Resolution-PC 2022-073
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RESOLUTION NO. PC2022-073
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING A FINAL SITE PLAN FOR
DEVELOPMENT AREA 'F' OF THE MASTER SITE PLAN
APPROVED IN CONNECTION WITH THAT CERTAIN
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 2005-00008C, AND MAKING
FINDINGS IN CONNECTION THEREWITH
(DEVELOPMENT PERMIT NO. 2021-00131)
(FINAL SITE PLAN)
WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 and State Route 57 ("SR-57 Freeway") freeways in the City of
Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west
of the Santa Ana River channel and the SR-57 Freeway, south of the Southern California Edison
easement, and north of the Anaheim City limit. The Platinum Triangle encompasses the Angel
Stadium, the Honda Center, the City National Grove of Anaheim, the Anaheim Regional
Transportation Intermodal Center ("ARTIC"), and surrounding residential and mixed use
development, light industrial buildings, industrial parks, distribution facilities, offices, hotels,
restaurants, and retail development; and
WHEREAS, since 1996, the City Council of the City of Anaheim ("City Council") has
approved several actions relating to the area encompassed by the Platinum Triangle; and
WHEREAS, on May 30, 1996, the City Council certified Final Environmental Impact
Report No. 320 and adopted Area Development Plan No. 120 for that portion of the Angel Stadium
property associated with the Sportstown Development. Area Development Plan No. 120 entitled
a total of 119,543 seats for new and/or renovated stadiums, 750,000 square feet of urban
entertainment/retail uses, a 500-room hotel (550,000 square feet), a 150,000-square-foot exhibition
center, 250,000 square feet of office development, and 15,570 on-site parking spaces. The Grove
of Anaheim, the Angel Stadium and the Stadium Gateway Office Building were either developed
or renovated under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan ("MLUP"). The boundaries of the MLUP were generally the same as those
for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to the
Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part of the
approval process for the MLUP, the City Council also certified Final Environmental Impact Report
No. 321 and adopted Mitigation Monitoring Program No. 106. Development within the
boundaries of the MLUP was implemented through the Sports Entertainment Overlay Zone ("SE
Overlay Zone"), which permitted current uses to continue or expand within the provisions of the
existing zoning, while providing those who may want to develop sports, entertainment, retail, and
office uses with standards appropriate to those uses, including increased land use intensity.
Implementation of the SE Overlay Zone was projected to result in a net loss of 491,303 square feet
of industrial space and increases of 1,871,285 square feet of new office space, 452,026 square feet
of new retail space, and 991,603 square feet of new hotel space. Projects that were developed under
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the SE Overlay Zone included the Ayers Hotel, the Arena Corporate Center, and the Westwood
School of Technology; and
WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide
General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle.
The General Plan Update (known as "General Plan Amendment No. 2004-00419") changed the
General Plan designations within the Platinum Triangle from Commercial Recreation and Business
Office/Mixed Use/Industrial to Mixed-Use, Office-High, Office-Low, Industrial, Open Space and
Institutional to provide opportunities for existing uses to transition to mixed-use, residential, office,
and commercial uses. The General Plan Update also established the overall maximum
development intensities for the Platinum Triangle, which permitted up to 9,175 dwelling units,
5,000,000 square feet of office space, 2,044,300 square feet of commercial uses, industrial
development at a maximum floor area ratio ("FAR") of 0.50, and institutional development at a
maximum FAR of 3.0. In addition, the square footage/seats allocated to the existing Honda Center
and all of the development intensity entitled by Area Development Plan No. 120 was incorporated
into the Platinum Triangle Mixed-Use land use designation. Final Environmental Impact Report
No. 330 ("FEIR No. 330"), which was prepared for the General Plan and Zoning Code Update and
associated actions, analyzed the aforementioned development intensities on a City-wide impact
level and adopted mitigation monitoring programs, including that certain Updated and Modified
Mitigation Monitoring Plan No. 106 for the Platinum Triangle; and
WHEREAS, on August 17, 2004 and in order to provide the implementation tools
necessary to realize the City’s new vision for the Platinum Triangle, the City Council replaced the
MLUP with the Platinum Triangle Master Land Use Plan (the "PTMLUP"), replaced the SE
Overlay Zone with the Platinum Triangle Mixed Use Overlay Zone ("PTMU Overlay Zone"),
approved the form of a Standardized Platinum Triangle Development Agreement, and approved
associated zoning reclassifications. Under those updated zoning regulations, property owners
desiring to develop under the PTMU Overlay Zone provisions were thereafter required to enter
into a standardized Development Agreement with the City of Anaheim; and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent
Environmental Impact Report No. 332 ("FSEIR No. 332"), adopted a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A to provide for the implementation of the PTMLUP, in conjunction
with its consideration and approval of General Plan Amendment No. 2004-00420, Miscellaneous
Case No. 2005-00089 and Zoning Code Amendment No. 2004-00036, which collectively allowed
for an increase in the allowable development intensities within the Platinum Triangle to 9,500
residential units, 5,000,000 square feet of office uses, and 2,254,400 square feet of commercial
uses; and
WHEREAS, also on October 25, 2005 and in response to the application of Lennar
Platinum Triangle, LLC (“Original Developer”), Don H. Watson, Trustee of the Don H. Watson
Family Trust, Julius Realty Corporation, Traffic Control Services, Inc., Joselito D. Ong and Renee
Dee Ong, Roger C. Treichler and Vicki Treichler, as Co-Trustees of the Treichler Family Trust,
the Robert Stovall Family Partnership, L.P. and Jennifer Leonard and Linda Gaffney, as tenants in
common (collectively referred to herein, along with the Original Developer, as the "Original
