, including accommodating the three pending development applications. The proposed ARTIC District would accommodate up to 2,952,803 square feet of office uses, 358,000 square feet of commercial uses and 1,500,000 square feet of institutional uses which includes transportation facilities. This District is named for the proposed Anaheim Regional Intermodal Transportation Center. Additional amendments to the plan to incorporate the adopted mitigation monitoring program for the project and adjust exhibits throughout the document to reflect the proposed project are also requested. Platinum Triangle Mixed Use (PTMU) Overlay Zone Amendments: The Proposed Project includes amendments to Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code) to: (a) Reflect the proposed General Plan and Platinum Triangle Master Land Use Plan amendments; (b) Establish and create zoning standards for three new Platinum Triangle Mixed Use {PTMU) pverlay Districts (the Orangewood, ARTIC and Office Districts); (c) Modify zoning standards, including, but not limited to, temporary real estate signs, setbacks and parking structure requirements for hotels and offices, and development standards for the. Stadium and Arena Districts; and, (d) Require owners of property in the Office District of the Platinum Triangle Mixed Use (PTMU) Overlay Zone to enter into a development agreement with the City of Anaheim to implement permitted and conditionally permitted uses. The proposed amendments would provide consistency with the General Plan and Platinum Triangle Master Land Use Plan amendments described above. The amendments would also require owners of property desiring to develop under the PTMU Overlay, Office District requirements to enter into a standard form of a Development Agreement with the City. This Agreement is consistent with the standard form required for the Mixed Use Districts, with the exception that it is tailored to off ce development. Zoning Reclassification: The Proposed Project includes a Zoning Reclassification to: (a) Rescind City Council Resolution No. 2004-180, a resolution of intent to the O-H (Office High) and O-L (Office Low) Zones, that was approved in 2004 on approximately 193 acres in The Platinum Triangle (a resolution of intent is the first step in a zoning reclassification and does not change the property's existing zoning; to change the zoning, the resolution of intent must be finalized through the adoption of an ordinance); (b) Add the Platinum Triangle Mixed Use (PTMU) Overlay Zone to the above properties' existing zoning designations (i.e., the property may develop under their existing zoning or the Platinum Triangle Mixed Use (PTMU) Overlay Zone); and (c) Add the Platinum Triangle Mixed Use (PTMU) Overlay Zone to additional properties' existing zoning designations including an approximate 17 acre property located at 1750 and 1790 South Douglass Road (the proposed location for the Anaheim Regional Transportation. Intermodal Center). The proposed reclassifications would change the zoning on these properties consistent with the proposed Platinum Triangle amendments. This would result in all properties within the Mixed Use and Office Districts to be under the PTMU Overlay Zone. Platinum Triangle Standardized Development Agreement Form Amendments -The Proposed Project includes amendments to the Platinum Triangle Standardized Development Agreement Form to: (a) Provide editorial refinements and updated fees; and (b) Create a standardized Development Agreement form for Office District of the Platinum Triangle Mixed Use (PTMU) Overlay Zone. Updates to the Planning, Public Works and Library fees are proposed. The Planning and Public Works fees reflect the cost of preparing the environmental documentation and analysis for the proposed project. The fees would reimburse the City for these costs. The interim Librazy fee is proposed to increase from $149.73 to $486.77 per residential unit. The projected population for the adopted Master Land Use Plan is approximately 14,250. The population anticipated for the adopted Master Land Use Plan proposed project could result in a population of over 27,000 residents, resulting in a need for a library facility in The Platinum Triangle. The proposed interim Library fee reflects the cost of a 10,000 square foot space with parking at approximately $8,004;000. Copies of the Development Agreement forms have been provided to Planning Commission and are on file in the Planning Department. Environmental Documentation -Subsequent Environmental Impact Report No. 2006-00334 (SEIR No. 334) has been prepazed to serve as the primary environmental documentation for the Proposed Project. SEIR No. 334 will also be used for the environmental analysis for subsequent actions within The Platinum Triangle including, but not limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, development agreements and other related actions. SE1R No. 334 consists of the Draft Subsequent Environmental Impact Report (DSEIR) and the Response to Comments document. The DSEIR provides an analysis of the Proposed Project and a description of the anticipated related environmental impacts. DSEIR No. 2006-00334 was circulated fora 45-day public review period from July 12, 2007, to August 27, 2007. Comments were received during this review period from the City of Orange and Caltrans that necessitated additional traffic study and analysis. Once this analysis was concluded, the DSEIR was circulated for a second 45-day public review period from October 4, 2007 to November 19, 2007. The Response to Comments document includes the comment letters received on the DSEIR during the public review period, a response to each letter, revisions to the DSEIR and Mitigation Monitoring Plan No. 106B, which provides the timing and monitoring to implement the measures required to reduce the environmental impacts related to the Proposed Project. The DSEIR and the Response to Comments document have been provided to the Planning Commission and City Council and are on file in the Plamring Department and available on the City's website (www.anaheim.net). The proposed development intensities were determined through an infrastructure analysis of three different development scenarios: a baseline development intensity and two alternatives that increased the baseline development intensity incrementally. These development scenarios allowed the City to analyze the impacts of three variations in development within the infrastructure limitations of The Platinum Triangle. This analysis is included in the appendices for DSEIR No. 334. The Proposed Project is the "Stadium District Alternative 2" development scenario. The Proposed Project also allows development intensities to be transferred between land use types (i:e., commercial development intensity may be converted into residential development intensity), provided the conversion is within the parameters of the infrastructure capacities analyzed by SEII2 No. 334. In addition to the Proposed Project, per California Envirormlental Quality Act (CEQA) Guidelines, DSEIR No. 334 also evaluated a No Project/Existing PTMLUP Alternative, a Reduced Intensity Alternative and an Increased Residential Intensity Alternative; all Chree alternatives were found by the DSEIR to be less desirable than the Proposed Project. SEIR No. 334 indicates that the Proposed Project will have significant unavoidable adverse impacts. When significant unavoidable adverse impacts are identified by an Environmental Impact Report (EIR), Findings of Fact and a Statement of Overriding Considerations must be adopted in conjunction with the certification of the EIl2. A draft document which includes Findings of Fact and a Statement of Ovemding Considerations has been prepared for the project, provided to the Planning Commission and City Council and is on file in the Planning Department and available on the City's website (www.anaheim.net). This document includes findings for each of the significant impacts related to the Proposed Project, including air quality, land use, noise, population and housing and transportation and traffic, and the merits of approving the Proposed Project against the significant unavoidable adverse impacts. If the benefits of the project outweigh the unavoidable adverse effects, those effects maybe considered "acceptable" and the EIR may be certified. ~fla~i~ur~ Ta-Ya~~l~ General ~laa~ ~,ancfl iTs~ Existing P~ General Plan Designation //, Mixed Use ~rH, Office- Low Office -High J Industrial Institutional ._._-~ Open Space Lewis Street __=Realignment -~- Railroad General Plan Designation %/f Mixed Use Office -Low ~ Office -High Industrial ~~~=,i` Institutional _.._;~I Open Space Lewis Street _ _ =Realignment -~- Railroad N39 22 ~la~flnurn 'I'a-i~ng~e l~iixec~ iTse ®ver~~y Zone Mixed iJse I)~stricts Exisfing ®~Pu Proposed ~® ®°° ~" ' -~.;c , - - --_= Lewis Street --' _ MarketStreet ______= Connector Street The new Mixed Use boundaries include expansion of the Katella District and the addition of three new districts -Orangewood, ARTIC and Office. j' i ___= LewisSVeetRealignment 2<39 22 Platinum Triangle Mixed Use (P'TIdIiT) Overlay Zone 90 ' Prn OSefl DeVe10 ment lttten51tIC3 District Acres housing Units Office Scare Feet Commercial Square Feet Institutional S ware Feet Arena 41 425 100;000 100,000 0 ARTIC 17 0 2,952,803 358,000 1,500,000 Gateway 50 2,949, '681,250 132,000 'i 0 Gene Autry 33 2,362 219,200 236,700 0 Katella 141 5,68T 2,459,551', 746,147 < 0' Orangewood 35 1,771 1,402,855 130,000 0 Stadium ' 153 5,175`: 4,525,000 3,955,000 0; Total Mixed Use 470 18,363 12,340,659 5,657,847 1,500,000 Office 121 0 4,478,356 0 0" Total PTMU Overla 591 18,363 16,819,015 5,657,847 1,500,000 ATTACHIVYENT NO. 2 ExistinH And Proposed Development Opportunities su~ 4 iv ~ N ~~ ~ ~ of f o ~~ ~ ~ ~ n ® bA ~ Gd j °/ Uy ~= i ~ ° ® a ~ _ av ~ ~, ~ y v a ~ ~ ,~ ~ _ v .~ ~ ~ A ~~ -~ \ ~ ~ ~ ~~~ ~~ -~ cr \ -- _, ___1 _ I ~ 1- I~ ~~ ~ ~~ ~ ~~ ~ ~ ~~_ , e ~ :.i ~ ~ ;~ ~ ~, '~ i~ ~-~ ~ r ~7 ~ /~,, . ' ;~/ ~ ~„" e f ,,~ ~• , i ~~; ,~ ,~ _~~~_~ ~~ ( ~~~~~ ~ L i t= -.~ ~ ~ M1 / ~"wl ~~ (~ I ~ ~ 1 ~~ J ~~ ~ - ~ - -'r~ ~ __ ~i~~~i ~ o ---~ _ - - ~~ ~ •- /~ J ~ ~ ~(~ \e _ :, - 3I ILL~iI 1 f-,rl`'` r ,; 'IT~ L_ ---`\\'• d ~ f{f- llr ~j ~ TC~~ ~~.~ ,,;;~' ~~ ~ ~nm ~Trrnmirttn~i a ~1 ~~1J 1~/, V 1 f ~`~ ~ ~ ~r_u ~ it r~ ~ ~f i~r{~ rr ~ ~ f~ o I ~ y ~.~/' I ,i ; L j Liz ~ ~ rr n [n (_ ,, ,, 1 r ltII11LIJ r~.-~ ~ ~ .. ~II I~ i-(Ll I-iLLL1 C.t LJ ~1~1 I ~LCt1 - ~: ~- ~ ~' ~ ~ ~ -- = l 1 I a t,r~~,~i~,-~ ran ~ r,7rrrm rrr ° \ I (~RAF~'] ATTACHMENT N®. ~ RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION CERTIFYING AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY (i) FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2006-00334 -- (ii) FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS. (iii) UPDATED AND MODIFIED MITIGATION MONITORING PROGAM NO. 106B; AND (iv) THE WATER SUPPLY ASSESSMENT FOR THE PROJECT WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007-00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle {herein collectively referred to as the "Project"); and WHEREAS, the City of Anaheim is the lead agency for the preparation and consideration of environmental documents for said Project, as defined in the California Environmental Quality Act of 1470, as amended (hereinafter."CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (hereinafter "State Guidelines"); and WHEREAS, said Project is subject to compliance with CEQA and the State Guidelines since said Project required approval of the following proposed discretionary actions by the City of Anaheim: (i) General Plan Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007-00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006- 00334 (the "Draft SEIR"), pertaining to The Platinum Triangle, which actions shall hereinafter be collectively referred to as the "Discretionary Actions;" and WHEREAS, in conformance with the requirements of CEQA and State Guidelines, the City of Anaheim has prepared, or caused to be prepared, the Drag Subsequent Environmental Impact Report No. 2006-00334 ("Draft SEIR") and has consulted with other public agencies and the general public and given them an opportunity to comment on said Draft SEIIt as required by the provisions of CEQA and the State Guidelines; and WHEREAS, the City of Anaheim has evaluated the comments received from public agencies and persons who reviewed said Draft SEIR and has prepared responses to comments received during the public review period; and WHEREAS, in conformance with Section 15132 of the State Guidelines, said comments and recommendations received on the Draft SEIR, either verbatim or in summary; a list of persons, organizations and public agencies commenting on the Draft SElR; the responses -1- PC2007-*** of the City of Anaheim to significant points raised in the review and consultation process; revisions to the Draft SEIR and the Updated and Modified Mikigation Monitoring Program No. 106B, have been compiled in the Response to Comments document and together with the Draft SEIR comprise Final Subsequent Environmental Impact Report No. 2006-00334 ("Final SEIR") for said Project, a copy of which is on file with the Planning Department and incorporated herein by this reference as if set forth in full; and WHEREAS, in conformance with the requirements of CEQA and the State Guidelines, the City of Anaheim has prepared, or caused to be prepared, Findings of Fact and Statement of Overriding Considerations, relating to Final SEIIt; a copy of which is on fi]e in the Planning Department and incorporated herein by this reference as if set forth in full; and WHEREAS, the City of Anaheim desires and intends to use the Final SEIR as the environmental documentation required by CEQA and the State Guidelines for each of the above- referenced Discretionary Actions to the extent authorized by law; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Final SEIlt and the Discretionary Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Califomia Legislature enacted Senate Bi11610 (Water Code Section 10910) which mandates that the retail water utility must prepare a Water Supply Assessment (WSA) for any development project that (i) is subject to the California Environmental Quality Act (CEQA) and (ii) exceeds 500 residential units, or equivalent water demand for shopping centers, business establishments, and commercial developments; and WHEREAS, the proposed development Project is subject to CEQA and consists of over 500 residential units, or equivalent water demand for shopping centers, business establishments, and commercial developments; .and WHEREAS, a combined WSA; dated May 2007, has been prepared for the proposed Project and the Kaiser Permanente Medical Center (KPMC) Project in accordance with applicable sections of the Public Resources Code and California Water Code as referenced in Senate Bi11610 the Project; and WHEREAS, the WSA concludes that a sufficient water supply and reliability to the City, now and into the future, including a sufficient water supply for The Platinum Triangle with the proposed development intensification within the Project, as well as for the Kaiser Permanente Medica] Center Project; and WHEREAS, at its meeting on December 10, 2007, the Anaheim City Planning Commission did considered the proposed WSA and recommended that the City Council adopt the WSA. -2- PC2007-*** NOW, THEREFORE, BE IT RESOLVED by the Anaheim City Planning Commission that the Planning Commission, based upon its review of the Project, the Final SEIR and the Findings of Fact and Statement of Overriding Consideration, and having considered evidence presented at the public hearing on said Final SEIR and the Project, does hereby certify° Final SEIR and does recommend that the City Council, as lead agency for the Project, based upon its independent review of the Final SEIR, and unless additional or contrary information is received during the City Council's public hearing on the Project, certify the Final SEIR and adopt the Findings of Fact .and Statement of Overriding, a copy of each of which is on file with the Planning Department and which are incorporated herein by this reference as if set forth in full, and determine that said Final SEIR, fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for said Discretionary Actions. BE IF FURTHER RESOLVED that pursuant to Section 21081.6 of the Public Resources Code, the Planning Commission does hereby certify Updated and Modified Mitigation Monitoring Program No. 106B and does recommend that the City Council adopt that certain monitoring program described as the "Updated and Modified Mitigation Monitoring Program No. 106B" to mitigate or avoid significant effects on the environment to ensure compliance during project implementation, acopy ofwhich is on file with the Planning Department and which is incorporated herein by this reference as if set forth in full. BE IF FURTHER RESOLVED that the Water Supply Assessment (WSA) for the Project is hereby approved; and, it is further recommended that the WSA be approved and adopted by the City Council and ordered filed with the City Clerk. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary for the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 1 Q 2007, by the following vote of the members- thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of December, 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007-*** [IDRAFT~ ATTACHMENT N0.4 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPT GENERAL PLAN AMENDMENT NO. 2007-00454 PERTAINING TO THE ANAHEIM GENERAL PLAN (THE PLATINUM TRIANGLE) WHEREAS, the first Anaheim General Plan was adopted in 1963 and has been subsequently amended over the years as conditions warrant; and that the City Council adopted a comprehensive update to the General Plan on May 25, 2004; WHEREAS, the adopted General Plan envisions an area of the City of Anaheim known as The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of Interstate 5 and SR-57 Freeways in the City of Anaheim, County of Orange, State of Califomia, generally east of Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern Califomia Edison easement, and north of the Anaheim City limit area; and WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007-00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"),.pertaining to The Platinum Triangle (herein collectively referred to as the "Project"); and WHEREAS, General Plan Amendment No. 2007-00454 proposes to amend the Anaheim General Plan as follows: 1. Land Use Element (a) Amend "Figure LU-4: Land Use Plan" of the Land Use. Element of the General Plan as shown on Attachments "A-1" .and "A-2" attached hereto and incorporated herein by this reference. (b) Amend "Table LU-4: General Plan Density Provisions for Specific Areas of the City" of the Land Use Element of the General Plan as shown in Attachment "B" attached hereto and incorporated herein by this reference. -1- PC2007-*** 2. Circulation Element (a) Amend "Figure C-1: Planned Roadway Network" of the Circulation Element of the General Plan as shown on Attachments "C-1" and "C-2 ° and as further described in Attachment "C-3." attached hereto and incorporated herein by " ' this reference. (b) Amend "Figure C-5: Existing and Proposed Bicycle Facilities" of the Circulation Element of the General Plan as shown on Attachments "D-1" and "D-2" attached hereto and incorporated herein by this reference.. 3. Green Element (a) Amend "Figure G-1: Green Plan" of the Green Element of the General Plan as shown on Attachments "E-1"and "E-2" attached hereto and incorporated herein by this reference. 4. Public Services and Facilities Element (a) Amend "Figure PSF-1: Fire and Police Facilities Map" of the Public Services and Facilities Element of the General Plan as shown on Attachments "F-1" and "F-2" attached hereto and incorporated herein by this reference. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevazd, omDecember 10, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said Genera] Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY FIND: 1. That the evidence presented substantiates the need for the proposed amendments to the Anaheim General Plan as the proposed changes would result in additional development opportunities within the boundaries of The Platinum Triangle and provide appropriate street widths, consistent with the General Plan goals and policies for that area. 2. That the proposed amendments are consistent with the General Plan goals and policies. -2- PC2007-*** 3. That the proposed amendments maintain the internal consistency of the General Plan.. 4. That the proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 5. That the proposed amendments would maintain the balance of land uses within the City. 6. That the subject property proposed to be designated to new land uses, as depicted on Attachment A-2, is physically suitable to accommodate the proposed modification, including, but not limited to, access, physical constraints, topography, provision of utilities; and compatibility with surrounding land uses as said is intended for a mix of land uses. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposed amendment to the General Plan, designated as General Plan Amendment No. 2007-00454, and did find and determine and recommend, by its Resolution, that the City Council, based upon its independent review of Final Supplemental Environmental Impact Report No. 334 ("Final SEIR"), and unless additional or contrary information isaeceived during the City Council's public hearing on the Project, certify the Final SEIIt and adopt the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, a copy of each of which is on file with the Planning Department and which are incorporated herein by this reference as if set forth in full, and determine that said Final SEIR, together with the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for General Plan Amendment No. 2007-00454, and that no further environmental documentation need be prepared for said General Plan Amendment. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the Anaheim City Council adopt General Plan Amendment No. 2007-00454, as described above. -3- PC2007-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 2007. Said resolution is subject to the appeal provisions set Forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal CHAIItMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary for the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 10, 2007, by the following vote of the members thereof:. AYES:.. COMMISSIONERS:... NOESi COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this _ day of December, 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007-*** is~oc~ enere~ ~e~a ~u~pa~~°e ~~®4 ~~ Use iow oee~~ o~3~Pi~1 Loly High Di ~. Mixed-Use Industrial ~~ Instilutiorwl >?'. Open Space Parks Railroad ® In[ennod¢I Transpodmion Cenler ® Platinum Triangle Daandary _ ~ City boundary ~I ~~ p~~~'~~~] ~i ~~~~1~~~. City of Anaheim, CA City of Anaheim Planning Depatlmenl November 28, 2007 2439.33 H-Z c® s~ n~~~ O~~ ~~~~ se ~u~~a~~ ~~-4 loon OFtice District Low `~. High Dl' `~_ Mized-USc Industdal Institutional ii:~s~r:. Open Space ParAs Railroad Inicrmodal'I'ransportalicn CCNL`r Platinum Triangle acwdary ~.._..J City boundary Fl i1~t1 ~ ~ ~ ~ ~ ~ ~ ~ ~~/~ tl ~ ~ ~1 ~I~ ~ t~, City of Anaheim, CA e City of Anaheim Planning Department November 28, 2D07 Attachment B Proposed Amendments New wording is shown in bold, deletions are shown in3trikeE#roaQ#. TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Desi nations Permitted Densit The Mountain Park Low Medium Hillside Density 485 Area Residential (Up to 6 du/ac) 2,015 Low Medium Density Residential (Up to 2,500 dwelling units) (Up to 16 du/ac) Area „A~~ (Parcel Map Low-Medium Density Residential Up to 140 dwelling units 94-205) The Disneyland Resort Specific Plan Commercial Recreation See Note No. 1 on next page. SP92-1 Area The Anaheim ResortO Specific Commercial Recreation See Note No. 2 on next page. Plan SP92-2 Area Hotel Circle Specific Commercial Recreation The Hotel Circle Specific Plan allows for a Plan (SP93-1) Area master planned hotel project including up to 969 hotel rooms and integrated guest oriented amenities including full-service restaurants, conference room/banquet facilities, pool and spa areas, tour bus/shuttle facilities, and pedestrian promenades and plaza areas with comprehensive landscaping, The Platinum Mixed-Use Up to 48,266113,363 dwelling units at Triangle Area deasities up-fe 1S0-dwellingenits-perasre; up to;~26~08012,340,659 s.f. of office development at ~^~n^ °C^O~".^". 0; up to 1,5 0 0 , 0 00 s.f. of institutional uses and, ~ l ~t G A up to ~TV`Y~OOB5,657,847 s.f. of commercial development as further described in the Platinum Triangle Master Land Use Plan and Platinum Triangle Mixed Use Overlay Zone. Conversion of one land use type to another land use type is permitted subject to the requirements of the Platinum Triangle Master Land Use Plan. Office High and Office Low Up to 4-,983-584,478,356 s:F. of office develo ment The Stonegate Low Density Residential Up to 35 dwelling units Development Area V-"I es~on~ O~~~ ad~y e~ ®~ Fa~a~r~ C-~ ,aao The Roadway Network Resort Smartstreet - - 8 Lanes, Divided Stadium Area Smartstreet ®a 8 Lanes, Divided - - 6 Lanes, Divided MaiorArterial ®8 Lanes, Divided ®6 Lanes, Divided Primary Arterial 6 Lanes, Divided ®4 Lanes, Divided Seco ndarv Aderial 4 Lanes Collector Street 2 Lanes -f-+ Passenger and Commuter Rail ® Freeway Platinum Triangle Boundary G City Boundary ro~ D~ ~~~ ~~~~~~~~ ~~~~~~~~ CityglAnaheim Planning t)epartmenl ?~~ City of Anaheim, CA rJevemharze,zom 24J9-46 Affarhmant C:-~ rye I~~ned a a e ~ Figuc~e C-1 ~ooo The Roadway Network Resort Smartstreet ® 8 Lanes, Divided Stadium Area Smartstreet ®® 8 Lanes, Divided - ~ 6 Lanes, Divided Maior Arterial 8 Lanes, Divided ®6 Lanes, Divided Pdma rv Arteria I >_°.~ 6 Lanes, Divided ®4 Lanes, Divided Seco ndarv Arterial 4 Lanes Collector Stree[ ~ 2 Lanes ~-F Passenger and Commuter Rail ® Freeway Platinum Triangle Boundary City Boundary „,~~ City of Anaheim, CA ~r City of Anaheim Planning Oepartmeol November 29, 2007 Attachment C-3 Planued Roadway Network: Figure C-I Description of Proposed Amendments Proposed ?.mendments to the Circulation Element (Figure C-l: Planned Roadway Network) will modify the designations of streets within The Platinum Triangle as follows: Existing Proposed Street Location Designation Designation Katella Avenue behveen Manchester Avenue 6 Lane Major 8 Lane Stadium and Anaheim Way Arterial Smartsfreet Douglass Road behveen ICatella Avenue and Interior Street 6 Lane Primary the SR-57 undercrossing Arterial Rampart Street behveen Orangewood Avenue Interior Street Secondary Arterial and the South City Limits adjacent to the City of Orange West Dupont Drive between Orangewood Avenue Interior Street Collector Slreet and South Dupont Drive South Dupont Drive between West Dupont Drive Interior Street Collector Street and West Towne Cenfre Place Attachment D-1 0~~0~ ~CC~ F~Calot~s ~i~ure C-5 --~ : ~ I , , ~r . ~: ~ ;,, >, r . '•Y 1~ Ceei ba Ave "t ~ ~ , t, ~ ~- 4", ~ ~ ~ y a` ~ ... ~ y ~ Vi / p // x„; \ , Howell AVe //~~ I/~ 8 ~~ E ~ I 9 ~ KateAa Ave I ~I ~- , ~~ ^` Gano AU lry Way u ~~~ _ a 1 v ~7 J -_ c~'m Omn9owoatl Avo o sso WO ipao ~ ~] 2 a ` p e I FeN N,; - L € ,,r% qrs. Existing Class [Bikeway ... Proposed Top Priority .~..~ e Existing Bicycle Parking Existtng Class 11 Bikeway Class Ii Bikeway a Proposed Bicycle Parking - Existing Class III Bikeway ___ __ Proposed 2nd Priority ~~~ - - Existing Off Road Trail Class II Bikeway Pro osed 3rd Piori p ty ~ Transit Station --- -- Proposed Off Road Trail Class II Bikeway ~ Park-and-Ride ...... _ Proposed Top Priority ~ ... Gass I Bikeway ~ Proposed Top Priority ~ Ciass III Bikeway ~~ parks/Open Space Proposed 2nd Priority Proposed 2nd Priority ~ School Class I Bikeway Class III Bikeway ~ Platinum Triangle Boundary Proposed 3rd Priority Proposed 3rd Priority ,-.-..~ Class [Bikeway ""' Class [ll Bikeway I.._._..I City Boundary D I ~ ' ~ ~ ~ ~ ~ ~ ~ ~ ~ City of Anaheim, CA -+ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ Cily of Anaheim PNeve~mb ~z9a 20071 2439.32 Attarhmanh fl_~ !I ®~~~41 ' Vtl.s~ ~ ~s~ I~~~~ ~~g~a~e C-5 •~ ~ ~l , , Gorribs Avo ~\¢ ~ ~ ~' A 5~~ Howoll Avo / ~/ ~ /// O1 v'•i ~ I ` ' ~ I 8 41 '^ ~ \ y Nalella Ave /I, J ~- Gene AUVy Way -- --~L~I ~~ c 2 m ° v N 1 N . ; J s I __ ~ - \\\\ Gran9awaatl qve ~` o m a zsa wo iaotl a ~ F,n ~ ~ °0 1 A r, ~ ~ Existing Class I Bikeway Proposed Top Priority ........- Class II Bikeway A Existing Bicycle Parking Existtng Class I[ Bikeway Existing Class III Bikeway ___ _ Proposed 2nd Priority • ra Proposed Bicycle Parking Class II Bikeway -Existing OFF Road Trail Proposed 3rd Piority ~ Transit Station °°--••°° ---- Proposed Off Road Trail Class II Bikeway ~ Park-and-Ride -~~ Proposed Top Priority Proposed Top Priority ~~~~ O parks/Open Space Class III Bikeway Class [Bikeway P d 2 d P i i ~ School ropose n r or ty Proposed 2nd Priority Class I Bikeway Class II[ Bikeway O platinum Triangle Boundary Proposed 3rd Priority Proposed 3rd Priority Class I Bikeway ""°"""" Class [I[ Bikeway L_._..I City Boundary '~+r:~ City of Anaheim, CA Clty o(Anahelm PNOVeimbD29,20071 24]9-32 Attachment F-1 ~ag~ar~ G-~ Public Parks f',`:_~~ Opon Space Water Uses Pork OCficicncy Areas' O Platinum Triangle Boundary [_~ City Boundary 'Residential areas outside half-mile radius of Neighborhood or Community Park or quarler- mile radius of a Mini Park. D t ~. ---~ Riding/liiking, Pedesuian and Mounmin Bike'I'rail Proposed Top Priority ~-.~ Class II Bikerwy Proposed 3rd Priority ~~~ ClasslBikcway ~' €~ ~ ~ ~ UPI ~1 ~I~161 ~ ~ ~ ~ ~1 ~ ~. City of Anaheim, CA .~ City of Anaheim Planning Oepartmenl November 20, 2007 t-Z r®sed ree~ l~ F~guce G-'9 Public Parks s Open Space Water Uses ® Orcundwatcr Protection Zonc Park Deliciency Aruas` Platinum Triangle Boundary L_ I City Boundary `I2csiden[ial areas ouiside half-mile radius of Neighborhood or Community Park or qunrter- mile radius of a Mini Park. ---~ RidingMiking, Pedestrian mrd Maunlaia Bike Tmil Proposed Top Priority -~ Class II Bikeway ______ Proposed 3rd Priority Class 1 Bikeway ~~1~ ~~~~~ 11(~Jl ~Q~~~~ City of Anaheim, CA ys: City o/ Anaheim Planning Department November 28, 2007 r-i ist~ Fire aid lice ci~ois a Figure PSF-1 i,ooo Police Districts o North Ne[ Pire Training Center 0 South ~ Platinum Triangle Ooundary East l__~ City Boundary D ~ ~ W YI ~ ~ r~ ~ ~ O ~ ~ °°" ~ ° ~ ~ `y. ~ ~ ~ ~, City of Anaheim Planning Department City of Anaheim, CA Novemuer 2e, zoo7 2439-35 ~®p®se~ F~~e aid ~®~oce aco9ot~es ~ F~gaa~e ~S~-1 ,.aaa ~, e Platimlm Triangle-Three Planned Fire Stations (One station planned adjncenl to Santa Cruz Street as shown on Figure PSF-I. The remaining two station locations will be noted on Figure PSP-t following cons W coon.) e North Net Fire Training Center Police Districts 0 South O Platinum Triangle Boundary Gast ~._. J Cily Boundary i~,IL i~C ~~`~ D,,~) ~ ~ ~ ~ ~ _ -~ Q ~ ~ ~ ~ ~ ~ ~" °' ~ ""`" `~"' CilY Of Anaheim Planning Department City of Anaheim, CA Novamaerze,zoo7 2479-75 ATTAC>EIMENT NO. S RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 18.20 "PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE" (ZONING CODE AMENDMENT NO.2007-00056) WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code, provisions of Title 18 may be amended whenever the public necessity and convenience and the general welfaze require, when adopted by an ordinance of the City Council in the manner prescribed by law; .and WHEREAS, the General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing,. employment, shopping and entertainment opportunities that aze accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision for The Platinum Triangle including providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed-use. projects integrating retail, office and higher density residential land uses; encouraging a regional inter-modal transportation hub in proximiTy to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing views and recreation and development opportunities afforded by the azea's proximity to the Santa Ana River; developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated. into the azea through cazefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the azea, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the azea to provide a quality employment center; developing criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops; and, identifying and pursuing opportunities for open space azeas that serve the recreational needs of The Platinum Triangle residents and employees; and WHEREAS, on August 17, 2004, the City Council of the CiTy of Anaheim adopted The Platinum Triangle Master Land Use Plan (hereinafter "PTMLUP") by Resolution No. 2004-178 and The Platinum Triangle Standazdized Development Agreement by Resolution No. 2004-179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone (hereinafter "PTMU Overlay Zone") by Ordinance No. 5935; and -1- PC2007-*** WHEREAS, the PTMLUP provides for the implementation of the General Plan vision, goals and policies for The Platinum Triangle and serves as a blueprint for future development and street improvements within The Platinum Triangle, including setting forth planning principles, development intensities, conceptual street, park and potential new signalized intersection locations and streetscape designs including, but not limited to, landscaping, lighting"" fixtures and street furniture and identifying the existing Amtrak/Metrolink Station and the conceptual Anaheim Regional Transportation Intermodal Center (ARTIC) location; and° WHEREAS, on Apri126, 2005, the City Council approved Amendment No. 1 to the PTMLUP by Resolution No. 2005-54 (Miscellaneous Case No. 2003-00071) establishing boundaries of Sub Areas A and B in the Gateway District of The Platinum Triangle in conjunction with the Archstone Gateway Project; and WHEREAS, on September 13, 2005, the City Council approved Amendment No. 2 to the PTMLUP by Resolution No. 2005-188 (Miscellaneous Case No. 2005-00113) to increase the maximum allowable commercial squaze feet in the Katella District of The Platinum Triangle by 5,604 squaze feet in conjunction with the DR Horton Project; and WHEREAS, on October 25, 2005, the City Council approved Amendment No. 3 to the PTMLUP by Resolution No. 2005-208 (Miscellaneous Case No. 2004-00089) to adjust the boundaries of the mixed-use districts to include the North Net Fire Training Center site in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units were designated for the North Net Fire Training Center site); to modify the PTMU Overlay Zone commercial density to add 210,100 squaze feet of additional commercial squaze footage including a total of 190,100 squaze feet designated for future required ground floor commercial uses along Mazket Street and Gene Autry Way and 20,000 squaze feet designated for other commercial uses in the Katella District (in the azea east of State College Boulevard); and, additional technical refinements and clarifications, including, but not limited to, refinements to street cross-sections and density descriptions to reflect the above-noted changes; and WHEREAS, on October 25, 2005, the City Council approved Amendment No. 4 to the PTMLUP by Resolution No. 2005-212 (Miscellaneous Case No. 2005-00111) to change. 10.4 acres from the Office High to the Mixed Use land use designation, in conjunction with the. project actions for the A-Town Metro Project; and WHEREAS, on January 30, 2007, the City Council approved Adjustment No. 1 to the PTMLUP by Resolution No. 2007-016 (MIS2006-00160) to amend light fixture standards, street trees and groundcover for Mazket Street and Connector Streets within the Mixed Use Districts; and, add appendices including standazd details for newspaper racks; the Platinum Triangle Median and Parkway Planting Matrix and, A-Town Metro Public Realm Landscape and Identity Program; and WHEREAS, on June 5, 2007, the City Council approved Amendment No. 5 to the PTMLUP by Resolution No. 2007-081 (MIS2007-00187) to increase the maximum number of dwelling units in the Gateway District from 2,075 to 2,142 and the maximum number of dwelling units in The Platinum Triangle from 9,500 to 9,567; and -2- PC2007-*** WHEREAS, on August 21, 2007, the City Council approved Amendment No. 6 to the PTMLUP by Resolution No. 2007-169 (MIS2006-00162) to increase the maximum number of dwelling units in the Gene Autry District from 1,000 to 1,699 and the total number. of units in The Platinum Triangle from 9,567 to 10,266; and WHEREAS; on August 21, 2007, the City Council approved AmendmenfNo. 7 to the PTMLUP by Resolution No. 2007-172 (MIS2007-00202) to (i) amend Section 3.1 "Development Intensities".and "Table 2: Development Intensities;" (ii) establish the Orangewood District, an office district, with a maximum development intensity of 590,000 square feet of office and 10,000 squaze feet of retail; and (iii) establish Section 3.7, "Orangewood District", to assign design guidelines, and WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007-00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007-00203); and (iv) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle (herein collectively referred to as the "Project"); and WHEREAS, Zoning Code Amendment No. 2007-00056 is a request for the Planning Commission to recommend to the City Council adoption of an amendment to the PTMU Overlay Zone to reflect changes identified in GPA2007-00454 and the amendment to The Platinum Triangle Master Land Use Plan; establish and create zoning standards for three new PTMU Overlay Districts (the Orangewood, ARTIC and Office Districts); modify zoning standazds including, but not limited to, .setbacks, temporary real estate signs and pazking structures and development requirements for the Arena and Stadium Districts; and, include a requirement that owners of property in the PTMU Overlay Zone, Office District enter into a standazd form of a Development Agreement with the City of Anaheim to implement permitted and conditionally permitted uses; and, additional technical refinements and clarifications, including, but not limited to, refinements to density descriptions to reflect the above-noted changes and other City Code requirements, the amended PTMU Overlay Zone is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City of Anaheim is the lead agency for the preparation and consideration of environmental documents for said Project, as defined in the Califomia Environmental Quality Act of 1970, as amended, (hereinafter "CEQA") and the State of Califomia Guidelines for the Implementation of the Califomia Environmental Quality Act (hereinafter "State Guidelines" ); and WHEREAS ,said Project is subjecf to compliance with the provisions of the California Environmental Quality Act of 1970, as amended, ("CEQA") and the State of California Guidelines for the implementation of the California Environmental Quality Act (the "State Guidelines") since said Project required approval of discretionary actions by the City of Anaheim; and -3- PC2007-* WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: WHEREAS, the Planning Commission, having reviewed and considered the amendments to Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) o'f the Zoning Code (Zoning Code Amendment No. 2007-00056) has determined that the public necessity and convenience and the general welfaze require its amendment based upon the following findings: 1. That the proposed amendments to the PTMU Overlay Zone aze consistent with the Planning Commission's Resolutions recommending that the City Council, by motion, Certify Subsequent Environmental Impact Report No. 2006-00334 (Resolution No. PC2007-70~), adopt General Plan Amendment No. 2007-00454 (Resolution No. PC2007-XXX), Miscellaneous Case No. 2007-00188 (Resolution No. PC2007-A'~), Reclassification No: 2007-00196 (Resolution No. PC2007-3~). 2. That the proposed amendments implement the Anaheim General Plan and provide for increased development opportunities, as set forth in the staff report to the Planning Commission dated December 10, 2007.. 3. That the proposed amendments reflect clarifications and refinements to reflect development factors and design trends that have been identified since the adoption of the PTMU Overlay Zone in September, 2004 and subsequent amendments. 4. That *** persons spoke with concerns relating to the subject request; and that *** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposed amendment to the Zoning Code, designated as Zoning Code Amendment No. 2007-00056, and did find and determine and recommend, by its Resolution, that the City Council, based upon its independent review of Final Supplemental Environmental Impact Report No. 334 ("Final SEIR"), and unless additional or contrary information is received during the City Council's public hearing on the Project, certify the Final SEIR and adopt the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, a copy of each of which is on file with the Planning Department and which are incorporated herein by this reference as if set forth in full, and determine that said Final SEIR, together with the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for Zoning Code Amendment No. 2007-00056, and that ho further environmental documentation need be prepazed for said Zoning Code Amendment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby recommend that an ordinance be prepazed reflecting the proposed amendments to Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Zoning Code (Zoning Code Amendment No.2007-00056) and that the City Council approve said Ordinance. -4- PC2007--*** BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon adoption of General Plan Amendment No. 2007-00454 and the amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188) by the City Council. THE FOREGOING RESOLUTION was adopted at the Planning Commis§on meeting of December 10, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal:. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary for the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 10, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS::.. NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this _ day of December, 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007-*** ATTACHMEN'Y' N®. 5 EXHIBIT A Chapfer 18.20 PLATINUiVf TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Sections: 18.20.175 18.20..180 18.20.185 Purpose and intent. Applicability. Mixed Use District Uses. Development districts. Structural heights. Coverage... Project size. Floor area, Structural setbacks. Structural :location and building orientation... Public parks, recreational-leisure areas and landscaping. Parking, loading and vehicular access. Refuse storage and recycling facilities, and private storage areas. Design standards. Signs. Compatibility standards. Gateway District Sub-Area B standards. Orangewood District standards. ARTIC District standards. Office District. Implementation. 