Owner") for entitlements allowing for the development of up to 2,681 residences with a mix of
housing types, including high rise residential towers, street townhomes, podium townhomes and
lofts, with 150,000 square feet of street-related retail commercial development, public park space
and associated infrastructure to be developed in four phases (the "Original Project") on certain real
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property consisting of approximately 43 acres and bounded by State College Boulevard on the
east, Gene Autry Way on the south, and Katella Avenue on the north (the "Property"), the City
Council determined that FSEIR No. 332, a revision to the Updated and Modified Mitigation
Monitoring Program No. 106A to add new mitigation measure MM 5.10-7 thereto, and an
Addendum to FSEIR No. 332, together with Mitigation Monitoring Plan No. 138, were,
collectively, adequate to serve as the required environmental documentation for the Original
Project and that no further environmental documentation needed to be prepared for the Original
Project and the "Original Development Approvals" (as defined below) for the Original Project;
and
WHEREAS, the entitlements for the Original Project consisted of (1) General Plan
Amendment No. 2005-00434, to amend Figure LU-4 of the Land Use Element of the General Plan
to re-designate an approximately 10.4-acre site from the "Office-High" land use designation to the
"Mixed-Use" land use designation; (2) Miscellaneous Case No. 2005-00111 to amend the
PTMLUP to incorporate an approximately 10.4-acre site into the Katella District of the PTMU
Overlay Zone; (3) Miscellaneous Case No. 2005-00116 to rescind, in part, City Council Resolution
No. 2004-00008 pertaining to Reclassification No. 2004-00127; (4) Reclassification No. 2005-
00164, to reclassify an approximately 10.4-acre site from the "I" Industrial Zone to the PTMU
Overlay Zone, meaning that the provisions of the PTMU Overlay Zone shall apply to the Property
in addition to and, where inconsistent therewith, shall supersede any regulations of the "I"
Industrial Zone; (5) Zoning Code Amendment No. 2005-00042, to incorporate an approximately
10.4-acre site into the Platinum Triangle; (5) Conditional Use Permit No. 2005-04999, permitting
residential tower structures up to 400 feet in height on a portion of the Property; (6) Development
Agreement No. 2005-0008; and (7) Tentative Tract Map No. 16859 for condominium purposes
(collectively, the “Original Development Approvals”); and
WHEREAS, on October 25, 2005, the City Council approved the Original Development
Approvals for the Original Project; thereafter, the City and the Original Owner entered into the
Original Development Agreement on or about November 8, 2005, which was recorded in the
Official Records of the County of Orange on December 13, 2005 as Instrument No.
2005000992876 (the "Original Development Agreement"); and
WHEREAS, in reliance on the Original Development Approvals, the Original Developer
constructed certain improvements on and about the Property in accordance with the design of Tract
Map No. 16859; and
WHEREAS, following the certification of FSEIR No. 332, the City Council approved two
addenda to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle intensity
by 67 residential units, 55,550 square feet of office development, and 10,000 square feet of
commercial uses. A project Environmental Impact Report was also approved to increase the
allowable development intensities by an additional 699 residential units to bring the total allowable
development intensity within the Platinum Triangle up to 10,266 residential units, 5,055,550
square feet of office uses, and 2,264,400 square feet of commercial uses; and
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WHEREAS, on February 13, 2007, the City embarked upon a process to amend the General
Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized Development
Agreement, and related zoning reclassifications to increase the allowable development intensities
within the Platinum Triangle to up to 18,363 residential units, 5,657,847 square feet of commercial
uses, 16,819,015 square feet of office uses, and 1,500,000 square feet of institutional uses (the
"Platinum Triangle Expansion Project"); and
WHEREAS, on December 11, 2007, the City Council certified Final Subsequent
Environmental Impact Report No. 334 ("FSEIR No. 334") adopting a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A in conjunction with its consideration and approval of General Plan
Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089, Zoning Code Amendment
No. 2004-00036, and a series of other related actions in order to provide for the implementation
of the PTMLUP and approval of the Platinum Triangle Expansion Project; and
WHEREAS, a lawsuit was filed challenging the adequacy of FSEIR No. 334. The City
Council thereafter repealed the approval of the Platinum Triangle Expansion Project, including
FSEIR No. 334 and various related actions, and directed staff to prepare a new Subsequent
Environmental Impact Report for the Platinum Triangle Expansion Project; and
WHEREAS, the Developer's request for an amendment to the Original Development
Agreement to extend the term for an initial period of five (5) years to an initial period of ten (10)
years and for revisions to the "Term Extension Milestones" was approved by the City Council on
December 16, 2008. Accordingly, on or about January 21, 2009, the City and Developer entered
into that certain Amendment No. 1 to the Original Development Agreement, which was recorded
in the Official Records on February 23, 2009 as Instrument No. 2009000081175 (“Amendment
No. 1”); and
WHEREAS, on or about October 26, 2010, the City Council approved the Revised
Platinum Triangle Expansion Project, which included amendments to the General Plan ("General
Plan Amendment No. 2008-00471"), the PTMLUP ("Miscellaneous Case No. 2007-00188"), the
PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development
intensities within the PTMU Overlay Zone from 10,266 residential units up to 18,909 residential
units, 14,340,522 square feet of office uses, 4,909,682 square feet of commercial uses, and
1,500,000 square feet of institutional uses. Before approving said amendments and zoning
reclassifications, the City Council approved and certified the "Revised Platinum Triangle
Expansion Project Subsequent Environmental Impact Report No. 339" for the Revised Platinum
Triangle Expansion Project, including Updated and Modified Mitigation Monitoring Plan No.