18.20.010 PURPOSE AND INTENT. .010 Purpose. The purpose of this chapter is to establish the Platinum Triangle Mixed Use (PTMU) Overlay Zone (hereinafter referred to as the "PTMU Overlay Zone") to provide opportunities for well-designed development projects that combine residential with non-residential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities within the portions of The Platinum Triangle designated with the Mixed Use, Office High and Office Low land use designations in the City of Anaheim General Plan, and consistent with the policy direction in the General Plan. Further, conversion of The Platinum Triangle Mixed Use intensities from one type of use to another (i.e. office squaze footage could be converted to dwelling units, commercial or institutional uses) aze permitted according to Section 18.20.040. .020 Objectives. The PTMU Overlay Zone has the following major objectives: .0201 Create a unique integrated, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile for everyday needs, through a streetscape that is connected, attractive, safe and engaging. .0202 Develop an overall urban design framework to ensure that the appeazance and effects of buildings, improvements, and uses are harmonious with the chazacter of the azea in which they aze located. -1- PC2007-*** Exhibit A .0203 Encourage compatibility between residential, office, commercial and sports entertainment uses. .0204 Reinforce Transit Oriented Development (TOD) opportunities around the existing Amtrak/Metrolink and the proposed Anaheim Regional Transportation Intermodal Center (ARTIC) stations. .0205 Maintain and enhance connectivity and linkages with convenience services, dining, retail and recreation facilities within walking distance, by providing ground floor commercial uses in key locations. .0206 Provide a mix of housing types. ..0207 Create great long-lasting neighborhoods that maintain value through buildings with azchitectural qualities that create attractive street scenes. .0208 Provide a variety of open space, including private, recreational-leisure areas and public parks.. .0209 Create a balance of landscape and architecture by providing sufficient planting space. .0210 Encourage parking solutions that aze incentives for creative planning and sustainable neighborhood design. .0211 Stimulate mazket-driven development investment. 18.20.020 APPLICABILITY. .010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres generally bounded by the Santa Ana River on the east,. the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north. The PTMU Overlay Zone covers an azea consisting of approximately four hundred and seventy five (475) acres designated for mixed uses and office high and low land uses within The Platinum Triangle, as depicted in Figure 3 (General Plan Designations) of The Platinum Triangle Master Land Use Plan approved by the City Council on August 17, 2004 and.amended on Apri126, 2005. (Resolution No. 2005-54), September 13, 2005 (Resolution No. 2005-188) ,September 25, 2005 (Resolution Nos. 2005-208 and 2005-212), June 5, 2007 (Resolution No. 2007- 81), August 21, 2007 (Resolution Nos. 2007-169 and 2007-172) and on December 11, 2007 (Resolution Nos. 2007- and _) and on file in the Office of the City Clerk. Said Figure 3 is incorporated herein by this reference as though set forth in full.. .020 Applicable Regulations. The provisions of this chapter shall supersede the corresponding regulations of the underlying zones, except as provided below. -7- PC2007-*** Exhibit A .030 Option to Use Underlying Zone. The provisions of this chapter shall not apply to parcels that have been, or aze proposed to be, developed entirely under the underlying zone; provided that all requirements of the underlying zone aze met by the project, except as specifically approved otherwise by vaziance or other official action by the City. 18.20.030 MIXED USE DISTRICT USES. .010 Primary Uses. Table 20-A (Primazy Uses: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable primary uses for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.030 (Residential Primary Use Classes) and Section 18.36.040 (Non-Residential Primary Use Classes) of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 20-B (Accessory Uses and Structures: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable accessory uses and structures for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 20-C (Temporazy Uses and Structures: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable temporary uses and structures for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.060 (Temporary Use Classes) of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 20-A, 20-B and 20-C aze established by letter designations as follows: .0401 "P" designates classes of uses pennitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit; .0403 "N" designates classes of uses that aze prohibited; and .0404 "GF" designates classes of uses. that aze considered ground floor commercial for the PTMU Overlay Zone. .050 Ground-Floor Commercial Uses. In order to encourage an active street life while accommodating mazket demand, ground floor commercial uses facing the street aze required along Market Street and on Gene Autry Way, east of Market Street, as identified on Figure 4 (The Platinum Triangle Urban Design Plan) in The Platinum Triangle Master Land Use Plan. Ground floor commercial uses are identified in Tables 20-A, 20-B and 20-C, and may include the non-residential portion of live/work units, or may be designed so that the space may be used for either residential or non-residential uses where the residential portion does not face the street. Ground floor commercial uses aze also permitted along all other streets within the PTMU Overlay Zone. -8- PC2007-* Exhibit A .0501 Ground floor commercial uses, as designated in Tables 20-A, 20-B and. 20-C, shall have a minimum depth of no less than thirty (30) feet and shall be provided along the property frontage adjacent to Mazket Street and Gene Autry Way, east of Market Street, as identified on Figure 4 of The Platinum Triangle Master Land Use Plan. :060 Live/Work Units. A commercial land use may be combined with a residential land use within one unit to create a space that contains both a residence and commercial area, such as an office. .070 Unlisted Uses. Any class of use that is not listed in Tables 20-A, 20-B and 20- C is prohibited, unless a determination is made by the Planning Director to allow the submission of an application for a conditional use permit to approve the use. .080 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 20-A, 20-B or 20-C aze set forth in Section 18.36.020 (Classification of Uses) of Chapter 18.36 {Types of Uses). .090 Special Provisions. Special provisions related to a use aze referenced in the "Special Provisions" column of Tables 20-A, 20-B and 20-C. Such provisions may include references to other applicable code sections or limitations to the specified land. use. Table 20-A P=Permitted by Right PRIMARY USES; C=Conditional Use Permit THE PLATINUM TRIANGLE Required MIXED USE (PTMU) OVERLAY ZONE, N=Prohibited MIXED USE DISTRICTS GF=Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses Dwellings-Multiple-Family P Dwellings-Multiple-Family in C Subject to the approval of the Gateway District, Sub-Area Conditional Use Permit No. 2003- B 04763, as may be amended from time to time, and subject to the conditions and showings of Chapter 18.66 (Conditional Use Permits), and further subject to pazagraph 18.20.170.020.0201 and .0202 (Development Agreement Exemptions). Dwellings-Single-Family P Attached -9- PC2007-*** Exhibit A Table 20-A P=Permitted by Right PRIMARY USES: C=Conditional Use Permit THE PLATINUM TRIANGLE Required MIXED USE (PTMU) OVERLAY ZONE, N=Prohibited MIXED USE DISTRICTS GF=Ground Floor Commercial PTMU GF Special Provisions. Dwellings-Single-Family N Detached Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects) Non-Residential Classes of Uses Alcoholic Beverage Sales-Off- C GF Sale Alcoholic Beverage Sales-On- C GF Sale.. Antennas-Broadcasting P Subject to 18.38.060 (Antennas - Telecommunications) Automotive-Public Parking C Automotive, truck, trailer and N other vehicle sales Automotive-Service Stations C Bars & Nightclubs C GF Billboards N Business & Financial Services P GF Breweries C GF Including the on-premise sales and consumption of beer or ale Commercial Retail Centers C Community & Religious C GF Assembly Computer Internet & C GF Amusement Facilities Conversions of hotels or motels N to semi-permanent living quarters -10- PC2007-*** Exhibit A Table 20-A P=Permitted by Right PRIMARY USES: C=Conditional Use Permit THE PLATINUM TRIANGLE Required MIXED USE (PTMU) OVERLAY ZONE, N=Prohibited MIXED USE DISTRICTS GF=Ground Floor Commercial PTMU GF Special Provisions Dance & Fitness Studios-Large P GF Dance & Fitness Studios-Small P GF Day Caze Centers C GF Drive-up or drive-througk N services Hotels & Motels P/C/N Hotels aze permitted, extended-stay hotels aze permitted by conditional use permit, motels aze not permitted (See Chapter 18.92 for definitions) Mazkets-Large P GF Outdoor` farmer's mazkets are allowed with a conditional use permit Mazkets-Small P GF Offices P GF Pawnshops N Personal Services-General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats aze subject to § 18.38.150 Personal Services-Restricted C GF Public Services P GF Recreation-Bowling & P GF Billiards Recreation-Commercial Indoor P GF Recreation-Commercial C ontaoor Recreation-Low-Impact P Recreation-Swimming & P Tennis -11- PC2007-*** Exhibit A Table 20-A P=Permitted by Right PRIMARY USES: C=Conditional Use Permit THE PLATINUM TRIANGLE Required. MIXED USE (PTMU) OVERLAY ZONE, N=Prohibited MIXED USE DISTRICTS GF=Ground Floor Commercial PTMU GF Special Provisions Recycling Services-Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Repair Services-Limited P Rescue missions, shelters for N the homeless Reseazch and Development C Facilities Restaurants-General P GF Restaurants-Semi-Enclosed P GF Subject to 18.38.220 (Restaurants -Outdoor Seating and Dining) Restaurants-Walk-Up P Retail Sales-General P GF Retail Sales-Kiosks P Retail Sales-Regional P Secondhand shops N Sex-oriented businesses, as N defined in Chapter 18.54 (Sex- Oriented Businesses) Studios-Broadcasting C GF Studios-Recording P GF Swap meets, indoor and N outdoor Transit Facilities P Utilities-Major C Utilities-Minor P -12- PC2007-*** Exhibit A Table 20-A P=Permitted by Right PRIMARY USES: C=Conditional Use Permit THE PLATINUM TRIANGLE Required MIXED USE (PTMU) OVERLAY ZONE, N=Prohibited MIXED USE DISTRICTS GF=Ground Floor Commercial PTMU GF Special Provisions Use or activities not listed, nor C As determined by the Planning specifically prohibited Commission to be compatible with the intended purpose of the PTMtT Overlay Zone. Table 20-B P=Permitted by Right ACCESSORY USES AND STRUCTURES: C=Conditional Use Permit THE PLATINUM TRIANGLE Required MIXED USE (PTMU) OVERLAY ZONE N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Amusement Devices P Subject to Chapter 4.14 (Amusement Devices) Animal Keeping P Subject to 18.38.030 (Animal Keeping) Antennas-Private Transmitting P Subject to 18.38.040 (Antennas - Private Transmitting) Antennas-Receiving P Subjectto 18.38.050 (Antennas - Receiving) Cazetaker Units C Subject to 18.38.090 (Cazetaker Units) Day Caze-Lazge Family C Subject to 18.38.140 (Large Family Day Caze Homes) Day Caze-Small Family P Fences & Walls P This use may occur on a lot with or without a primary use. (Ord. 5948 § 3; November 29, 2004.) Home Occupations P Subject to 18.38.130 (Home Occupations) Landscaping & Gardens P Subject to Chapter 18.46 -13- PC2007-*** Exhibit A Table 20-B P=Permitted by Right ACCESSORY USES AND STRUCTURES: C=Conditional Use Permit THE PLATINUM TRIANGLE Required MIXED USE (PTMU) OVERLAY ZONE N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions (Landscaping and Screening) Mechanical & Utility P Subject to 18.38.160 (Mechanical Equipment -Ground Mounted. and Utility Equipment-Ground Mounted) Mechanical & Utility P Subject to 18.38.170 (Mechanical Equipment -Roof Mounted and Utility Equipment-Roof Mounted) and 18.20.140 (Design Standazds) of this chapter Murals P/C Permitted when not visible from right-of--way or adjacent properties. Conditional use where visible from any public right-of--way or adjacent properties. Parking Lots & Garages P Portable Food Carts C Recreation Buildings & P GF Structures Signs p Subject to Chapter 18.44 (Signs) and 18.20.150 (Signs) of this chapter Solaz Energy Panels P Must be mounted on the roof and, if visible from the street level, must be pazallel to the roof plane Vending Machines P Shall be screened from view from public rights-of--way and shall not encroach onto sidewalks -14- PC2007-*** Exhibit A Table 20-C P=Permitted by Right TEMPORARY USES AND C=Conditional Use Permit STRUCTURES: Required THE PLATINUM TRIANGLE N=Prohibited MIXED USE (PTMU) OVERLAY ZONE GF=Ground Floor Commercial MIXED USE DISTRICTS PTMU GF ' Special Provisions Contractor's Office & Storage P Subject to 18.38.105 (Contractor's Office & Storage) Open-Air Festivals P Requires all applicable City permits Special Events P Subject to 18.38.240 (Special Events) 18.20.040 DEVELOPMENT DISTRICTS. .010 Purpose. To permit the maximum amount of development in The Platinum Triangle consistent with the General Plan and the infrastructure capacity analyzed by EIR No. 330, SEIR No. 332, EIR No. 335 and SEIR No. 334, the PTMU Overlay Zone establishes land use intensities for each of the following development districts: Arena District, ARTIC District, Gateway District, Gene Autry District, Katella District,. Orangewood District, Stadium District and the Office District. The boundaries of the development districts aze depicted in The Platinum Triangle Master Land Use Plan,. which boundaries aze incorporated herein by this reference. .020 Table 20-D (Development Intensities: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) indicates the maximum land use intensities analyzed by EIR No. 330, SEIR No. 332, EIR No. 335 and SEIR No. 334. The Planning Department will maintain an accounting of the total number of dwelling units and the total amount of square footage approved within each district. Development shall not exceed the overall total land use intensity for the PTMU Overlay Zone or the intensity identified for each district, unless a dwelling unit transfer is approved in accordance with Section 18.20.040.030 (Dwelling Unit Transfer), provided, however that land uses may be converted to another type of land use in a district if the environmental impacts of the conversion aze within the pazameters of SEIR No. 334, as substantiated by additional analysis approved by the City Engineer and Planning Duector and subject to the approval of the Planning Duector in connection with the approval of the Final Site Plan. .030 Dwelling Unit Transfer. A request for approval of a dwelling unit transfer shall be submitted to the Planning Department for review and approval by the City in' accordance with the following: -15- PC2007-*** Exhibit A .0301 A transfer of dwelling units from the Stadium District to the Katella, Gene Autry, Gateway Districts shall be permitted subject to approval of the Planning Commission and the City Council at noticed public hearings, provided that the Planning Commission's decision shall be in the form of a recommendation to the City Council and provided that the applicant demonstrates the following: .Ol That the transferred units aze proposed to be located within the density transfer boundaries indicated in Figure A of the Platinum Triangle Supplement Sewer Study, dated April, 2007 as it may be amended, on file in the City, or other azeas in the Katella, Gene Autry, Gateway and Orangewood Districts where environmental impacts are within the parameters of SEIR No. 334, as substantiated by additional analysis approved by the City Engineer and Planning Director. .02 That the request for the dwelling unit transfer shall be submitted by a verified owner of property where. the units are proposed to be located and that the request shall be accompanied by a fee as prescribed in Chapter 18.80 (Fees), no part of which shall be returnable to the applicant except as set forth in Section 118..60.070 (Withdrawal of Application). .03 That the density of the property where the units aze proposed to be located aze set forth by District in Appendix G of The Platinum Triangle Master Land Use Plan. .04 That the dwelling unit transfer request has been submitted concurrently with the processing of a development agreement prepared pursuant to Section 18.20.185.020 (Development Agreement) and that the final site plan or master site plan, attached as an exhibit to the development agreement, incorporates the transferred units and has been prepared in compliance with the PTMCT Overlay Zone. .0302 That issuance of grading and building permits and approval of subdivision plans for projects incorporating an approved dwelling unit transfer, shall only be permitted if there is a valid development agreement recorded on the property. .0303 That if the development agreement were to expire orbe terminated or otherwise determined invalid, no permits, including but not limited to, grading and building permits, shall be issued for the transferred units or• subdivision plans approved for the transferred units, until such time as the property owner amends the development agreement or enters into another development agreement incorporating the transferred units. .0304 The transfer of dwelling units may be subject to additional criteria as established by the City. Table 20-D DEVELOPMENT INTENSITIES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE -16- PC2007-*** Exhibit A *District Acres Maximum Housing Units Maximum Office Square Feet Maximum Commercial Square Feet Maximum Institutional Square Feet Arena 41 425 100,000 100,000 0 ARTIC 17 0 2,952,803 358,000 1,500,000 Gateway 50 2,949 681,250. 132,000 0 Gene Autry 33 2,362 219,200 236,700 0 Katella 141 5,681 2,459,551 746,147 0 Orangewood 35 1,771 1,402,855 130,000 0 Stadium 153 5,175 4,525,000 3,955,000 0 Total Mixed Use 470 18,363 12,340,659 5,657,847 1,500,000 Office 121 0 4,478,356 0 0 Total PTMU Overlay 591 18,363 16,819,015 5,657,847 1,500,000 *For properties along Gene Autry Way, the additional 4'6" of public right-of--way per General Plan Amendment No. 2004-00420 may be counted toward the property's total acreage when determining density. The permitted development intensities are further described in the Platinum Triangle Master Land Use Plan: 18.20.050 STRUCTURAL HEIGHTS. The height requirements for the PTMU Overlay Zone Mixed Use Districts aze shown in Table 20-E (Maximum Structural Height: The Platinum Triangle Mixed Use (PTMU) Overlay Zone, Mixed Use Districts) and apply in addition to the Structural Height Limitations in Chapter 18.40 (General Development Standazds). Greater heights aze permitted in connection with a conditional use permit, as set forth in Chapter 18.66 (Conditional Use Permit). Table 20-E MAXIMUM STRUCTURAL HEIGHT: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE, MIXED USE DISTRICTS ~ ~ Maximum Height in Feet ~ ARTIC, Arena and Stadium Districts I Unlimited - -17- PC2007-*** Exhibit A Table 20-E MAXIMUM STRUCTURAL HEIGHT: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE, MIXED USE DISTRICTS Maximum Height in Feet All other properties 1100 18.20.060 COVERAGE. .010 Site Coverage. The maximum site coverage for the PTMU Overlay Zone is seventy-five percent (75%). .0101 "Coverage" is the sum of the area of all building footprint azeas and the area of exposed pazking, divided by the gross azea of the parcel, excluding Market Street or connector streets and/or any required public right-of--way. For purpose of coverage calculations, pazking is not considered exposed when landscape, patios and pool decks aze located on the top level of a pazking structure. .0102 Accessory Buildings and Structures. All accessory buildings and structures, shall be included in the maximum site coverage calculation. 