106C (collectively referred to herein as "FSEIR No. 339"); and
WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 17, 2012 ("Addendum No.
1"), was prepared and considered by the City Council in connection with the Katella Avenue/I-5
Undercrossing Improvements project because none of the conditions described in Section 15162
of the State of California Guidelines for Implementation of the California Environmental Quality
Act ("State CEQA Guidelines") calling for the preparation of a subsequent environmental impact
report had occurred; and
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WHEREAS, on December 18, 2012, the City Council approved amendments to the General
Plan ("General Plan Amendment No. 2012-00486"), the PTMLUP ("Miscellaneous Case No.
2012-00559"), and the PTMU Overlay Zone ("Zoning Code Amendment No. 2012-00107") to
increase the number of dwelling units and reduce the amount of office and commercial
development allowed within the "Mixed-Use" land use designation of the Platinum Triangle and
to amend various Elements of the General Plan to include the addition of a public park; and
WHEREAS, Addendum No. 2 to FSEIR No. 339, dated December 3, 2012 ("Addendum
No. 2"), was prepared and considered by the City Council in connection with proposed revisions
to a master planned mixed-use project on a 7.01-acre (approximate) parcel commonly known as
905-917 East Katella Avenue to allow the development of 399 dwelling units (the "Platinum
Gateway Project"); and
WHEREAS, Addendum No. 3 to FSEIR No. 339, dated August 2014 ("Addendum No.
3"), was prepared and considered by the City Council in connection with proposed revisions to a
master planned mixed-use project on a 4.13-acre (approximate) parcel commonly known as 1005-
11105 East Katella Avenue to increase the allowable number of residential dwelling units from
350 to 389 (the "Platinum Vista Project"). On October 21, 2014, the Anaheim City Council
adopted General Plan Amendment No. 2014-00495 to permit the increase in the number of
dwelling units for the Platinum Vista Project. Thereafter, to be consistent with General Plan
Amendment No. 2014-00495, the Anaheim City Council adopted its Ordinance No. 6309 on
November 18, 2014, which had the effect of increasing the maximum square footage for
commercial uses within the Katella District of the PTMU Overlay Zone to 634,643 square feet,
resulting in an aggregate increase in the square footage for commercial uses within the PTMU
Overlay Zone to 4,795,111. Ordinance No. 6309 also had the effect of increasing the maximum
number of housing units within the PTMU Overlay Zone to 18,999. However, to correct clerical
errors subsequently discovered in the tabulation of those density numbers in Ordinance No. 6309,
the Anaheim City Council adopted its Ordinance No. 6319 on April 7, 2015. Ordinance No. 6319
had the effect of establishing (1) the maximum square footage for commercial uses within the
Katella District as 658,043 square feet, (2) the maximum square footage for commercial uses
within the PTMU Overlay Zone, as a whole, as 4,735,111, and (3) the maximum number of
housing units within the PTMU Overlay Zone as 19,027; and
WHEREAS, subsequent to recordation of Amendment No. 1, fee title interest in the
Property was transferred, and the Existing Development Agreement was assigned, to PT Metro,
LLC, a Delaware limited liability company (hereinafter referred to as the "Owner"); and
WHEREAS, Addendum No. 4 to FSEIR No. 339, dated October 2015 ("Addendum No.
4"), was prepared and considered by the City Council in connection with proposed revisions to the
Existing Entitlements for a master planned mixed-use project on a 43.1-acre (approximate)
property commonly known as 1404 East Katella Avenue to permit between 1,400 and 1,746
residential units, between 38,000 and 50,000 square feet of commercial uses, two public parks and
a network of local streets (the "A-Town Project"). On October 6, 2015 the City Council adopted
Ordinance No. 6344 to amend the Platinum Triangle Mixed Use Overlay Zone to (1) modify the
requirement for ground floor commercial uses on Market Street, (2) clarify that ground floor
commercial uses are required on Gene Autry Way east of Union Street, and (3) expand the size of
the Gene Autry District from 33 acres to 43 acres as part of a revised project design for the “A-
Town” Project located at State College Boulevard immediately north of Gene Autry Way; and
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WHEREAS, the Developer's request for an amendment to Amendment No. 1 of the
Original Development Agreement to correspond with the changes to the Existing Entitlements was
approved by the City Council on October 20, 2015. Accordingly, on or about October 27, 2015,
the City and Developer entered into that certain Amended and Restated Development Agreement
No. 2005-00008, which was recorded in the Official Records on November 13, 2015 as Instrument
No. 2015000586936 (“Amended and Restated Development Agreement”); and
WHEREAS, the Developer's request for an amendment to the Amended and Restated
Development Agreement to amend the Exhibit “G” Term Extension Milestones relative to the
timing and completion of residential units within the 5-year and 7.5-year anniversary periods was
approved by the City Council on June 12, 2018. Accordingly, on or about June 21, 2018, the City
and Developer entered into that certain Amendment No. 1 to the Amended and Restated
Development Agreement, which was recorded in the Official Records on May 3, 2019 as
Instrument No. 2019000148064 (“Amendment No. 1 to the Amended and Restated Development
Agreement”); and
WHEREAS, the Original Development Agreement, Amendment No. 1, Amended and
Restated Development Agreement, and Amendment No.1 to the Amended and Restated
Development Agreement shall be referred to herein collectively as the "Existing Development
Agreement"; and
WHEREAS, the Existing Development Agreement, the Original Development Approvals,
General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015-00598, Zoning Code
Amendment No. 2013-00112, Amended and Restated Development Agreement No. 2005-
00008C, the Master Site Plan, and Tentative Tract Map No. 17703, shall be referred to herein
collectively as the "Existing Entitlements"; and
WHEREAS, Addendum No. 5 to FSEIR No. 339, dated June 2016 ("Addendum No. 5"),
was prepared and considered by the City Council in connection with proposed revisions to a master
planned mixed-use project on a 17.5-acre (approximate) property located at the southwest corner
of State College Boulevard and Gene Autry Way to permit 1,079 residential units, including 12
live/work units; 14,600 square feet of commercial space; a 1.1-acre public park; and, local streets
(the "Jefferson Stadium Park Project"). On June 21, 2016 the City Council adopted Ordinance No.
6373 to approve a Development Agreement between the City of Anaheim and Jefferson at Stadium
Park, L.P. to develop the Jefferson Stadium Park Project with a (1) General Plan Amendment to
amend the Land Use, Green and Circulation Elements of the General Plan to reflect the relocation
of the proposed public park and proposed street alignment, (2) amendment to the Platinum Triangle
Master Land Use Plan (PTMLUP) to reconfigure internal streets, reflect the relocation of a
proposed park, and designate areas currently assigned for park use for mixed-use development,
and (3) a tentative parcel map to subdivide the site into three numbered lots that correspond with
the proposed buildings and one lettered lot for the proposed park. The tentative parcel map also
establishes the new alignment and configuration of internal public streets and a public park to be
dedicated to the City of Anaheim; and
WHEREAS, Addendum No. 6 to FSEIR No. 339, dated October 2016 ("Addendum No.
6"), was prepared and considered by the City Council in connection with a proposed master
planned mixed-use project on a 14.8-acre (approximate) property located at the northeast corner
of State College Boulevard and Orangewood Avenue to permit 405 residential units; 77,000 square
feet of office; and 583,000 square feet of commercial uses including a 200-room hotel (the "LT
Platinum Center Project"). On October 25, 2016 the City Council adopted Ordinance No. 6387 to
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approve a Development Agreement between the City of Anaheim and LTG Platinum LLC, to
develop the LT Platinum Center Project with a (1) General Plan Amendment to revise Table LU-
4, General Plan Density Provisions for Specific Areas of the City, to modify the density provisions
for properties within the Platinum Triangle area that are designated for mixed-use land use, to
reduce the maximum number of dwelling units from 19,027 to 17,348 units; to increase the
maximum square feet of commercial space from 4,735,111 to 4,782,243; and, to reduce the
maximum of amount of office space from 9,652,747 to 9,180,747 square feet. In addition,
modifications to the Land Use Plan (Figure LU-4), Existing and Planned Bicycle Facilities (Figure
C-5) and Green Plan (Figure G‐5) of the Anaheim General Plan are required in order to remove
the designation of a public park on the project site, (2) amendment to the Platinum Triangle Master
Land Use Plan (PTMLUP) to revise the district boundaries for the Stadium and Gateway Districts;
allow a reduction, conversion and transfer of unused development intensity from the Gateway,
Gene Autry, Katella, and Orangewood Districts to the Stadium District; revise development
intensities consistent with the transfers and reductions described above, and modify the park and
street locations consistent with the proposed project, (3) a conditional use permit to allow the sale
of alcoholic beverages at various venues within the LT Platinum project; (4) a tentative tract map
to subdivide the project site into two parcels that correspond to the two Development Areas shown
on the proposed Master Site Plan for the project; and
WHEREAS, Addendum No. 7 to FSEIR No. 339, dated March 2017 (“Addendum No. 7”)
was prepared and considered by the City Council in connection with the Gene Autry Way and
State College Boulevard Improvement Projects to widen Gene Autry Way from four lanes to six
lanes with medians and storm drain and stormwater improvements; widen the west side of State
College Boulevard between Gateway Office and Artisan Court to accommodate a southbound
right‐turn lane and a third through‐ lane; make improvements to the east side of the intersection of
State College Boulevard at Gene Autry Way, which is the west entrance to Angel Stadium of
Anaheim; and construct a new intersection on Gene Autry Way at Union Street to provide access
to planned development areas; and
WHEREAS, Addendum No. 8 to FSEIR No. 339, dated April 10, 2018, (“Addendum No.
8”) was prepared and considered by the City Council in connection with the Platinum Triangle
Expansion Project which included roadway improvements specified in the Platinum Triangle
Implementation Plan (PTIP). The Approved Project included the widening of Orangewood
Avenue from a four‐lane divided primary arterial to a six‐lane divided primary arterial between
State College Boulevard and State Route 57 (SR‐57). It also included an extension of the Class II
Bikeway on Orangewood Avenue from east of State College Boulevard to the eastern City limit
(via West Dupont Drive and private properties); and
WHEREAS, Addendum No. 9 to FSEIR No. 339, dated May 17, 2022, (“Addendum No.