18.20.070 RESIDENTIAL PROJECT SIZE. The residential project size requirements are as follows: .010 The minimum residential project size shall be fifty (50) dwelling units. .020 Residential projects of more than four hundred (400) dwelling units on pazcels of five (5) acres or greater shall consist of more than one (1) building type, as defined in Table 20-F (Building Types: The Platinum Triangle Mixed Use (PTMU) Overlay Zone). The building types proposed to meet this requirement must vary by at least one (1) story in height.. .030 Building Site Requirements in Chapter 18.40 (General Development Standazds) shall also apply. Table 20-F BUILDING TYPES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Building Unit Type Typical Definikion Type Density Range Units/Acre -18- PC2007-*** Exhibit A Table 20-F BUILDING TYPES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Building Unit Type Typical Definition Type Density Range Units/Acre Tuck-Under Townhomes 16-24 Residential buildings in Flats 18-30 which individual pazking garages aze located under the living unit but still accessed by surface driveways Wrapped Flats 45-80 Residential buildings that Deck surround, or wrap azound, a freestanding (not subterranean) pazking structure Podium Townhomes 16-32 Residential buildings Flats/Townhomes 36-65 located above a Flats 48-100 subterranean parking structure High-Rise Flats 65-100 Residential buildings over Tower 55 feet in height 18.20.080 FLOOR AREA. The minimum floor azea for dwelling units is shown in Table 20-G (Minimum Floor Area: The Platinum Triangle Mixed Use (PTMU) Overlay Zone). .010 Calculations. For purposes of this section, a "Bedroom" is a private habitable room planned or used for sleeping, sepazated from other rooms by a door or a similaz partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby, closet or pantry) having seventy (70) squaze feet or more of floor azea, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a "Bedroom." -19- PC2007--*** Exhibit A Table 20-G MINIMUM FLOOR AREA: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Unit Type Minimum Floor Area Studio Units: 550 squaze feet One-Bedroom Units: 650 squaze feet Two-Bedroom Units: 825 squaze feet Three-Bedroom Units: ],000 squaze feet More Than aThree-Bedroom Unit: 1,000 squaze feet plus 200 squaze feet for each bedroom over three 18.20.090 STRUCTURAL SETBACKS. Every building or structure erected under the provisions of this zone shall be provided with setbacks as follows: .010 Setbacks Abutting Public Rights-of--Way, Private Streets and Alleys. .0101 Minimum Open Setback. All properties shall have a minimum open setback for the full width of the property, as indicated in Table 20-H (Structural Setbacks Abutting Public Rights-of--Way, Private Streets and Alleys) and The Platinum Triangle Master Land Use Plan. .O1 Setbacks abutting public rights-of--way shall be pazallel to the centerline of the adjoining public rights-of--way, and shall be measured from the ultimate right-of- way, as indicated in the Circulation Element of the General Plan.. .02 Setbacks abutting private streets or alleys shall be pazallel to the centerline of the adjoining private street or alley, and measured from the private access easement. .0102 Required Improvement of Setbacks. Setbacks abutting public rights-of- way, private streets and alleys shall be landscaped with lawn, trees, shrubs or other plants, and/or decorated hazd surface expansion of the sidewalk, as set forth in Chapter 18.46 (Landscaping and Screening), Table 20-H and The Platinum Triangle Master Land Use Plan. Setback azeas shall be permanently maintained in a neat and orderly manner. .0103 Permitted Encroachments. Setbacks abutting public rights-of--way, private streets and alleys may include the following encroachments: -20- PC2007-*** Exhibit A .O1 Patios, residential buildings and ground floor commercial uses that encroach into the required street setback no more than the maximum amount allowed per Table 20-H and The Platinum Triangle Master Land Use Plan. .02 Walkway connections to building entrances, provided that special paving treatment or modular paving materials aze used. .03 Vehicular and bike accessways. .04 Transit stops: .OS Outdoor seating and dining azeas in conjunction with full-service restaurants, coffee shops, and bakeries, provided that such azeas shall be designed to not adversely affect the safe and efficient circulation of pedestrian and vehiculaz traffic. .06 Public art displays, fountains, ponds, planters, outdoor seating azeas, benches, decorative trash receptacles, planters, public plazas, or other sirnilaz amenities .and attractive street furnishings that create public gathering places. .07 Newsracks that aze designed to be aesthetically harmonious with the chazacter of the azea, and not cause obstruction or adversely affect the safe and efficient circulation of pedestrian and vehiculaz traffic. .08 Cornices, eaves, belt courses, sills, buttresses and fireplaces that encroach into the required street setback no more than thirty-six (36) inches. .09 Awnings, canopies and azcades. .10 Open, unenclosed balconies that encroach into the required street setback no more than three (3) feet. .11 Covered or uncovered entrances that do not extend above the level of the first floor of the building, and that include a wall not more than thirty-six (36) inches in height that encroaches into the required street setback no more than five (5) feet. .12 Fences, walls and hedges that comply with Section 18.46.110. (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) and subsection 18.20.30.020 (Accessory Uses). .0104 Improvement of Walkways Required. Adjacent to Orangewood Avenue, the portion of the setback adjacent to the right-of--way shall be improved with a walkway, as indicated in Table 20-H and as shown in The Platinum Triangle Master Land Use Plan. An easement for said walkway shall be provided to the City. -21- PC2007-*** Exhibit A Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE ' Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation Street Minimum Permitted Required Landscape Setback Encroachments Katella Avenue' 18 feet Patios: 8 feet The azea between residential patios and the sidewalk/walkway Residential (see below) shall be fully buildings: 3 landscaped feet* • Adjacent to ground floor Ground floor commercial uses, up to 80% of the commercial: 4 setback azea may be paved feet • A date palm matching the date palm in the public right-of--way in spacing and height shall be installed 5 feet from the right-of- way, as indicated on the Platinum Triangle Master Land Use Plan Lewis Street Gene Autry Patios: 8 feet The azea between residential Way to Katella patios and the sidewalk/walkway Avenue: 20 Residential (see below) shall be fully feet buildings: 3 landscaped feet* Katella Avenue to Cerritos Ground floor Adjacent to ground floor Avenue: 12 commercial: 4 commercial uses, up to 80% of the feet feet setback azea may be paved -22- PC2007-*** Exhibit A Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Permitted Required Landscape Setback Encroachments State College South of Patios: 8 feet The area between residential Boulevard Gene Autry patios and the sidewalk/walkway Way: 13 feet. Residential (see below) shall be fully buildings:. 3 landscaped • North of feet* Gene Autry Adjacent to ground floor Way to railroad Ground floor commercial uses, up to 80% of the grade commercial: setback azea may be paved sepazation: 16 4-8 feet feet • North of railroad grade separation: 20 feet Gene Autry 9.5 feet Patios: 5 feet The azea between residential Way patios and the sidewalk/walkway Residential (see below) shall be fully buildings: 3 landscaped feet* Adjacent to ground floor commercial uses, up to 100% of Ground floor the setback azea may be paved commercial: provided required Mexican Fan 5 feet (outdoor Palm trees in setback azeas aze seating azeas provided 20 feet on-center may encroach A 2.5 foot walkway shall be 9.5 feet) provided adjacent to right-of--way, scored to match adjacent sidewalk, and an easement provided to the City -23- PC2007-*** Exhibit A Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Permitted... Required Landscape Setback Encroachments Orangewood West of State Patios: 8 feet •' The azea between residential Avenue College patios and the sidewalk/walkway Boulevard: 12 Residential (see!below) shall be fully feet buildings: 3 landscaped feet* Adjacent to ground floor commercial uses, up to 80% of the East of State Patios: setback area may be paved College 8 feet A 2.5 foot walkway shall be Boulevard: 12 provided adjacent to right-of--way, feet scored to match adjacent sidewalk, and an easement provided to the City, east of State College Boulevazd Douglass Road 14 feet Patios: 8 feet ' • The area between residential patios and the sidewalk shall be ' Residential fully landscaped buildings: 3 feet* Adjacent to ground floor commercial uses, up to 80% of the Ground floor setback azea may be paved commercial: 3 feet- Railroad 10 feet ' None Setback azea shall be fully Right-of--Way landscaped Mazket Street 10 feet Ground floor A maximum 30% of setback commercial: azea may be landscaped 4 feet -24- PC2007-* Exhibit A Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Permitted Required Landscape Setback Encroachments Connector 10 feet Patios: 7 feet The azea between residential Streets/ patios and the sidewalk shall be Wright Circle/ Residential fully landscaped Private Streets buildings: 3 Dupont Drive, feet* Adjacent to ground floor Town Centre commercial uses, up to 80% of the Place and Ground floor setback azea may be paved Rampart Street commercial: 3 feet Alleys 10 feet Patios: 2 feet A minimum 4-foot-wide pedestrian walkway shall be Residential provided pazallel to the alley. All buildings: 2 other portions of the setback area feet* shall be fully landscaped. Ground floor commercial: 2 feet Freeways 25 feet None Setback azea shall be fully landscaped :020 Setbacks -Other: An open setback shall be provided between buildings and interior lot lines, and between buildings located on the same project site. Minimum setback requirements shall be measured perpendiculaz to building walls. .0201 Required Improvement of Setbacks. Required setbacks abutting interior property lines and setbacks between buildings shall be landscaped with lawn, trees, shrubs or other plants, as indicated above and as set forth in Chapter 18.46 (Landscaping and Screening). Setback azeas shall be permanently maintained in a neat and orderly manner: .0202 Setbacks Abutting Interior Property Lines. A minimum five (5) foot wide fully landscaped setback azea shall be provided for structures abutting an interior property line along the entire length of the building. Where a fence or wall is provided along or adjacent to the interior property line, the five (5) foot wide fully landscaped setback shall. be measured from the side of the fence or wall facing the property. -25- PC2007-*** Exhibit A .0203 Setbacks Between Buildings. A minimum twenty (20) foot wide setback between pazallel walls of two (2) separate buildings shall be provided. At least forty percent (40%) of the setback area between buildings shall be landscaped.. .O1 Permitted Encroachments. The following encroachments aze permitted, provided a minimum of forty percent (40%) of the setback area is landscaped: (a) Open, unenclosed balconies and/or private patios for ground floor residential units may encroach no more than five (5) feet. (b) Covered or uncovered entrances that do not extend above the level of the first floor of the building and that include a wall not more than thirty-six (36) inches in height may encroach no more than five (5) feet. (c) Outdoor recreational facilities. (d) Fountains, ponds, sculptures and planters. (e) Fences, walls and hedges that comply with Section 18.46.110 (Screening, Fences, Walls and Hedges). (f) Paved walkways,benches and plazas. (g) Vehiculaz accessways. .030 Pazking, loading or unloading of privately owned and operated automobiles and other vehicles shall be prohibited in all required setbacks. .040 Required vehicle site distances shall be maintained. No landscaping or other elements such as signs or fences exceedingtwenty-four (24) inches in height shall be permitted within the line-of--sight triangle described in Section 18.44.080 (Freestanding and Monument Signs-General) of Chapter 18.44 (Signs) and as shown on the applicable Engineering Standard Detail pertaining to commercial drive approaches unless otherwise approved by the City Traffic and Transportation Manager. .050 Modifications: The setbacks prescribed in this section may be modified in connection with a conditional use permit as set forth in Chapter 18.66 (Conditional Use Permit), provided that minimum landscape requirements aze met. 18.20.100 STRUCTURAL LOCATION AND BUILDING ORIENTATION. All buildings shall have the following orientation to the street: .010. All buildings shall be aligned either pazallel or at right angles to the street rights-of--way. -26- PC2007-*** Exhibit A .020 All buildings adjacent to a public street shall maintain a continuous "street wall," formed by the edge of the building, for a minimum of seventy percent (70%) of the lot/pazcel frontage adjacent to the street. .030 With the exception of pazking lots and structures for hotels and office buildings, and as otherwise provided for in the Orangewood District, pazking lots and structures shall not be located directly adjacent to a public street, but shall be placed - ntemal to the block, in a location screened from view of the public right-of--way or subterranean to the building. .040 Pazking Structures. Except as otherwise provided for in the Orangewood District, pazking structures shall be screened from view of the public right-of--way. 18..20.110 .PUBLIC PARKS, RECREATIONAL-LEISURE AREAS AND LANDSCAPING. .010 Public Pazks. Public parks shall be provided as follows: .0101 Parcels eight (8.0) acres or larger with residential development totaling more than 325 dwelling units, shall provide and construct an on-site public park, at a minimum size of forty- four (44) square feet per residential dwelling unit. .01 Said pazk shall be bounded on at least one side by a public street with on- street pazking. .02 This requirement is in addition to the payment of park-in-lieu fees, however, the value of the parkland dedication will be credited against overall park-in-lieu fees paid for the project. This credit will be given for pazk land dedication only. No credit will be given for improvements to the pazk or for recreational-leisure azeas, as required subject to subsection 1$.20.110.020 (Recreational-Leisure Areas). .0102 Parcels less than eight (8.0) acres in size shall pay a pazk-in-lieu fee. .020 Recreational-Leisure Areas. Two hundred (200) squaze feet pf recreational- leisure azea shall be provided for each dwelling unit, and may be provided by private azeas, common azeas, or a combination of both. .0201 Common Recreational-Leisure Areas.:All common recreational-leisure azeas shall be conveniently located and readily accessible from all dwelling units located on the building site, and shall be integrated with, and contiguous to,'other common azeas on the building site. The common recreational-leisure area may be composed of active or passive facilities, and may incorporate any required setback areas other than setback azeas adjacent to public rights-of--way, private streets and alleys and interior property lines, but shall not include or incorporate any driveways or parking azeas, trash pickup or storage azeas or utility azeas. The common recreational-leisure azea shall have a minimum dimension often (10) feet. -27- PC2007-*** Exhibit A .O1 Improvement of Common Recreational-Leisure Areas. All common recreational-leisure azeas shall be landscaped with lawn, trees, shrubs or other plants, as set forth in Chapter 18.46 (Landscaping and Screening), with the exception of reasonably required pedestrian walkways and paved recreational facilities, such as swimming pools and decks and court game facilities. (a) Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen-type walls installed incidentally to the primazy plants in the landscaping shall be permitted and encouraged. ' (b) All required common recreational-leisure azeas and other required open space azeas shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. (c) Courtyazds internal to a project, or enclosed on at least three (3) sides, shall have a minimum width of forty (40) feet, and shall be landscaped with a ratio of hazdscape to planting not exceeding a ratio one (1) squaze foot of landscape to one (lj squaze foot of hazdscape. Pools and spas shall be excluded from this ratio. (d) The base of a building shall be separated from adjacent common recreational-leisure .azea by a planter allowing a minimum thirty (30) inches planting width. .0202 Private Recreational-Leisure Areas. In order for private patios and balconies to count toward the recreational-leisure azea requirement, they must comply with the following: .O1 Any private patios for ground floor units shall not be less than one hundred (100) squaze feet in azea, with a minimum dimension of eight (8) feet. .02 Private balconies for dwelling units located entirely above the ground floor shall not be less than seventy (70) square feet in azea, with a minimum dimension of seven (7) feet. Private balconies for dwelling units located in high-rise towers, eight (8) stories or higher, shall not be less than thirty-five (35) square feet in azea, with a minimum dimension of five (5) feet. .030 Landscaping. Landscaping, including fences, walls and hedges, shall be permitted and/or required subject to the conditions and limitations set forth herein and in Chapter 18.46 (Landscaping and Screening) except that the minimum plant size for a Date Palm, which shall be 30-foot, brown-trunk height, and a Mexican Fan Palm, which shall be 20-foot, brown-trunk height. 18..20.120 PARKING, LOADING AND VEHICULAR ACCESS. 010 Number of Pazking Spaces. -28- PC2007-*** Exhibit A .0101 Number of Spaces for Residential Uses. The following minimum parking requirements shall be used in determining parking need: Table 20-I MINIMUM PARKING REQUIREMENTS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Total Number of Bedrooms Minimum Number of Parking Spaces Per Unit 1 bedroom 1.5 spaces 2 bedroom 2.0 spaces.. 3 bedroom 2.5 spaces 4 bedroom 3.5 spaces .0102 Number of Spaces for Non-Residential Uses. The number of parking spaces for non-residential uses shall be determined by the type of use (use class) specified in Table 42=A (Non-Residential Pazking Requirements) of Chapter 18.42 (Parking and Loading). .0103 Number of Spaces for Mixed-Use Projects. Due to vaziations in parking demand and the needs of each project, vehicle pazking requirements, the demand for drop-off and pick-up locations and the design of the parking azeas, including ingress and egress; shall be determined as part of the final site plan review process by the City Traffic and Transportation Manager based upon information contained in a parking demand study prepazed by an independent traffic engineer, as approved by the City Traffic and Transportation Manager. The parking demand study shall be prepared at the property owner/developer's expense and provided as part of the final site plan application. .0104' On-Street Parking. Parking located on a private of public street directly in front of a use maybe considered for pazking credit; providing a pazking management plan is approved by the City Engineer, which adequately addresses how parking will be limited to the use that it is intended to serve: .0105 Tandem Pazking. Tandem Pazking may be permitted in conjunction with subterraneanparking and tuck-under buildings, where both spaces aze assigned to the same designated dwelling unit. .0106 Valet Parking. Valet parking may be permitted in conjunction with subterranean parking, provided valet services aze provided for and managed by an on-site management company or homeowner's association. .0107 Drop-off and Pick-Up Locations. Drop-off and pick-up locations shall be incorporated into the design of parking areas, and the number, location and design shall be approved by the City Engineer. -29- PC2007--* Exhibit A .020 Designation of Parking for. Residential and Non-Residential Uses. Pazking spaces specifically designated for non-residential and residential uses shall be mazked by the use of posting, pavement mazkings, and/or physical sepazation. Parking design shall incorporate sepazate entrances and exits, or a designated lane, for residents, so that. residents aze not waiting in line behind non-residential drivers. .030 Vehicle Access. All vehicle access shall be designed and improved in accordance with the requirements of the City Engineer. .0301 Primary Vehicle Access. Parcels located adjacent to connector streets shall have their primazy vehicle access off of said streets. :0302 Minimum Distance Between Driveways of Arterials. The minimum. distance between adjacent driveways on the same site or adjacent properties located along arterials shall be not less than three hundred and fifty (350) feet, except as otherwise approved by the City Engineer. .0303 Vehiculaz Access from Katella Avenue. When two or more parcels or lots located adjacent to Katella Avenue are considered as a single, integrated development, additional driveways may be permitted, subject to the Standazd Driveway Detail requirements of the Public Works Department.. .0304 Driveway Width Dimensions. Driveways shall be a minimum of twenty- four (24) feet wide, and a maximum of thirty-five (35) feet wide, in order to enhance the pedestrian experience: Wider widths may be allowed if pedestrian circulation is not significantly compromised, subject to the approval of the City's Traffic and Transportation Manager, based on sound engineering practices; .040 Streets. As provided in The Platinum Triangle Master Land Use Plan, connector streets and a mazket street will be required within the PTMU Overlay Zone. The location of these streets shall be in conformance with The Platinum Triangle Master Land Use Plan, and shall be approved by the City Engineer, based on an access and alignment study. Additional connector streets may be required by the City Engineer, based on projected traffic volumes as determined by a traff c study. .0401 The streets shall be designed to comply with the cross sections in The Platinum Triangle Master Land Use Plan; provided that the final width, including supplemental tum lanes if required, shall be determined, based on anticipated traffic volumes analyzed as part of a project specific traffic impact study to be reviewed and approved by the City Engineer. .0402 Traffic-calming and special street design features, such as enhanced paving and parkway tapers at intersections, aze permitted and encouraged, subject to the approval of the City Engineer. :050 Loading Areas. Ofl=street loading spaces shall be provided as follows: -30- PC2007-* Exhibit A .0501 Non-residential uses off-street loading requirements shall comply with the requirements of Section 18.42.100 (Loading Requirements) of Chapter 18.42 (Parking and Loading). .0502 Residential Uses. .O1 Residential uses shall have one (1)off-street loading space or moving plaza for every one hundred and fifty (I50) units. .02 Loading spaces or moving plazas shall be located neaz entries and/or elevators. .03 Loading spaces or moving plazas shall be incorporated into the design of vehicular access azeas. .04 Decorative paving, removable bollazds and potted plants aze permitted and encouraged to enhance loading spaces or moving plazas. .OS Loading spaces or moving plazas may be located on a local or connector. street, with the approval of the City Traffic and Transportation Manager. The adjacent pazkway and setback landscape treatment shall be designed to :allow for loading and unloading.. 