9”) was prepared and considered by the City Council in connection with the widening of
Orangewood Avenue from a five‐lane roadway to a six‐lane divided facility to provide expanded
vehicle, bicycle, and pedestrian access; incorporate an additional westbound through lane; and
widen the existing Orangewood Avenue bridge structure over the Santa Ana River. It also included
a change to the jurisdictional boundaries between the City of Anaheim and the City of Orange, and
amendments to the General Plan, Zoning Map, Platinum Triangle Master Land Use Plan, and other
related documents to reflect the new City boundary; and
WHEREAS, Section 18.20.200 (Implementation) of Chapter 18.20 (Platinum Triangle
Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code requires final site plans to be
reviewed and approved by the Planning Commission at a noticed public hearing to ensure
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conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land
Use Plan prior to issuance of building permits; and
WHEREAS, the Planning Commission of the City of Anaheim did receive a verified
petition for a final site plan (Development Permit No. 2021-00131) to construct a for-sale single-
family attached development with 73-residential dwelling units at Lot 5, Tract No. 17703, located
approximately 380 feet south of the intersection of East Katella Avenue and South Metro Drive in
Development Area F of the Lennar A-Town development in the Platinum Triangle in the City of
Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, in connection with the final site plan, and environmental checklist review was
prepared in order to determine whether any significant environmental impacts which were not
identified in the previously-approved FSEIR No. 339 Addendum No. 4 would result or whether
previously identified significant impacts would be substantially more severe. The analysis in the
environmental checklist review did not identify any changes in circumstances involving the final
site plan; therefore, the final site plan would not result in new impacts or impacts of greater severity
than those previously identified in SEIR No. 339. No new information of substantial importance
is available now which was not known and could not have been known with the exercise of
reasonable diligence at the time of the certification of SEIR No. 339. No new mitigation measures
or alternatives that were previously determined to be infeasible are now feasible. Therefore, no
new impacts on human beings would occur because of the final site plan, and the level of impact
would not increase from that identified in SEIR No. 339. FSEIR No. 339, and Addenda, together
with Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339, and
Mitigation Monitoring Plan No. 321 for the Existing Entitlements collectively constitute the
environmental documentation under and pursuant to the California Environmental Quality Act of
1970, as amended ("CEQA"), the State of California Guidelines for Implementation of the
California Environmental Quality Act (herein referred to as the "State CEQA Guidelines"), and
the City's CEQA Procedures relating to the Existing Entitlements and shall be referred to herein
collectively as the "CEQA Documents"; and
WHEREAS, on July 6 , 2022, the Planning Commission did hold a public hearing, notice
of said public hearing having been duly given as required by law and in accordance with the
provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and
against the proposed final site plan and to investigate and make findings in connection therewith;
and
WHEREAS, by the adoption of this Resolution and pursuant to the provisions of CEQA,
the State CEQA Guidelines, and the City's CEQA Procedures, this Planning Commission finds
and determines the following:
1. That Addendum No. 4 together with the CEQA Documents collectively
constitute the environmental documentation under and pursuant to CEQA relating
to the final site plan; and
2. That, pursuant to the findings contained in this resolution, the CEQA
Documents satisfy all of the requirements of CEQA and are adequate to serve as
the required environmental documentation for the final site plan and, together with
Mitigation Monitoring Program No. 321, should be approved and adopted; and
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3. That no further environmental documentation needs to be prepared under
CEQA for the final site plan; and
WHEREAS, the Planning Commission does find and determine that the request for a final
site plan for the Proposed Project should be approved for the following reasons:
1. Subject to compliance with the conditions of approval attached to this Resolution
as Exhibit B and incorporated herein by this reference, the final site plan, including its design and
layout, complies with the Platinum Triangle Master Land Use Plan and Platinum Triangle Mixed
Use Overlay Zone and is consistent with the zoning and development standards of said Zone, as
described in Chapter 18.20 of the Code.
2. The design and layout of the final site plan will not interfere with the use and
enjoyment of neighboring existing or future developments and will not create traffic or pedestrian
hazards.
3. The architectural design of the final site plan is compatible with the character of the
surrounding residential and industrial development located within the land area of the Platinum
Triangle Mixed Use Overlay Zone.
4. The design of the final site plan will provide a desirable environment for its
residents, the visiting public, and its neighbors, through the appropriate use of materials, texture
and color, and will remain aesthetically appealing and be appropriately maintained.
5. The final site plan will not be detrimental to the public health, safety or welfare, or
materially injurious to the properties or improvements in the vicinity of the proposed project; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentation, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that negate the findings made in this Resolution. The Planning Commission expressly declares
that it considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, pursuant to the above findings and based upon
a thorough review of the proposed final site plan, Addendum No. 4, the CEQA Documents, and
the evidence received to date, the Planning Commission does hereby approve the final site plan,
in the form presented at the meeting at which this Resolution was adopted, contingent upon and
subject to the approval of the associated (1) conditional use permit, now pending, (2) the mitigation
measures set forth in Mitigation Monitoring Program 106C approved in conjunction with FSEIR
No. 339 and Mitigation Monitoring Plan No. 321; and (3) the conditions of approval set forth in
Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be
a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim.
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EXHIBIT "B"
CONDITIONS OF APPROVAL FOR FINAL SITE PLAN
(DEVELOPMENT PERMIT NO. 2021-00131)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1 The property owner/developer shall submit a set of improvement plans
for Public Utilities Water Engineering review and approval in
determining the conditions necessary for providing water service to the
project.
Public Utilities,
Water Engineering
2 The property owner/developer shall prepare and submit an
import/export plan prior to the issuance of a grading permit. The plan
shall include, but not limited to, total haul quantity, number of estimated
truck trips, estimated truck trips per day, duration of hauling activities,
haul hours, haul route with detail on how trucks will enter and exit the
site, and haul site(s). As part of the hauling operations:
• A stop sign conforming to the requirements of the California
Vehicle Code and the California Manual of Traffic Control
Devices shall be posted at the entrance of the access road.
• An advance warning sign must be posted a minimum of 400
feet, or as required per WATCH, on both sides of the access
intersection, carrying the words “Truck Crossing”. The advance
warning sign shall be covered or removed when the access
intersection is not in use.
• Traffic control devices and/or flagmen may be required by the
City of Anaheim
Public Works,
Traffic Engineering
3 The property owner/developer shall prepare and submit a final grading
plan showing building footprints, pad elevations, finished grades,
drainage routes, retaining walls, erosion control, slope easements, and
other pertinent information in accordance with Anaheim Municipal
Code and the California Building Code, latest edition.
Public Works,
Development Services
Division
4 The property owner/developer shall prepare and submit a final drainage
study, including supporting hydraulic and hydrological data to the City
of Anaheim for review and approval. The study shall confirm or
recommend changes to the City's adopted Master Drainage Plan by
identifying off-site and on-site storm water runoff impacts resulting
from build-out of permitted General Plan land uses. In addition, the
study shall identify the project's contribution and shall provide locations
and sizes of catchments and system connection points and all
downstream drainage-mitigating measures including but not limited to
offsite storm drains and interim detention facilities.
Public Works,
Development Services
Division
-14- PC2022-073
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
5 All required plans and studies shall be prepared by a Registered
Professional Engineer.
Public Works,
Development Services
Division
6 The property owner/developer shall obtain the required coverage under
California’s General Permit for Stormwater Discharges associated with
Construction Activity by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the
subsequent notification of the issuance of a Waste Discharge
Identification (WDID) number.
Public Works,
Development Services
Division
7 The property owner/developer shall prepare a Stormwater Pollution
Prevention Plan (SWPPP). The SWPPP shall be kept at the project site
and be available for Public Works Development Services Division
review upon request.
Public Works,
Development Services
Division
8 The property owner/developer shall submit a Water Quality
Management Plan (WQMP) to the City for review and approval. The
WQMP shall be consistent with the requirements of Section 7 and
Exhibit 7.II of the Orange County Drainage Area Management Plan
(DAMP) for New Development/ Significant Redevelopment projects.
identify potential sources of pollutants during the long-term on-going
maintenance and use of the proposed project that could affect the quality
of the stormwater runoff from the project site; define Source Control,
Site Design, and Treatment Control (if applicable) best management
practices (BMPs) to control or eliminate the discharge of pollutants into
the surface water runoff; and provide a monitoring program to address
the long-term implementation of and compliance with the defined
BMPs.
Public Works,
Development Services
Division
9 The property owner/developer shall submit a Preliminary Geotechnical
Report to the Public Works Development Services Division for review
and approval. The report shall address any proposed infiltration features
of the WQMP.
Public Works,
Development Services
Division
10 Condition Numbers 37 through 40 of PC2015-069 for the original
approval of the A-Town Master Site Plan shall apply to this permit.
Public Works,
Development Services
Division
11 The property owner/developer shall process and record a private access
easement for the proposed reciprocal access between Development Area
F and Development Area E, as shown on the Final Site Plans. The
property owner/developer shall provide conforming copy of the
recorded easement document to the Public Works Development
Services.
Public Works,
Development Services
Division
12 The property owner/developer shall process and record a private utility
easement for the proposed shared utilities between Development Area
F and Development Area E, as shown on the Final Site Plans.
Public Works,
Development Services
Division
-15- PC2022-073
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
13 The property owner/developer shall submit to the Public Works
Development Services Division for review and approval a Lot Line
Adjustment (LLA) document. The document shall be approved by the
City Surveyor and recorded, along with conforming deed, in the office
of the Orange County Recorder. Submit recorded copies to Public works
Development Services.
Public Works,
Development Services
Division
14 The property owner/developer shall execute a Save Harmless
Agreement with the City of Anaheim for any storm drain connections
to a City storm drain system. The agreement shall be recorded by the
applicant on the property prior to the issuance of any permits.
Public Works,
Development Services
Division
15 At the time of grading plan submittal, a Fire Master Plan (fire access
plan) shall be submitted to the Anaheim Fire Prevention Department for
review.
Fire & Rescue
Community Risk
Reduction Division
PRIOR TO ISSUANCE OF BUILDING PERMITS
16 Condition Numbers 42 through 64 and 66 through 86 of PC2015-069
for the original approval of the A-Town Master Site Plan shall apply to
this permit.
Various City
Departments
17 All buildings equipped with openings, as required by the Fire and
Building Code shall be provided with an approved direct access route
from the fire access road to accommodate fire department operations.
The access route shall be a minimum of six (6) feet in width and be
designed to accommodate a twenty-one (21) foot fire department ladder.
A clear area of at least eight (8) feet in width shall be maintained free of
permanent obstructions below all required rescue windows to allow for
fire department ladder placement. This will be covered in the Fire
Master Plan.
Fire & Rescue
Community Risk
Reduction Division
18 If there are private fire hydrants serving this site, the property
owner/developer shall provide CC&R’s submitted to the Anaheim Fire
Prevention Department for review and approval covering the private fire
hydrants.
Fire & Rescue
Community Risk
Reduction Division
19 All CBC and CFC requirements shall be followed for permit issuance.
Any fire permits, which includes fire sprinklers, fire alarm, etc., shall be
submitted directly to the Anaheim Fire Prevention Department.