18.20.130 REFUSE STORAGE AND RECYCLING FACILITIES, AND PRIVATE STORAGE AREAS. .010 Refuse Storage and Recycling Facilities. Refuse storage azeas and recycling facilities shall conform to the standazds set forth in the document entitled "Refuse Container Enclosure for Multiple-Family Residential, Commercial, and Industrial Use" (Form 139), on file with the City of Anaheim or as otherwise approved by the Director of Public Works, with the additional requirement that the refuse storage facilities for residential and non-residential users shall be maintained as sepazate facilities, and shall not allow commingling of the sepazate facilities. The storage azeas shall be screened from adjacent public or private rights-of--way, or railroads. .020 Private Storage Areas. General storage cabinets, with a minimum size of one hundred (100) cubic feet capacity, shall be required for each dwelling unit. Provision of said storage azeas shall be in addition to the minimum floor azea of the unit. Storage azeas may be located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio, or in close proximity to the dwelling unit. 18.20.140 DESIGN STANDARDS. .010 The design of buildings within The Platinum Triangle shall be of the highest quality in massing, design details and amenities. -31- PC2007-*** Exhibit A .020 Amenities. High quality recreational and service amenities to serve the tenants of the residential complexes shall be provided. Such amenities may include, but are not limited to, private health clubs or fitness centers, meeting rooms, recreational rooms, pools, spas, dry cleaning collection and distribution, computer facilities, bazbecues, decks, court game facilities, and community fireplaces. "" .030 Integrated Design. The design of buildings, signs, landscaping and other" structures or elements shall feature a unified .and integrated theme. .040 Architectural Massing. With the exception of office buildings and hotels, and as otherwise provided for in the Orangewood District, buildings shall comply with the following: .0401 Regazdless of style, a building shall not have a continuous roof or pazapet line exceeding one hundred twenty (120) feet in length, without vertical breaks that cause a change in height of at least six (6) feet. .0402 When a building exceeds two hundred forty (240) feet in length, building height shall step down, in at least one location at least one (1) floor, for a minimum length of twenty-four (24) feet: .0403. The wall plane of a building facade shall not extend longer than eighty (80) feet, without a break in the plane no less than three (3) feet in depth. 050 Facades. .0501 Street wall facades shall be azchitecturally enhanced through the use of azcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. Total blank wall azeas (without windows or entrances) aze prohibited. In addition to azchitectural massing requirements, building facades shall be articulated through the use of sepazated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. .0502 Street wall facades shall be integrated with public plazas, mini pazks, outdoor dining, and other pedestrian-oriented amenities .0503 Buildings at corners of any street intersection not identified as requiring landmazk azchitecture in The Platinum Triangle Master Land Use Plan, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the entryways, such as but not limited to, building cut-offs and corner entrances with additional azchitectural detail. .0504 Tops of building facades shall be visually terminated through the use of cornices, stepped pazapets, hip and mansard roofs, stepped terraces, domes and other forms of multifaceted building tops. -32- PC2007-* Exhibit A .060 Architectural Detail. .0601 Buildings on corners must address both streets with an equal level of architectural detail. :0602 Projecting features to create visual interest and distinction between units, such as balconies, porches, bays, and dormer windows, aze required. Trim detail on rooflines, porches, windows and doors on street-facing elevations aze required. .0603 When trim is used, a minimum of one-inch by four-inch (1" x 4") trim is required. .0604 With stucco walls, a minimum one-inch (1 ") deep, raised relief around the window is required. .0605 With brick, a minimum two-inch (2") wide brickmold is required around windows. .0606 "Corner Boazds" (the boazd upon which siding is fitted at the comer of a frame structure) aze required with wood or simulated wood sidings, .0607 Dormers must be authentic and either be habitable or provide attic ventilation and have a symmetrical gable, hip, shed or curved form. .0608 Windows shall have cleaz glazing, (panes or sheets of glass) or lightly tinted glazing e.g., low emissivity, solar or spandrel glazing (opaque glass for concealing strnctural elements). Other types of mirror glazing (including tinted or opaque glass) aze not permitted. .0609 Windows shall be recessed (not flush with the wall plane) to create shadow lines and to impart athree-dimensional design feature. ..0610 All first floor exterior doors shall be hinged. Sliding glass doors aze permitted only above the first floor, and on reaz or interior side yazd elevations not visible from public rights-of--way or adjacent properties. .0611 Primary wall materials used on the front facade must be repeated on the rear and side elevations. .0612 The lower thirty percent (30 %) portion of balcony rails shall be finished with a permanent, solid, building material that matches or is otherwise compatible with the building. .0613 Balconies shall provide penetrations in the building mass at least three (3) feet, create shadow, and expose extended wall thickness. -33- PC2007-*** Exhibit A 070 Roof Treatments. :0701 Roofs shall be of a monochromic color, and all penetrations and appurtenances shall be painted to match, or be compatible with, the roof color so that their visibility is minimized. - :0702 Rooftop mechanical equipment shall be mounted behind major rooftop. elements such as stair or elevator penthouses, pazapets or azchitectural projections, sn that the equipment is not visible from the adjacent public rights-of--way or adjacent property at grade level. .080 Pazking Treatments. .0801 Pazking structures shall be screened from view, and shall include azchitectural detailing, facade treatment, artwork, landscaping, or similar visual features to enhance the street facade, except as otherwise provided for in the Orangewood DlStrlet. .0802 With the exception of pazking structures for office buildings and hotels, and as otherwise provided forin the Orangewood District, parking structures in Mixed Use Districts facing the street, excluding vehiculaz access azeas, shall be lined with residential, live/work or other usable space, to clad the face of the structure so that it is not visible from the adjacent street. .0803 Pazking structures for office buildings and hotels facing the street shall screen and enhance the design of the parking structure through azchitectural detailing, landscaping, facade treatment, or similaz visual features. .0804 Subterranean pazking structures in Mixed Use Districts can extend above grade up to two feet six inches (2' 6"), without requiring cladding treatment as required above, except as otherwise provided for in the Orangewood District. .0805 Pazking structures shall include asqueal-free floor treatment. .090 Service Areas. Service areas and mechanical/electrical/ backflow prevention equipment shall be located and screened to reduce their visibility from public and communal gathering azeas; methods of screening that aze compatible with the project's azchitecture shall be utilized. .100 Landmazk Architecture. Building architecture on key intersection corners, as shown on The Platinum Triangle Master Land Use Plan, requires special treatment. This treatment shall consist of the following: .1001 Tower element that demonstrates distinctive azchitectural features on the facade, by providing both greater height and off-set from the building wall plane. -34- PC2007-*** Exhibit A .1002 Enhanced pedestrian entry on the comer defined as including at least three (3) of the following characteristics: .O1 Oriented on a diagonal to the comer. .02 Setback at least three (3) feet behind the building facade. .03 Two (2) story entrance height and twenty (20) foot entrance width... .04 Canopy, overhang or other architectural covering over the building entry. .OS Other architectural elements of a size and scale easily visible from at least one block away, and customized for that specific comer location. .06 Decorative landscaping, hardscape, planters and/or fountains. .110 Building Treatment Adjacent to Streets. Consistent with the goal of creating walkable and safe neighborhoods, the ground floor of a building, and the space between the building and street, require "pedestrian friendly" design treatments. .110] Commercial Ground Floor Treatment. Except as otherwise provided for in the Orangewood District, when the ground floor is intended for retail or other commercial use in a vertically mixed use building, the ground floor elevation exposed to the street shall provide: .O1 Primary pedestrian access duectly from the adjacent public street frontage. .02 A maximum eighteen (18) inch deep area, measured out from the face of the building, within which a commercial tenant may customize store front design. .03 A pedestrian signage area at least twenty-four (24) inches in height integrated into the front ground floor elevation of the building. .04 An average of fourteen (14) foot floor to ceiling height on the retail ground floor. .OS Projecting signs. .06 Approximately twice the amount of window azea on the ground floor compazed to other floors. .07 At least one (1) of the following devices shall be used to visually differentiate the retail from other levels: -35- PC2007-*** Exhibit A (a) Minimum two (2) foot setback between the ground and upper floors, up to six (6) feet setback is allowed; (b) Use of overhangs, awnings or trellis work for at least sixty percent (60%) of the frontage. .1102 Arterial Streets -Residential Ground Floor. When residential ground floor use is adjacent to an arterial street, the ground floor shall be designed to provide the following: .O1 At least one (1) residential entry into acommunal lobby or courtyard per block. .02 Dwelling unit patios shall be located at least eighteen (18) inches above the sidewalk grade: ...1103 Connector Streets -Residential Ground Floor. When residential ground floor use is adjacent to a connector street, regazdless of the number of floors, the ground floor shall be designed to provide the following: .Ol Communal or individual dwelling unit entries accessible from the adjacent street and/or individual dwelling unit walkvvay connections to the adjacent street sidewalk. A2 Residen6al entry stoops, patios or communal entries shall be at least eighteen (18) inches above the sidewalk grade, for a minimum of fifty percent (50%) of the entries along connector streets. .120 Pedestrian Circulation. On-site pedestrian circulation shall be continuous, connect vazious on-site uses and, where feasible, connect to off-site transit stops.. 18.20.150 SIGNS.... .010 Coordinated Program. A coordinated .sign program is required to be submitted to the Planning Department prior to the issuance of the first sign permit and shall address the following. .0101 Signs shall complement the architecture of the building and provide a unifying element along the streetscape. .0102 The size, scale, and style of signs shall be internally consistent, and consistent with the scale of the buildings of which they aze a part. .0103 Wall signs shall be placed between the ground floor doorways and the upper facades, and shall be located at approximately the same height to create a unifying, horizontal pattern. -36- PC2007-* Exhi4t A .020 Applicability of Other Regulations. The provisions in Chapter 18.44 (Signs) shall apply to projects within the PTMU Overlay Zone, except as provided below: .0201 Awning signs and projecting signs aze permitted for buildings with ground floor commercial uses. ..0202 Thematic elements, three-dimensional objects or non-habitable structures, such as a gateway, tower, sculpture, spire and similaz azchitectural features to entertain• pedestrians, are permitted. .030 Banners used as temporary Real Estate signs in Mixed Use Developments. In conjunction with obtaining a Special Event Permit (Section 18.38.240), Mixed Use Developments within the PTMU Overlay Zone aze permitted to use banners as real estate signage (as defined in Section 18.44.030) if al] of the following provisions aze met: ,0301 Banners shall be kept clean, neatly maintained, with no missing sign copy, or ripped or faded material. Any un-maintained or damaged portion of the banners shall be repaired or replaced immediately. Non-compliance shall constitute a public nuisance and shall be subject to immediate termination of the permit. .0302 Banners shall be no greater than 225 square feet or one percent (I%) of the building face to which the banner is attached, whichever is greater. .0303 Banners shall be safely affixed to the building in a manner which ensures the safety of the public. .0304 A maximum of one (1) banner shall be permitted per street frontage. .0305 Banners shall only apply to projects implementing the PTMU Overlay Zone. .0306 Banners shall not be permitted on the same street frontage of a lot that concurrently contains a freestanding real estate sign advertising the same project, as defined by Sections 18.44.] 80 and 18.44.190. .0307 Banners shall be subject to the time limitations contained in Section 18.44.190.060 regarding Temporary Tract Signs. 18.20.160. COMPATIBILITY STANDARDS. The following standazds are intended to ensure the compatibility of uses in a mixed- use project. .010 Security. Residential units shall be designed to ensure the security of residents, through the provision of secured entrances and exits that aze sepazate from the non-residential uses, and aze directly accessible to pazking azeas. Non-residential and -37- PC2007-*** Exhibit A residential uses shall not have common entrance hallways or common balconies. These sepazations shall be shown on the development plan, and the separations shall be permanently maintained. .020 Restriction on Activities. Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents aze not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. No use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m. .030 Vibrations and Odors. No use, activity or process shall produce continual vibrations or noxious odors that aze perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. .040 Lighting. Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash or oscillate. .050 Windows. Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. 18.20.165 GATEWAY DISTRICT SUB-AREA B STANDARDS. Multiple-Family development in the Gateway District Sub-Area B shall be subject to the approval of Conditional Use Permit No. 2003-04763, as may be amended from time to time, as set forth in Table 20-A (Primary Uses: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) and shall comply with all provisions of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone), except as set forth in Section 18.20.170 (Implementation) or as set forth below: .010 The required setbacks prescribed.in Section 18.20.090 (Structural Setbacks) shall be applicable, except as set forth below. .0101 No minimum setback azea is required adjacent to the interior southerly property line ahutting the City boundary adjacent to the City of Orange. .0102 Where an on-site driveway is provided between two (2) buildings, no minimum landscaped area is required; however, building walls shall be planted with clinging vines. .020 The required public pazk provision and construction requirements prescribed in subsection 18.20.110.010 (Public Pazks) shall not be applicable to development in Sub- Area B; however, payment of pazk-in-lieu fees is required. -38- PC2007-*** Exhibit A :030 The standazds prescribed in subsection 18.20.140,040 (Architectural Massing) paragraph .0403 shall not be applicable. .040 The standards prescribed in subsection 18:20.140.060 (Architectural Detail) paragraph .0610 shall not be applicable. - .050 The standazds prescribed in paragraph 18.20.140.110.1102 (Arterial Streets - Residential Ground Floor) shall not be applicable. 18.20.170 ORANGEWOOD DISTRICT STANDARDS.. Office development in the Orangewood District shall comply with all provisions of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) or as set forth below: 010 Architectural Massing. .0101 An office building is permitted to have a continuous roof or pazapet line exceeding two hundred forty (240) feet in length without vertical breaks or stepping down one (1) floor. .0102 The wall plane of an office building fagade shall not extend longer than one hundred twenty feet (120), without a break in the plane of no less than three (3) feet in depth. .020 Pazking Treatments. .0201 Pazking structures facing the street, excluding vehiculaz access azeas, aze not required to clad the face of the structure, subject to screening of the structure through azchitectural detailing, landscaping, fagade treatment, or similar visual features to disguise the building as a pazking structure. .0202 Subterranean pazking structures can extend above grade up to two feet six inches (2'6"), subject to screening requirements as listed above. .030 Not withstanding the foregoing, the standards prescribed in subsection .I 10 (Building Treatment Adjacent to Streets) of Section 18.20.140 shall not be applicable. 18.20.175 ARTIC, STADIUM AND ARENA DISTRICT STANDARDS. Development in the ARTIC, Stadium and Arena Districts shall comply with all provisions of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone), except as set forth below: .010 Modification of Development Standards. Not withstanding any provision to the contrary, the City Council may approve the modification of development standards contained in Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) for development in the ARTIC, Stadium and Arena Districts. A final site plan or master site plan that requires the modification of development standards contained in Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) shall be processed concurrently with the development agreement as required by subsection -39- PC2007-* Exhibit A 18.20.185.020. Before the City Council may approve the modification of development standards pursuant to this Section, it must make a finding of fact in the ordinance approving the development agreement or other written decision that the evidence presented shows that all of the following conditions exist: .0101 That the modification of development standards wiA not be detrimental to the °` health., safety, convenience, or welfare of the citizens of Anaheim; and .0102 That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; arid .0103 That the proposed development is consistent with the goals and policies of the General Plan and with the purpose and intent of the Platinum Triangle Master Land Use Plan, Chapter 18.20 {Platinum Triangle Mixed'Use Overlay Zone) and any other related design criteria; and .0104 That the design and layout of the proposed development will not interfere with existing or proposed development in the surrounding area; and .0105 That adequate provisions have been made for the loading and unloading of persons, supplies and materials in a manner that does not obstruct required parking and accessways or impact adjacent land uses; .and .0106 That the proposed development will not limit or adversely affect the growth and development of adjoining lands or the general area in which it is proposed to be located. 