Fire & Rescue
Community Risk
Reduction Division
20 Prior to approval of permits for improvement plans, the property
owner/developer shall coordinate with Electrical Engineering to
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
Public Utilities,
Electrical Engineering
21 A private water system with separate water service for fire protection,
domestic water, and irrigation shall be provided and shown on plans
Public Utilities,
Water Engineering
-16- PC2022-073
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
22 Per California Water Code, Division 1, Chapter 8, Article 5, Section
537-537.5) as amended by Senate Bill 7, water submetering shall be
furnished and installed by the property owner/developer and a water
submeter shall be installed to each individual unit. Provisions for the
ongoing maintenance and operation (including meter billing) of the
submeters shall be the responsibility of the Owner and included and
recorded in the Master CC&Rs for the project.
Public Utilities,
Water Engineering
23 All backflow equipment shall be located above ground outside of the
street setback area. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division outside
of the street setback area. Said information shall be specifically shown
on plans and approved by Water Engineering and Cross Connection
Control Inspector.
Public Utilities,
Water Engineering
24 All requests for new water services, backflow equipment, or fire lines,
as well as any modifications, relocations, or abandonments of existing
water services, backflow equipment, and fire lines, shall be coordinated
and permitted through Water Engineering Division of the Anaheim
Public Utilities Department.
Public Utilities,
Water Engineering
25 All existing water services and fire services shall conform to current
Water Services Standards Specifications. Any water service and/or fire
line that does not meet current standards shall be upgraded if continued
use is necessary or abandoned if the existing service is no longer needed.
The property owner/developer shall be responsible for the costs to
upgrade or to abandon any water service or fire line.
Public Utilities,
Water Engineering
26 The property owner/developer shall irrevocably offer to dedicate to the
City of Anaheim (i) an easement for all large domestic above-ground
water meters and fire hydrants, including a five (5)-foot wide easement
around the fire hydrant and/or water meter pad and (ii) a twenty (20)
foot wide easement for all water service mains and service laterals all to
the satisfaction of the Water Engineering Division. The easements shall
be granted on the Water Engineering Division of the Public Utilities
Department’s standard water easement deed. The easement deeds shall
include language that requires the Owner to be responsible for restoring
any special surface improvements, other than asphalt paving, including
but not limited to colored concrete, bricks, pavers, stamped concrete,
decorative hardscape, walls or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water
facilities. Provisions for the repair, replacement, and maintenance of all
surface improvements other than asphalt paving shall be the
Public Utilities,
Water Engineering
-17- PC2022-073
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
responsibility of the Owner and included and recorded in the Master
CC&Rs for the project.
27 The property owner/developer shall submit a water system master plan,
including a hydraulic distribution network analysis, for Public Utilities
Water Engineering review and approval. The master plan shall
demonstrate the adequacy of the proposed on-site water system to meet
the project’s water demands and fire protection requirements.
Public Utilities,
Water Engineering
28 The property owner/developer shall submit to the Public Utilities
Department Water Engineering Division an estimate of the maximum
fire flow rate and maximum day and peak hour water demands for the
project. This information will be used to determine the adequacy of the
existing water system to provide the estimated water demands. Any off-
site water system improvements required to serve the project shall be
done in accordance with Rule No. 15A.1 of the Water Utility Rates,
Rules, and Regulations.
Public Utilities,
Water Engineering
29 Water improvement plans shall be submitted to the Water Engineering
Division for approval and a performance bond in the amount approved
by the City Engineer and form approved by City Attorney shall be
posted with the City of Anaheim.
Public Utilities,
Water Engineering
30 The property owner/developer shall provide individual water service
and/or fire line connections for each parcel or residential, commercial,
industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules,
and Regulations.
Public Utilities,
Water Engineering
31 The property owner/developer shall contact Water Engineering for
recycled water system requirements and specific water conservation
measures to be incorporated into the building and landscape
construction plans.
Public Utilities,
Water Engineering
32 Prior to the issuance of a building permit, the property owner/developer
shall shall submit draft Covenants Conditions and Restrictions
(CC&Rs) that are prepared by an authorized professional for review and
approval by the City Engineer, Planning and Building Director, and City
Attorney, which will generally provide for the following:
a. A requirement that residents shall use designated parking
area, including garages, only for the parking of vehicles.
b. A provision that parking garages are subject to
inspection by the Association or City of Anaheim staff.
c. A provision requiring that proposed amendments to the
CC&Rs shall be submitted for review to the City Engineer,
Public Works,
Traffic Engineering
-18- PC2022-073
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
Planning and Building Director or designee, and shall be
approved by the City Attorney prior to the amendment being
valid.
d. A provision that the City is a third-party beneficiary to
the CC&Rs and has the right, but not the obligation, to enforce
any of the provisions of the CC&Rs relative to common area and
utility maintenance, Water Quality Management Plan, and
internal parking.
33 The property owner/developer shall provide a certificate, from a
Registered Civil Engineer, certifying that the finished grading has been
completed in accordance with the City approved grading plan.
Public Works,
Development Services
Division
34 A Right of Way Construction Permit shall be obtained from the
Development Services Division for all work performed in the public
Easement (PUE) along the following streets: Union Street, Park Street,
and Metro Drive.
Public Works,
Development Services
Division
35 All Landscape plans shall comply with the City of Anaheim adopted
Landscape Water Efficiency Guidelines. This ordinance is in
compliance with the State of California Model Water Efficient
Landscape Ordinance (AV 1881).