18.20.180 OFFICE DISTRICT STANDARDS. The uses set forth in Chapter 18.08 (Commercial Zones) for the OH (Office High) and OL (Office Low) Zones shall apply. .010 Purpose - to permit high quality office use development up to the maximum amount of development in the Platinum Triangle consistent with the General Plan and the infrastructure capacity analyzed by SEIR No. 334. The boundaries of the Office District and a further description of the permitted intensity is depicted in the Platinum Triangle Master Land Use Plan which boundaries are incorporated herein by this reference. -40- PC2007-* Exhibit A 18.20.185 IMPLEMENTATION. An approved final site plan and a development agreement between the property owner and the City of Anaheim aze required for all development within the PTMU Overlay Zone, except as exempt under subsection 18.20.185:020.0201 (Development Agreement Exemptions). .010 Final Site Plan Review. A final site plan application shall be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. Said application shall include, but not be limited to, site plans, , floor plans, elevations, landscape plans, sign plans and any other such information as determined by the Planning Director. The approved final site plan shall be attached as an exhibit to the development agreement as required pursuant to subsection 18.20.185:020. (Development Agreement) and submitted to Planning Commission and City Council for review at a noticed public hearing. .0101 Master Site Plan. For all projects over twelve (12) acres, an approved master site plan may be submitted to the Planning Department for review and approval by the Planning Director and attached. to a development agreement in lieu of an approved. final site plan. If a master site plan is attached to the development agreement, final site plans shall be subject to review and approval by the Planning Commission at a noticed hearing and conditions of approval may be imposed by the Planning Commission to ensure conformance with the provisions of the PTMU Overlay Zone and The Platinum, Triangle Master Land Use Plan prior to issuance of building permits. Maximum development intensities aze set forth in Appendix G of the Platinum Triangle Master Land Use Plan. A master site plan shall include any such information as determined by the Planning Director... .0102 Variances. A final site plan or master site plan which includes a request for a variance shall have an application for said variance processed concurrently with the development agreement.. .0103 Conditional Use Permit. A final site plan or master site plan which includes a request for a conditional use permit shall have an application for said conditional use permit processed concurrently with the development agreement. A104 Dwelling Unit Transfers. The transfer of dwelling units shall be subject to the requirements of Section 18.20.040.030 (Dwelling Unit Transfers). .020 Development Agreement. A development agreement shall be processed for all development under the PTMU Overlay Zone except as otherwise exempt under subsection 18.20.185.020, pazagraphs .0201 and .0202 (Development Agreement Exemptions) per Resolution No. 82R-565 (Procedures Resolution) adopted by the City Council pursuant to Section 65865 of the Development Agreement Statute. For all development in the Katella, Gene Autry, Gateway, Orangewood and Office Districts, the -41- PC2007-*** Exhibit A form of the development agreement shall be as approved per City Council Resolution No: 2004-179, as it may be amended, on file in the Office of the City Clerk except as indicated under subsection 18.20.185.020.0203 (Development Agreements in conjunction with a Master Site Plan). A final site plan or master site plan found to be in accordance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan shall be " ""' attached as an exhibit to said development agreement. .020T Development Agreement Exemptions. Following 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 The Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign permits. .O] Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building. .02 Minor building additions or improvements interior to or at the rear of a building or development complex which aze 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) squaze 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 standazds set forth in this chapter. .03 Exterior fagade improvements which do not add to the gross squaze footage of a building or development complex, aze not visible from the public right-of- way, and aze in substantial conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .04 Sighage, including wall signs and on-site directional/informational signs and which signs aze in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .OS Landscape/hazdscape improvements or modifications which azenot im connection with building modifications and aze in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .06 Conditionally permitted uses that will not increase the squaze footage or parking demand of the existing development as determined by the Planning Director and City Engineer, .0202 Multiple-Family development in the Gateway District Sub-Area B, as authorized by approved Conditional Use Permit No. 2003-04763, shall be exempt from the requirement for the property owner to enter into a development agreement with the City of Anaheim: -42- PC2007-*** :Exhibit A .0203 Development Agreements in conjunction with a Master Site Plan. The form of a development agreement used in conjunction with a master site plan for all development in the Katella, Gene Autry, Gateway, Orangewood and Office Districts shall be as approved per City Council Resolution No. No. 2004-179, as it may be amended, on file in the Office of the City Clerk, with the exception that the term "final site plan" shall be replaced with "master site plan" and that time extensions may be requested provided that project milestones are met as indicated in the development agreement. .030 Environmental Review. Development agreement review by the Planning Commission shall include an environmental determination for the proposed project as depicted in the final site plan or master site plan. -43- PC2007-*** [DIl2AFT] ATTACHNHENT N0.6 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL RESCIND, IN PART, RESOLUTION NO. 2004-180 AND THAT PETITION FOR RECLASSIFICATION NO. 2007-00196 BE GRANTED, UNCONDITIONALLY WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR-57 Freeway 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 SR-57 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement, and the north of the Anaheim City limit area and which area is further depicted in Figure "LU-5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by its Resolution No.2004-178 and The Flatinum Triangle Standardized Development Agreement by its Resolution No. 2004-179, and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, on August 17, 2004, the City Council did adopt its Resolution No. 2004-180 approving Reclassification No. 2004-00127, declaring and indicating its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify certain properties, as described therein, from the I (Industrial), C-G (General Commercial), O-L (Low Intensity Office) and PR (Public Recreational) Zones to the O-H (High Intensity Office) Zone; and WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007-00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle (herein collectively referred to as the "Project"); and WHEREAS, Reclassification No. 2007-00196 requests that the Anaheim City Planning Commission recommend that the City Council rescind, in part, Resolution No. 2004- 180 pertaining to Reclassification No. 2004-00127 as it pertains to those certain properties as shown on Exhibit A-1 through Exhibit A-4 attached hereto and incorporated herein by this reference; and reclassify the subject properties as follows: 1. Those certain properties as shown on Exhibit B-1, attached hereto and incorporated herein by this reference, from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use (PTMU) Overlay) Zone. -1- PC2007-*** 2. Those certain properties as shown on Exhibit B-2, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the C-G (General Commercial) Zone to the C-G (PTMU Overlay) (General Commercial -Platinum Triangle Mixed Use (PTMU) Overlay) Zone; (ii) Area 2 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (iii) Area 3 from the 0-' L (Low Intensity Office) Zone to O-L (PTMU Overlay) (Low Intensity Office -Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 3. Those certain properties as shown on Exhibit B-3, attached hereto and' incorporated herein by this reference, from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 4. Those certain properties as shown on Exhibit B-4, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (ii) Area 2 from the O-L (Low Intensity Office) Zone to O-L (PTMU Overlay) (Low Intensity Office -Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 5. Those certain properties as shown on Exhibit B-5, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the C-G (General Commercial) Zone to the C-G (PTMU Overlay) (General Commercial -Platinum Triangle Mixed Use (PTMU) Overlay) Zone; (ii) Area 2 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use (PTMU) Overlay) Zone; .and (iii) Area 3 from the O- L (Low Intensity Office) Zone to O-L (PTMU Overlay) (Low Intensity Office -Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 6. Those certain properties as shown on Exhibit B-6, attached hereto and incorporated herein by this reference, from the T (Transition) Zone to the T (PTMU Overlay) (Transition -Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 7. Those certain properties as shown on Exhibit B-7, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (ii) Area 2 from the O-H (High Intensity Office) Zone to O-H (PTMU Overlay) (High Intensity Office -Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 8. Those certain properties as shown on Exhibit B-8, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (ii) Area 2 from the O-H (High Intensity Office) Zone to O-H (PTMU Overlay) (High Intensity Office -Platinum Triangle Mixed Use (PTMU) Overlay) Zone. WHEREAS, on December 1 Q 2007, the Anaheim City Planning Commission did hold a public hearing pertaining to Reclassification No. 2007-00196, notice of said hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said -2- PC2007-*** Reclassification and to investigate :and make findings and recommendations in connection therewith; and WHEREAS; said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts:. 1. That this City-initiated proposal will establish a resolution of intent to reclassify certain properties within The Platinum Triangle as described above. 2 , That rescinding, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127 as it pertains to those certain properties as shown on Exhibits A-1 through A-4 is required in conjunction with the proposed reclassification of the subject properties as described above. 3. That (i) General Plan Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007- 00188); (iv) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007-00203); and (v) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle, are being considered in conjunction with Reclassification No. 2007-00196. 4. That the proposed Reclassification No. 2007-00196 is consistent with the goals and policies for the development of The Platinum Triangle as set forth in the City of Anaheim General Plan. 5. That the proposed Reclassification No. 2007-00196 is consistent with the goals and policies set forth in The Platinum Triangle Master Land Use Plan. 6. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community.. 7. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community because it would result in a residential project that is consistent with the type of development envisioned for the area. 8. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed Reclassification No. 2007-00196 and, by its Resolution, did find and determine and recommend that the City Council, based upon its independent review of Final Supplemental Environmental Impact Report No. 334 ("Final SEIR"), and unless additional or contrary information is received during the City Council's -3- PC2007-*** public hearing on the Project, certify the Final SEIR and adopt the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, a copy of each of which is on file with the Planning Department and which aze incorporated herein by this reference as if set forth in full, and determine that said Final SEIR, together with the Statement of Findings of Fact and Statement of Overriding -- - -- Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for Reclassification No. 2007-00196, and that no further environmental documentation need be prepared for said reclassification. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby recommend that the City Council rescind, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127 as it pertains to those certain properties as shown on Exhibits A-1 through A-4. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve said Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to reclassify certain properties within The Platinum Triangle as described above. BE IT FURTHER RESOLVED that the approval of Reclassification No. 2007- 0196 is contingent upon the approval of General Plan Amendment No. 2007-00454, amendment to The Platinum Triangle Master Land Use Plan {Miscellaneous' Case No. 2007-00188), and Zoning Code Amendment No. 2007-00056, now pending. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which maybe approved or denied by the City Council at its sole discretion. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case .application within I S days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -4- PC2007-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July _, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 10, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of December 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007-*** Exhibit A-1 w w w v, J c ~x A ~ 507' n - B1B' n A ' D a ~ ~-., ~. ~-..- ~ r t. r~ m r N r~ ~Q~~ m (~ I 95' ~--26'-~sl ' 916 KATELLA AVENUE 9~ y ~y ~9 L Reclassification No. 2004-00127 Property Description Subject Properly Rescind Resolution 2 004-180 Scale: Graphic ~ Area 1 Q.S. No. 97/107 ~'~'' Area2 1466-1 Exhibit A-2 Exhibi4 A-3 Exhibit A-4 to- I Property Description Reclassification No. 2007-00196 Scale: Graphic Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Q.S. No. 107 Subjed Property KATELLA AVENUE K 0 250 50~ Poet Exhibit B-2 m w ~ a so7' z a U Area~2. ~; zoo' ~~ ~ Area~1~ ~~ ~ ~' Area 3 y . m ®1N 1 ~- 275 ' ~ 326' -mi KATELLA AVE Property Description Reclassification No. 2007-00196 Scale: 1" = 200' Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Q.S. No. 97 Subject Properties -s'=;.~;~' Area 1: C-G to C-G (PTMU) Area 2;1 to I (PTMU) Area 3: 0-L b O-L (PTMU) 2439 45 Exhibit B-3 Property Description Reclassification No. 2007-00196 Scale: Graphic Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Q.S. No. 98/106 Subjed Property .,`~~'~`~ 1 to I (PTMU) ~1,~ ~ GeNE AuTS'zv W~v J -~Y /~ w..®..®..®,.®?1'®cit~ofA;®hei® B®::da7: e.®..®..®..,~..®.e®. //Y//N\\V\\ a Property Description Reclassification No. 2007-00196 Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Subject Properties „ ~~~~ Area 1: I to I (PTMU) Ate 2: O-L to O-L (PTMU) Scale: 1" = 200' Q.S. No. 108 45 ORANGEWOOD AVENUE Property Description Reclassification No. 2007-00196 Scale: 1" = 250' Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone O:S. No. 108 Subject Properties Area 1: I to I (PTMU) Ala 2: C-G to GG (PTMU) _' Area 3: O-L to O-L (PTMU) Property Description Reclassification No. 2007-00196 Scale: 1" = 200' Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Q.S. No. 127/128 Subject Property f Area: T to T (PTMU) ~ i i i ~ / ~% F~chibit B-7 Property Description Reclassification No. 2007-00196 Scale: 1" = 300' Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Q,S. No. 126/127 Sub'ect Properties ' Area 1: I to I {PTMU) - ~ ~ Area 2: O-H to O-H (PTMU) Exhibit B-8 Property Description Reclassification No.2007-00196 Scale: Graphic Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Q,S. No, 117 Sub'ect Properties ~' ~ Area 1: I to I (PTMU) Area 2: O-H to O-H (PTMU) 45 O[DRAFT] ATTACHMENT NO. 7 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND THE PLATINUM TRIANGLE MASTER LAND USE PLAN ` (MISCELLANEOUS CASE NO: 2007-00188) WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR-57 Freeway 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 SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in "Figure LU-5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and. WHEREAS, the adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision for The Platinum Triangle including providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed-use projects integrating retail, office and higher density residential land uses; encouraging a regional inter-modal transportation hub in proximity to - Angel Stadium of Anaheim; maximizing and capitalizing upon the view comdor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River; developing a comprehensive Mixed-Use Overlay Zone. and Design Guidelines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and. arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense ofarrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive property. management agreements for multiple-family residential projects to ensure proper maintenance as the area develops; and, identifying and pursuing opportunities for open space areas that serve the recreational needs of The Platinum Triangle residents and employees; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan (hereinafter "PTMLUP") by Resolution. No. 2004-178 .and The Platinum Triangle Standardized Development Agreement by Resolution 1- PC2007-XXX No. 2004-179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone (hereinafter "PTMU Overlay Zone") by Ordinance No. 5935; and WHEREAS, the PTMLUP provides for the implementation of the General Plan vision, goals and policies for The Platinum Triangle and serves as a blueprint for future - development and street improvements within The Platinum Triangle, including setting forth planning principles, development intensities, conceptual street, park and potential new signalized intersection locations and streetscape designs including, but not limited to, landscaping, lighting fixtures and street furniture and identifying the existing Amtrak/Metrolink Station and the conceptual Anaheim Regional Transportation Intermodal Center (ARTIC) location; and WHEREAS, on February 13, 2007, the City Council initiated {i) General Plan Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007-00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle (herein collectively referred tows the "Project"); and WHEREAS, said amendment to The Platinum Triangle Master Land Use Plan proposes to (i) reflect the proposed General Plan amendments; (ii) adjust the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone to create the Orangewood, ARTIC and Office Districts and expand the Katella District; (iii) replace Updated and Modified Mitigation Monitoring Program No. 106A with Updated and Modified Mitigation Monitoring Program No. 106B; and (iv) reflect technical refinements and clarifications including, but not limited to, refinements to street cross-sections, density descriptions and exhibits, which amendments are on file with the Planning Department and incorporated herein by this reference as if set forth in full; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against an amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007- 00188) and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That, by Resolution No. PC2007-XX, the Planning Commission has recommended that City Council approve an amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188) to (i) reflect the proposed Genera] Plan amendments; (ii) adjust the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone to create the Orangewood, ARTIC and Office Districts and expand the Katella District; (iii) replace Updated and Modified Mitigation Monitoring Program No. 106A with Updated .and Modified Mitigation -2- PC2005-121 Monitoring Frogram No. 106B; and (iv) reflect technical refinements and clarifications including, but not limited to, refinements to street cross-sections, density descriptions and exhibits. 2. That the proposed amendment to The Platinum Triangle Master Land Use Plan is - - consistent with the goals and policies for the development of The Platinum Triangle as set forth in the City of Anaheim General Plan. 3. That the proposed amendment to The Platinum Triangle Master Land Use Plan is consistent with the goals and policies set forth in The Platinum Triangle Master Land Use Plan. 4. That the proposed amendment to The Platinum Triangle Master Land Use Plan will result in development of desirable character that will be compatible with proposed development in the .surrounding area. 5. That the proposed amendment to The Platinum Triangle Master Land Use Plan. respects environmental, aesthetic and historic resources consistent with economic realities. 6. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to subject petition. A person spoke about issues and a person spoke with concerns pertaining to the subject request, and a letter of concern was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposed amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188), and did find and determine and recommend, by its Resolution, that the City Council, based upon its independent review of Final Supplemental Environmental Impact Report No. 334 ("Final SEIR"), and unless additional or contrary information is received during the City Council's public hearing on the. Project, certify the Final SEIR and adopt the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, a copy of each of which is on file with the Planning Department and which are incorporated herein by this reference as if set forth in full, and determine that said Final SEIR, together with the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for said amendment to The Platinum Triangle Master Land Use Plan, and that no further environmental documentation need be prepared for said amendment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby recommend that the City Council amend The Platinum Triangle Master Land Use Plan as set forth in this Resolution. BE IT FURTHER RESOLVED that this amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188) is granted subject to the approval -3- PC2005-121 and adoption of General Plan Amendment No. 2007-00454, Zoning Code Amendment No. 2007- 00056 and Reclassi£cation No. 2007-00196, now pending. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 2007. Said resolution is subject to the appeal provisions set forth in- ----- Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary ofthe Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 10, 2007, by the following vote of the members thereof: AYES`. COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ~ day ofDecember 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005-121 Subsequent EIR No. 2006-00334 Date: December 10, 2007 General Plan Amendment No. 2007-00454 Reclassification No. 2007-00196 Zoning Code Amendment No. 2007-00056 Miscellaneous Case Nos. 2007-00188, 2007-00203, 2007-00218 Requested By: CITY OF ANAHEIM The Platinum Triangle 2439-43 ~ ®~The Platinum Triangle ~®lhe City ofAnaheim Boundary,. Subsequent EIR No. 2006-00334 Date: December 10, 2007 General Plan Amendment No. 2007-00454 Reclassification. No.'2007-00198 Zoning Code Amendment No. 2007-00056 h/liscellaneous Case Nos. 2007-00188, 2007-00203, 2007-00218 Requested Ry: CITY OF ANAHEfM The Platinum Triangle 2439-43 Item No. B 1 RCL 2004-00126 RCL 89.00-15 RCL 66-67-36 RCL 60-61-113 RCL 55-Sfi-19 RCL 54-55-42 CUP 2001-04364 IND. FIRMS I RCL 99-00-15 RCL 54-55-42 CUP 1455 UNDER VAR 4123 CONSTR. WAREHOUSING AND STORAGE WRIGHT CIRCLE MIXED USE ' /~-- OVERLAYZONE / RCL fie~67 74E ' 1 `:kRDL 56-Sfi-iB RCL 66-67-36 -"RCL 54-55-02' RCL 60-61-113 ' CUP 2273 ~ RCL 99-00-15 ! CUP 2873 ' ~. IND. FIRMS C . RCL 66-87-14 , '' ~ I (PTMU) I (PTMU) RCL 55-56 9 RCL 99-09-is RCL 66-67-14 .CUP 2007-05248" . ' ~ RCL 2004-00129 RCL 2004-00129 TAIL/OFFICE USE RCL 55-56-19 DAG 2007-ODOD2< " ; " RCL 99-00-15 RCL 99-00-15 RCL 54-55-42 TTM 171a6 RCL 66-67-14 RCL 66-67-14 IND. FIRMS ~ RCL 54-55-42 RCL 54-55-42 . ~ ,. ' ' RCt 55-56-19 RCL 55-56-19 CUP 2185 VAR 3775 CUP 1971 VAR 4304 DAG 2p05-00003 ' I ~~ RCL 99-00-15 , ~ VAR 3146 S DAG 2005-00002 DAG 2005-00001 ' RCL fib4i7-14 ~' ~ DAG 2005-00007 T-FSP 2007-p0012 RCL 55-56-19 FSP 2005-00006 , RCL 5435-02 ~.. r UNDER FSP 2004-00007 '- VAR 2019 ~ CONSTRUCTION UNDER CUP 847 CONSTRUCTION RESTAURANTS ®e ®e ®m ®e ®e ®e ®e ®e ®o 0 656' fo Lewis SL ~- 306' -®{ ~ _ KATELLA AVENUE B e®e~ e®m®o®e® I ~ PL4TINUM TRIANGLE m RCL 99-00-15 M/XEO USE RCL fib-67-14 I(PTMU) OVERLAY ZONE RCL 65-66-64 R0. 2965-90164 RCL 2005-00164 c 8 CUP 1670 RCL 98-00-15 1 (PTMU) CUP 1567 RCL 66.67-14 RCL 2004-00129 ADJ 2003-00236 _ , ~ RCL Sfi-57-93: RCL 99-00-15 DAG 67-Oi RCL 99-00-15 CUP 575. UNDER RCL 67-BB-14 FSP 2007-00006 o C'N RCL 6867-14 (RCL 70-71-04) CONSTRUCTION RCL 66-67-14 .~-. ~ CUP 1670 (CUP 2006-05117) RCL 56-57-93 e (CUP 61 fi) CUP 2007.05227 (RCL 70-71-04) UNDER CUP 2006-05116 (CUP 2006-05117) y CONSTRUCTION CUP 2002-04544 (CUP 1884) / ^ ~. CUP 2946 (CUP 1065) ~ , CUP 2134 (CUP 616) CUP 1B79 UNDER m CUP 1842 CONSTRUCTI e /~ m ~ RCL 99-0D-15 / ` E CUP 1670 ///'~\\ U o VACANT / J~ N Conditional Use Permit No. 2007-05248 Subject Property Development Agreement No. 2007-00002 Date: December 10, 2007 Tentative Tract Map No. 17186 Scale: 1" = 200' Requested By: RONALD W. MARSHALL AND DEBORAH L. MARSHALL TRUST O•S. No. 107 THE MARSHALL FAMILY TRUST 1005-1105 East Katella Avenue lpaza Aerial Photo: July 2006 Conditional Use Permit No. 2007-05248 Development Agreement No. 2007-00002 Tentative Tract Map No. 17185 Subject Property Requested By: RONALD W. MARSHALL AIdD DEBORAH L. MARSHALL TRUST, THE MARSHALL FAMILY TRUST 1005-1105 East Katella Avenue Date: December 10, 2007 Scale: 1" = 200' Q.S. No. 107 ioaza ITEM N0.8 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim 81vd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 wvnv.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: DECEMBER 10; 2007 FROM: ,PLANNING SERVICES MANAGER SUBJECT: ''CONDITIONAL USE PERMIT NO.2007-05248 DEVELOPMENT AGREEMENT N0.2007-00002 '' TENTATIVE TRACT MAP NO. 17186 LOCATION: 1005 - 1105 East Katella Avenue APPLICANT/PROPERTYQWNER: The applicant is John Stanek with Integral Partners; representing the Ronald W Mazshall and Deborah L. Mazshall Trust; the Mazshall Family Trust; and See Development Limited Partnership. REQUEST: The applicant requests approval of the Platinum Vistaproject a 327-unit residential condominium projecTwith a 9,500 square foot full service restaurant with an outdoor dining area. RECOMMENDATION: Staff recommends that the Commission take the following' actions: (a) By motion; determine and recommend that the City Council determine that SEIR No. 334 serve as the appropriate environmental documentation. (b) By resolution; approve Conditional Use Pemiit No: 2007-05248; (c) Byresolution; recommend to the City CouncilthatDevelopment Agreement No. 2007-00002 be approved'and entered into between the City of Anaheim and the Ronald W; Marshall and Deborah L: Marshall Trust; the Mazshall Family Trust; and See Development Limited Partnership. (d) ! By resolution; approve Tentative Tract Map No. 17186; (e) By motion; recommend City Council review'of Conditional Use Permit No. 2007-05248and Tentative Tract Map No: 17186. BACKGROUND: This`property.is cun•ently'developed with two rndustrial buildings and the Mr. Stox restaurant. It islocated in The Platinum Triangle; within he Industrial (I) zone with a resolution of intent to the Office High (O-H) zonei The General Plan designates this property and properties to the west for Office High land'uses and -< properties to the east for Mixed Use land uses, CONDITIONAL USE PERMIT N0.2007-05248 DecemtierlQ2007 Pagc 2 of 4 SEIR No. 334 is scheduled for Planning Commission consideration on this agenda, in '' conjunction with a general plan amendment, amendments to the Platinum Triangle Master Land Use Plan, zoning reclassifications, and associatedactions. These actions would amend the _ , General Plan designation for this property from Office High to Mixed Use, rescind the resolution of intent to the Office High zone and reclassify the property from the Industrial zone to the. Industrial, PTMU Overlay (I(PTMU) Overlay) zone: The property is also proposed to be located in the PTMU Overlay, Katella District with'a density that would"allow the proposed uses. Approval of these actions aze necessary: prior to City Council consideration of a development agreement for this project. Conditional Use Permit No. 847 (to permit a restaurant and cocktail lounge - Mr: Stox) was approved by the Planning Commission on June 28, 1966. PROPOSAL:. The applicant proposes to construct a 5-story, mixed use: project with 327 residential units,and a 9,500. squaze foot restaurant with outdoor dining azea, including the sale and consumption of alcoholic beverages.. The projecYis designedas a podium stylebuilding constructed above a subterranean pazking structure. The project includes indoor and outdoor recreation areas with amenities: including a fitness room, business center, club room,. media .room, pool„spa, outdoor fireplace, bazbeques, water features and fountains. The applicant also proposes a tentative tract map fora 2-lot (1 lettered lot and 1 numbered lot) residential condominium subdivision. Please seethe attached Project Summary table for further information. ANALYSIS: The project has been evaluated against applicable development standazds and is in compliance.. Following is staff's analysis and recommendations on the requested project. Issue: Planning Commission Review of Development Agreement: The Platinum Triangle Mixed Use Overlay zone permits the development of mixed uses subject to the property owner entering into a standazd Development Agreement with the City. The Commission's role in reviewing the development agreement: is to consider the land use implications of the proposed .development. Commission is required to make a recommendation to Council that it has determined that the. project meets the following standards: that the project incompatible with the General Plan, including the goals, policies, and objectives for The Platinum Triangle; that the project is compatible with the orderly development of property in the surrounding azea; and that the project will not be detrimental to the: health and safety of the citizens of Anaheim. Staff has .reviewed the submitted Development Agreement and has found hat it complies with the General Plan goals, policies and objectives for The Platinum Triangle and the Platinum Triangle PTMU Overlay, Katella District requirements as proposed for amendment on this agenda.:. The. Agreement: includes Final. Site Plan No. 2007-00011, consisting of the proposed project site plan, elevations, landscape plans, recreational areas and a color and material boazd, The Final. Site Plan was reviewed and recommended for approval by the City's azchitectural consultant. On!December 3 2007, the Planning Director.. approved the Final Site Plan, subject to the approval of the Platinum Triangle Expansion items on this agenda and the proposed CONDITIONAL USE PERMIT NO. 2007-05248 December IQ, 2007 Page 3 °f 4 conditional use permit and development agreement. The approved Final Site Plan'is attached as Exhibit "B" to the Development Agreement. Issue: Conditional Use Permit: The applicant requests .approval of a conditional use permit to permit the on-premise sale and consumption of alcoholic beverages within the proposed restaurant. This conditional use permit would replace an existing permit for a cocktail lounge for the existing Mr. Stox restaurant. The Police Department indicates that this property is located within Reporting District 2027, which has a crime rate of 37% percent below the City-wide average: dt is also within census tract number 863.03, which has a population of 4,546< Based on this population, S on-sale Alcoholic Beverage Control licenses aze permitted, and 291icenses'cunentlyeist. The census tract. population does not reflect. the increase in the residential population that will occur with the implementation of Platinum Triangle projects: The Police Department would deny this request due to the over-concentration of licenses, however, they do not feel that this request would -. negatively impact the surrounding businesses or neighborhoods. In the event that the Commission approves this request, specific conditions of approval have been incorporated into the conditional use permit based on recommendations of the Police Department. Issue: Coordination with Platinum Gateway and Platinum Triangle Condominiums projects: The final site plan and internal street system for the project have been designed in coordination with the adjacent proposed Platinum Gateway project located immediately to the west of the project and the approved Platinum Triangle Condominiums project located to the east of the project. The proposed street ("Lot A") will initially be constructed as a private cuFde-sac and serve as the primary residential, commercial and emergency vehiculaz access to the project. Lot A will be developed to public connector street standards on the east side, including curb, gutter, sidewalk and parkway. The west side of the street will be completed in conjunction with development of the Platinum Gateway project. The interim street condition requires an easement on the adjacent Platinum Gateway property for vehiculaz turn-azound purposes: This easement. will not affect the operation of current industrial uses on that property. The street will become a public street upon completion of street improvements and will connect to a planned signalized intersection at Lewis Street. An emergency vehiculaz access (EVA) drive is adjacent to the eastern property line of the proposed project as part of the design for the adjacent Platinum Triangle Condominiums project: The applicant has entered into an agreement with the adjacent property owner for the use of the EVA to serve this project, thereby eliminating the need for a separate EVA on the property. CONCLUSION: The proposed Platinum Vista project is in conformance with the PTMLUP and PTMU Overlay Zone and will contribute to the goals of The Platinum Triangle as set forth in the General Plan, as proposed for amendment as part of SEIR No. 334 and its associated actions. Therefore, staff recommends approval of this request. CONDITIONAL USE FERMifi N0.2007-05248 December 10, 2007 Page 4 of 4 Respectfully submitted, ; Concurred by, ~~l ~~~u~ ~ II~ ~..~ _ Principal Planner Planning Services Manager Attachments '~ , 1. Project Summary 2. Draft Resolution - Conditional Use Permit 3. Draft Resolution =Development Agreement 4. DraftResolution-.TentativeTractMap The following attachment was provided to the Planning Commission and is available for public review at the Planning Services Division at City Hall. 5. Development Agreement No. 2007-00002 (CD)' 6. Final Site Plans ATTACFIli~iE1VT 1 Pla®~CT SUNLIVIA1tI' Ci1P 2007-05248, DAG 2007-00002, TTNt 17186 Development Standard Proposed Project PTMU ®verlay Standards Site Area 4.6 acres N/A Minimum Parkin 670 694 Minimum Landscaping Adjacent to Katella Avenue 4 feet (20% of setback) 20% of setback azea Adjacent to Connector Street 4.5 - 10 feet 3 feet, in front of patio Side (east property line) 5 feet 3 feet, in front of patio Reaz 13 feet 5 feet Minimum Building Setback Adjacent to Katella Avenue 20 feet 18 feet Adjacent to Connector Street 10 - 16 feet 10 feet Side (east property line) 12 - 17 feet 10 feet Reaz 16 - 26 feet 5 feet Maximum Lot Covera e 69% 75% Maximum Density U/AC) 71 100 Minimum Floor Area 1 Bedroom 718 square feet 650 square feet 2 Bedroom 1,114 squaze feet 825 squaze feet 3 Bedroom 1,706 s ware feet 1,000 s uaze feet Minimum Recreation Leisure 231 feet 200 feet Area er unit Maximum Buildin Height 60 feet 100 feet [DRAFT) ATTACHMENT 2 RESOLUTION NO. PC2007- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION GRANTING CONDITIONAL USE PERMIT NO. 2007-05248 (1005 - 1105 EAST KATELLA AVENUE) - -- WHEREAS, on Februazy 13, 2007, the City Council initiated (i) General Plane Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Flan (MIS2007-00188); (iv) Reclassification No: 2007- 00196; (v) an amendment to The Platinum Triangle Standazdized Development Agreement. (MIS2007-00203); and (vi) further discretionazy actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle (herein collectively referred to as the "Platinum Triangle Expansion Project"); and WHEREAS, the "Platinum Triangle Expansion Project" is pending Commission consideration on the same agenda as this request, and further, that the City Council is scheduled to consider the "Platinum Triangle Expansion Project" on December 11, 2007; and WHEREAS, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, Section 18.20.030.010 of Chapter 18.20 of the Anaheim Municipal Code, allows full service restaurants with on-premise sales .and consumption of alcoholic beverages subject to the approval of a conditional use permit. WHEREAS; the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in The Platinum Triangle azea of the City of Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007 at 2:30 p.m., notice of said public heazing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and .after due consideration of all evidence and reports offered at said heazing, does find and determine the following facts: 1. That the request to permit a full service restaurant with on-premise sale and consumption of alcoholic beverages is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.030 for this property, as proposed for reclassification by the "Platinum Triangle Expansion Project" actions. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the azea in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses, and will further provide a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum -1- PC2007- Triangle Master Land Use Plan (PTMLUP), as proposed for amendment by the "Platinum Triangle Expansion Project" actions. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particulaz azea or to health and safety of the citizens of the City of Anaheim. 4. That, with implementation of the mitigation measures set forth in FSEIR No..334 and Mitigation Monitoring Plan No. 149, the approval of the proposed full-service restaurant with on-premise sales and consumption of alcoholic beverages will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the azea. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at said public heazing in opposition; and that *** letters were received expressing concerns with the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and does find and determine, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for the Conditional Use Permit, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public heazing, that previously-certified FSEIR No. 334, together with Mitigation Monitoring. Plan No. 149, aze adequate to serve as the required environmental documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Conditional Use Permit No. 2007-05248, upon the conditions attached hereto as Exhibit "B" and incorporated herein by this reference, and which aze hereby found to be a necessazy prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon .applicant's compliance with each and all of the conditions herein set forth. Should any such condition, or any part thereof, be declazed 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. AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for paying all chazges related to the processing of this discretionary case application. within 15 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure. to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application: -2- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 10, 2007, by the following vote of the members thereof; AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA PARCEL 2: PARCEL 2, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. -4- PC2007- EXf~BI'T "J3" CONDITIONAL USE PERMIT N0.2007-05248 Conditions of Approval COA/ Responsible for MMP Conditions of Approval Monitoring s g / ~ ~ # r ~ . BiI~DIZV~PL+`RML~'S- PRIOR T~dSSU~CE'~F TlldIINC r ~ , r r.y f^ f < ~ / r .a~i ..[ '1 .. ..,: i. ,.....,1 ~. i.. ee~~s ~{mt.s.i. .~~ . - v5~. x.4 ~.. .. ~ el i. ,r .. ~:' x y . i,. COA 1 Plans submitted for building permits shall contain a note that there shall be no PoliceBuilding public telephones on the property that aze located outside the building. COA 2 Plans submitted for building permits shall indicate that all doors serving subject PoliceBuilding restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and incases of emergency. COA 3 Plans submitted for building permits shall show lighting to be directed, positioned PoliceBuilding and shielded in such a manner so as not to unreasonably illuminate the windows of neazby residences. COA 4 That plans submitted for building permits shall show that the pazking structure PoliceBuilding serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appeazance and conduct of all persons on or about the parking lot. COA 5 That the property owner/developer shall submit a letter to the Planning Planning Department, Planning Services Division requesting the termination of Conditional Use Permit No. 847. ,: //ll.]].±± yy~~F lTIiNL~~ t ~, i c< v r Fs tce trr .~+'Y' a,u~~ s ~ Pt i }~~fr^F ~5~.-~,-` }9ae.~~f ~I ~,ufe. f'~~n~3'z+ay'~S+RiS=' X49GY.k`¢~ ~aF s„.~''~~.:/ ~~$,+tS 1t5 `• ~ .~ + ~'s t ~1 H ~ .£. `k R.i'SC l~M1.. Gq- ~~ /_` "{eYK~CJ'•'fi '.~ Y ` a "~ .: ~KN l ,. F. . i i h; , r . t `~i9~ ~ e Y3~~'.~'"b &L~ 'x„rs 4n?„ Hd "*' ` ik ' ~?~"k'~~?: ~7~:b ~ ~~ `~ g` ' F - ~ ~" ' " ' ~ ~? t "i sw i s ~ ~ :- .: ~ ,.r r . , s. ~ , . k. s:,.,: , , .~ ,. r-,. 3. <, COA 6 Any and all security officers provided shall comply with all State and Local Police/Code ordinances regulating their services, including, without Umitation, Chapter 11.5 . Enforcement of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code). COA 7 At all times that entertainment or dancing is permitted, security measures shall be Police/Code provided to the satisfaction of the Anaheim Police Department to deter unlawful Enforcement conduct on the art of em loyees or atrons, and romote the safe and orderly -5- PC2007- COA/ Responsible for MMP Conditions of Approval Monitoring assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the `" premises. COA 8 That the business operator shall comply with Section 24200.5 of the Business and Police/Code Profession Code so as not to employ or permit any persons to solicit or encourage Enforcement others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. COA 9 That there shall be no admission fee, cover chazge, nor minimum purchase Police/Code required. Enforcement COA 10 That subject alcoholic beverage license shall not be exchanged for a public Police/Code premise (bar) type license nor shall the establishment be operated as a public Enforcement premise as defined in Section 23039 of the Business and Professions Code. COA 11 The activities occurring in conjunction with the operation of this establishment Police/Code shall not cause noise disturbance to surrounding properties. Enforcement COA 12 There shall be no exterior advertising of any kind or type, including advertising Police/Code directed to the exterior from within, promoting or indicating the availability of Enforcement alcoholic beverages. COA 13 The sale of alcoholic beverages for consumption off the premise shall be Police/Code prohibited. Enforcement COA 14 The gross sales of alcoholic beverages shall not exceed 40 percent of the .gross Police/Code sales of all retail sales during any three (3) month period. The applicant shall Enforcement maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. COA 15 There shall be no pool tables or amusement devices maintained upon the premises Police/Code at any time unless the proper permits have been obtained from the City of Enforcement Anaheim. -6- PC2007- COA/ Responsible for MMP Conditions of Approval Monitoring COA 16 Petitioner shall not share any profits, or pay any percentage or commission to a Police/Code promoter or any other person, based upon monies collected as a door charge, Enforcement cover charge, or any other form of admission chazge, including minimum drink orders, or the sale of drinks. COA 17 At all times when the premise is open for business, valet pazking service shall be Code provided. Enforcement COA 18 At all times when the premise is open for business, the premise shall be Police/Code maintained as a bona fide restaurant and shall provide a menu containing an Enforcement assortment of foods normally offered in such restaurant. COA 19 That timing for compliance with conditions of approval may be amended by the Planning Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. COA 20 That on-going during project operation, the property shall be permanently Planning maintained in an orderly fashion through the provision of regulaz landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty- four (24) hours from the time of discovery. COA 21 That approval of this application constitutes approval of the proposed request Planning only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. COA 22 That extensions for further time to complete conditions of approval may be Planning granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. COA 23 That this Conditional Use Permit is granted expressly conditioned upon approval Planning of Development Agreement No. 2007-00002 and Tentative Tract Map No. 17186. -7- PC2007- [DRAFT) ATTACHMENT 3 RESOLUTION NO. PC2007- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF --- DEVELOPMENTAGREEMENT NO. 2007-00002 BY AND BETWEEN THE CITY OF ANAHEIM AND RONALD W. MARSHALL AND DEBORAH L. MARSHALL TRUST, THE MARSHALL FAMILY TRUST, AND SEE DEVELOPMENT LIMITED PARTNERSHIP, AND MAKING CERTAIN FINDINGS. RELATED THERETO (1005 - 1105 EAST KATELLA AVENUE} WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65 $64) of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city, heretofore enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") on November 23, 1982, making the City subject to the Statute; and WFIEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and. WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre azea generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ("The Platinum Triangle"); and WHEREAS, in order to carry out the goals and polices of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and WHEREAS, to further implement the goals and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standazds for the Platinum ,,_ Triangle Mixed Use (PTMU) Overlay Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and seventy-five acres„within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality, well-designed development projects'that could be stand-alone projects, or combined residential and non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the azea; and WHEREAS, the PTMU Overlay Zone requires a Development Agreement between the property owner and the City of Anaheim to implement all development in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under Code;. and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004- 179, approving the form of the Standazd Development Agreement for the PTMU Overlay Zone; and WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation Monitoring Program No. 106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standazdized Development Agreement, Miscellaneous Case No. 2005-00115 to rescind, in part, the Resolution of Intent pertaining to reclassification of the North Net Training Center site .and Reclassification No. 2004-00134; and WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan. Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007- 00146; (v) an amendment to The Platinum Triangle Standazdized Development Agreement (MIS2007-00203); and (vi) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle (herein collectively referred to as the "Platinum Triangle Expansion Project"); and WHEREAS, the "Platinum Triangle Expansion Project" is pending Commission consideration on the same agenda as this request, and further, that the City Council is scheduled to consider the "Platinum Triangle Expansion Project" on December 11, 2007; and WHEREAS, on October 16, 2007, pursuant to the Statute, the Enabling Ordinance,. and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), Integral Partners, representing Ronald W. Mazshall and Deborah L. Mazshall Trust, The Mazshall Family Trust, and See Development Limited Partnership (hereinafter "Applicant"), PC2007- submitted an application to the Planning Department for approval of Development Agreement No. 2007-00002 (hereinafter the "Application"), which included a proposed development agreement (hereinafter the "Development Agreement") prepazed in conformance with the Standazd Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Platinum Vista Project; and WHEREAS, in conjunction with the Development Agreement, the Applicant-also requested .approval of Conditional Use Permit No. 2007-05248 and Tentative Tract Map No. 17186; and WHEREAS, the Development Agreement pertains to approximately 4.6 acres of real property in the City of Anaheim, owned by the Applicant, commonly known as 1005 through 1105 East Katella Avenue, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "Property"), which is located in The Platinum Triangle and within the Industrial (I) zone and the Katella District of the PTMU Overlay as proposed for reclassification as part of the Platinum Triangle Expansion Project; and WHEREAS, the Applicant desires to develop the property with a 327 unit mixed use residential condominium project with a 9,500 square foot full-service restaurant with outdoor dining azea., as more particulazly set forth in Exhibit "B" of the Development Agreement (the "Final Site Plan"), Conditional Use Permit No.2007-05248, and Tentative Tract Map No. 17186 (hereinafter collectively referred to as the "Platinum Vista Project"); WHEREAS, on December 3, 2007, the Planning Director approved Final Site Plan No. 2007-00011 to provide for the development of the Platinum Vista Project, contingent upon the approval of the Platinum Triangle Expansion Project, Development Agreement No. 2007-00002 and Tentative Tract Map No. 17186; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Development. Agreement and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of a mixed use project containing 327 residential condominiums and a 9,500 squaze foot full-service restaurant with outdoor dining azea within a period of not more than five (5) years; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said heazing, does find and determine that the Development Agreement meets the following standards set forth in the Procedures Resolution: 3 PC2007- That the Project is consistent with the City's General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan, as proposed for amendment as part of the Platinum Triangle Expansion Project. 2. That the Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the PTMU Overlay.Zone requirements, as proposed for amendment as part of the Platinum Triangle Expansion Project; and as set forth in the Master Site Plan, Conditional Use Permit 2007-05248 and Tentative Tract Map No. 16186. That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements, as proposed for amendment as part of the Platinum Triangle Expansion Project, and has been coordinated and designed to be compatible with the adjacent proposed Platinum Gateway project. 4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with its chazter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That *** indicated their presence at said public hearing in opposition; and that *** letters were received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planzung Commission has reviewed the proposal; and did fmd and determine pursuant to the provisions of the Califomia Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for the Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public heazing, that FSEIR No. 334 with Mitigation Monitoring Plan No. 149, aze adequate to serve as the required environmental documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the Application and the Development Agreement, contingent upon Council approval of the Platinum Triangle Expansion Project. 4 PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 2007. CHAIRMAN, ANAHEIM PLANNING COMMISSION -•- ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 10, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of X007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 5 PC2007- EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY: PARCEL 1: PARCEL I, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,,. AS SHOWN ON A MAP FILED IN BOOK 11 I, PAGES 40 TO 42 INCLUSNE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA PARCEL 2: PARCEL 2, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. 6 PC2007- [DRAFT] ATTACHMENT 4 RESOLUTION NO. PC2007- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR TENTATIVE TRACT MAP NO. 17186 BE GRANTED - --- (]005- 1105 EAST KATELLA AVENUE) WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan Amendment No. 2007-00454; (ii) Zoning Code Amendment No. 2007-00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007-00188); (iv) Reclassification No. 2007- 00196; (v) an amendment to The Platinum Triangle Standazdized Development Agreement (MIS2007-00203); and {vi) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle (herein collectively referred to as the "Platinum Triangle Expansion Project"); and WHEREAS, the "Platinum Triangle Expansion Project" is pending Commission consideration on the same agenda as this request, and further, that the City Council is scheduled to consider the "Platinum Triangle Expansion Project" on December 11, 2007; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Tentative Tract Map for certain real property situated in The Platinum Triangle azea of the City of Anaheim, County of Orange, State of California, as more particulazly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 10, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed tentative tract map and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said heazing, does find and determine the following facts: 1. That the proposed tentative tract map, including its design and improvements, is consistent with the Anaheim General Plan and The Platinum Triangle Master Land Use Plan, as proposed for amendment as part of the Platinum Triangle Expansion Project. 2. That the site is physically suitable for the proposed type of development at the proposed density and therefore would not cause public health or safety problems or environmental damage. 3. That *** indicated their presence at said public hearing in opposition; and that *** letters were received in opposition to the subject petition. -f- PC2007-137 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and did find and determine pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for the proposal and the requirements of CEQA, including Section 21166 of the California Public Resources Code and _ _. _. Section I S ] 62 of the CEQA Guidelines, and the evidence received at the public heazing, that FSEIR No. 334, together with Mitigation Monitoring Plan No. 149, aze adequate to serve as the required environmental documentation for this proposal and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepazed for this tentative tract map. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Tentative Tract Map, upon the conditions attached hereto as Exhibit "B" and incorporated herein by this reference, which aze hereby found to be a necessazy prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. 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, BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the approval of the final map for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the approval of the final map or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event ofan appeal CHAIItMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _2_ PC2007-137 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 10, 2007 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007-137 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA PARCEL 2: PARCEL 2, IN THE CITY OF ANAHEIM. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. -4- PC2007-137 E7~IIBIT "B" TENTATIVE TRACT N1AP N®. 17156 Conditions of Approval. COA/ Responsible for MMP Conditions of Approval Monitoring TIIRYPNG TRACT~ ~ t I'RIOld Tm4PPdtQT~A~ ®g'T~~ '=. 3 l ~' *' f ~ i ~ ~ ~ ~ ~j f $ a.. . e ;- '~' F/ .iy/l ry t ..c ' rv'a , v3f 5~ E M _ " 2 '4 a' . .. ._ ....... . .. r .. .~... .,. . .e .... ~ ~. ~ w.. 't -rnv ., i... , . COA 1 ' That street names for new public or interim private streets shall be reviewed and ' Building approved.. COA 2 The property owner/developer shall be responsible for ensuring that all existing Building - - structures within the boundazies of the Final Tract Map shall be demolished. The property owner/developer shall obtain a demolition permit from the Building , Division of the Plamung Department. Plans submitted for the demolition permit shall include a demolition recycling plan which has been reviewed and approved pW -Sanitation by the Public Works Deparhnent, Streets and Sanitation Division. The demolition recycling plan shall indicate type of material to be demolished, anticipated tonnage diverted and anticipated tonnage landfilled. Inert demolition material (dirt, concrete, masonry, asphalt,. etc.) shall be disposed of in an inert reclamation site, , or diverted by other means rather than landfilled. COA 3 That the Final Tract Map shall encompass the entire 4.6-acre project site and shall pW -Dev Svcs include irrevocable offers of dedication, including necessary construction easements and easements for street, public utility and other public purposes, for. the ultimate right-of--way improvements for the azterial highways and connector streets along the project site frontage listed below and identified in these conditions of approval; 1. Katella Avenue 2. Private Street/Future Connector Street within the Final Site Flan boundaries (Connector Street "Lot A") as shown on the Tentative Tract Map for "Public Utility and Emergency Purposes including Ingress and Egress Rights for Maintenance Purposes. Irrevocable offers of dedication shall be made prior to recordation of the Final Tract Map.. COA 4 The property owner/developer shall record an easement for cul-de-sac driveway pW- Dev Svcs purposes on the adjacent property to the immediate west, as shown on the Tentative Tract Map and Final Site Plan. -5- PC2007-137 COA/ Responsible for MMP Conditions of Approval Monitoring COA 5 The property owner/developer shall submit mass grading, street, sewer, storm PW -Dev Svcs drain and landscape (including street tree) improvement plans for the public improvements along Katella Avenue and the private street/future connector street prepazed to the satisfaction of the City Engineer. COA 6 Improvement bonds shall be posted in amounts approved by the City Engineer and PW -Dev Svcs a form approved by the City Attomey prior to approval of the Final Tract Map. COA 7 That the property owner/developer shall post a bond to the City for all required PW -Dev Svcs sewer improvements/upgrades, including the removal of any abandoned lines and/or off site improvements. COA 8 That the property owner/developer shall execute a Subdivision Agreement, in a PW -Dev Svcs form approved by the City Attorney, to complete the required public improvements at the property owner/developer's expense. Said agreement shall be approved by the City Attorney and City Engineer and then recorded concurrently with the Final Tract Map. COA 9 That the property owner/developer shall submit a maintenance covenant (the PW -Dev Svcs "Covenant") to be approved as to form by the City Attorney's Office. The Covenant shall include provisions for maintenance of public and private facilities as identified in Exhibit "E", "Development Requirements and Maintenance Obligations" of the Development Agreement, including compliance with an approved Water Quality Management Plan, provisions for maintenance of all special surface improvements within the public right-of--way, and a maintenance exhibit showing the boundazies of the maintenance azea: COA 10 That the property owner/developer shall pay the current City of Anaheim Arterial PW -Dev Svcs Highway beautification/aesthetics impact fee. COA I 1 That the current City of Anaheim Platinum Triangle Drainage Impact Fee shall be PW -Dev Svcs paid. COA 12 That the property owner/developer shall record an agreement with the property PW -Dev Svcs owner immediately to the east for the joint use of the emergency vehiculaz access lane. -6- PC2007-137 COA/ Responsible For MMP Conditions of Approval Monitoring MM 3-3 Prior to approval of a final subdivision map or issuance of a grading or building PW -Dev Svcs permit, whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an azea served by deficient drainage facilities, as identified in The Platinum Triangle Drainage Study. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the azea or if the project currently discharges to an existing deficient storm drain system or will create a deficiency in an existing storm drain, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the azea to the satisfaction of the City Engineer and City Attorney's Office. The property owner/developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Development Mitigation within Benefit Zones (Appendix E of The Platinum Triangle Drainage Study), prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building/ structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. MM 10- The City Engineer shall review the location of each project to determine if it is PW -Dev Svcs 1 ' located within an area served by deficient sewer facilities, as identified in The Platinum Triangle Sewer Study. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner/developer shall be required to install the sanitazy sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the Benefit Parcels and Development Mitigation (Appendix D of The Platinum Triangle Sewer Study), prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building/structure, whichever occurs first. Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer study for The Platinum Triangle. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the project azea, as determined by the City Engineer, -7- PC2007-137 COA/ : Responsible for MMP Conditions of Approval Monitoring which could include fees, credits, reimbursements, construction, or a combination thereof. MM 10- Prior to approval of a final subdivision map, the property owner/developer shall PW -Sanitation 3 contact Orange County Sanitation District (OCSD) regazding sewer capacity. Additionally, if requested by the OCSD, the property owner/developer shall place up to three flow monitoring devices for up to a month to verify capacity and ensure consistency with the OCSD's modeling results. COA 13 The property owner/developer shall post a bond guazanteeing that all traffic PW -Traffic related street improvements shall be completed prior to final building and zoning inspection, including, but not limited to, directional signage, striping, and median islands. COA 14 That vehicular access rights to Katella Avenue, except at street intersections, shall PW -Dev Svcs be released and relinquished to the City of Anaheim. MM 9-5 Prior to approval of the fmal subdivision map, the property owner/developer shall PW -Dev Svcs irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of--way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Plan. COA 15 The property owner/developer shall post a bond to the City for the undergrounding .Electrical of all overhead electrical utility structures located on the property. All improvements/undergrounding shall be completed to coincide with the level of development that would require this improvement, to the satisfaction of the Anaheim Public Utilities Department and other utility companies. COA 16 The Final Tract Map shall indicate that any existing City of Anaheim public Electrical utilities easements that conflict with potential building footprints shall be abandoned. COA 17 ' The property owner shall post a bond to the City for the installation of street lights Electrical on the Connector Street. Street lights shall be in accordance with the Platinum Triangle Master Land Use Plan, as it may be amended. Street lights shall be installed prior to the first final building and zoning inspection. -8- PC2007-137 COA/ Responsible for MMP Conditions of Approval Monitoring ~.,. , GEIVEdtAL ~~' ~ ~ ~ , 4 ~ u.. .. { COA 1 ~ That this Tentative Tract Map No. 17186 is granted expressly conditioned upon Planning approval of Development Agreement No. 2007-00002. COA 19 That this Tentative 'tract Map, shall be valid for a period of time coinciding with Planning the timing set forth in Development Agreement No. 2007-00002, which provides for the Platinum Vista project to be developed within five (5) yeazs from the date of adoption of the Development Agreement. COA 20 That approval of this application constitutes approval of the proposed request only Plaruung to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. COA 21 That timing for compliance with conditions of approval may be amended by the Planning Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. COA 22 That extensions for further time to complete conditions of approval may be Planning granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -9- PC2007-137