Public Works,
Development Services
Division
36 The property owner/developer shall submit an interim soils report
indicating pad compaction and site stability prepared by the project's
Geotechnical Engineer of Record. The pad compaction report needs to
include a site plan showing the compaction testing locations.
Public Works,
Development Services
Division
37 The property owner/developer shall irrevocably offer to dedicate to the
City of Anaheim, public easement for emergency services and solid
waste/trash collection access, along the interior private drive aisles and
alley ways, as shown on the Final Site Plan.
Public Works,
Development Services
Division
38 The property owner/developer shall execute a maintenance covenant
with the City of Anaheim in a form that is approved by the City Engineer
and the City attorney for the private improvements including but not
limited to the following: private utilities, drainage devices, parkway
landscaping and irrigation, private street lights, etc. in addition to
maintenance requirements established in the Water Quality
Management Plan (WQMP) as applicable to the project. The covenant
shall be recorded concurrently with the Final Map. Exhibit sheets shall
be submitted with maintenance covenant to illustrate the above
mentioned items.
Public Works,
Development Services
Division
-19- PC2022-073
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
39 No decorative pavement will be permitted within the public utility
easements (PUEs) limits.
Public Works,
Development Services
Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
40 Condition Numbers 87 through 99 of PC2015-069 for the original
approval of the A-Town Master Site Plan shall apply to this permit.
Various City
Departments
41 Prior to connection of electrical service, the legal owner shall provide to
the City of Anaheim a Public Utilities easement with dimensions as
shown on the approved utility service plan.
Public Utilities,
Electrical Engineering
42 Prior to connection of electrical service, the legal owner shall submit
payment to the City of Anaheim for service connection fees.
Public Utilities,
Electrical Engineering
43 Owner/Developer shall install an approved backflow prevention
assembly on the water service connection(s) serving the property,
behind property line and building setbacks, except as permitted through
approval of a conditional use permit, in accordance with Public Utilities
Department Water Engineering Division requirements.
Public Utilities,
Water Engineering
44 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
parking in the drive aisles. Said information shall be specifically shown
on plans submitted for building permits.
Public Works
Traffic Engineering
45 Fire lanes shall be posted with “No Parking Any Time.” Said
information shall be specifically shown on plans submitted for building
permits.
Public Works
Traffic Engineering
46 All public improvements shall be completed by the property
owner/developer, inspected, and accepted by Construction Services
prior to final building and zoning inspection. Damages to existing public
improvements due to utility installation shall be removed and
reconstructed in accordance with City standards and specifications.
Public Works,
Development Services
Division
47 All remaining fees/deposits required by Public Works department must
be paid in full.
Public Works,
Development Services
Division
48 The property owner/developer shall set all monuments in accordance
with the final map and submit all centerline ties to Public Works
Department. Any monuments damaged as a result of construction shall
be reset to the satisfaction of the City Engineer.
Public Works,
Development Services
Division
-20- PC2022-073
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
49 Record Drawings and As-Built Plans shall be submitted for review and
approval to the Department of Public Works, Development Services
Division.
Public Works,
Development Services
Division
50 The property owner/developer shall provide rooftop address/unit
numbers for the police helicopter at a minimum size of 4 feet in height
and 2 feet in width. The lines of the numbers shall be a minimum of 6
inches thick. Numbers shall be spaced 12 inches to 18 inches apart.
Numbers shall be painted or constructed in a contrasting color to the
roofing material. Numbers shall face the street to which the structure is
addressed. Numbers shall not be visible from ground level.
Police Department,
Planning & Research
Unit
51 The property owner/developer shall provide individual building
addressing positioned so they are easily viewed from vehicular and
pedestrian pathways throughout the complex. Main building numbers
shall be a minimum height of 12” and illuminated during the hours of
darkness.
Police Department,
Planning & Research
Unit
52 Prior to final building and zoning inspection, the owner/developer shall
execute and record with the Orange County Recorder an unsubordinated
declaration of Covenants Conditions and Restrictions (CC&Rs) to run
with the land, satisfactory to the City Engineer, Planning Director, and
City Attorney, which restricts the installation of vehicle gates across the
project driveways or access roads as the site design does not allow any
such gates to conform to City of Anaheim Engineering Standard Detail
475 pertaining to gate set back distance, turnaround area, guest phone,
separate lane for guest access, and minimum width for ingress/egress as
required by the Fire Department. Should gates be desired in the future,
an amendment to the CC&R’s approved by the City Engineer, Planning
Director and the City Attorney's office shall be recorded. Gates, if any,
shall comply with the current version of City of Anaheim Engineering
Standard Detail 475 and are subject to approval by the City Engineer.
Public Works
Traffic Engineering
ONGOING DURING PROJECT OPERATION
53 The property owner/developer shall be responsible for restoring any
special surface improvements, other than asphalt paving, within any
right-of-way, public utility easement or City easement area including
but not limited to colored concrete, bricks, pavers, stamped concrete,
walls, decorative hardscape or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water
facilities. Provisions for maintenance of all said special surface
improvements shall be included in the recorded Master CC&Rs for the
project and the City easement deeds.
Public Utilities,
Water Engineering
GENERAL
-21- PC2022-073
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
54 Condition Numbers 111 through 128 of PC2015-069 for the original
approval of the A-Town Master Site Plan shall apply to this permit.
Various City
Departments
55 All conditions of approval and mitigations measures approved in
conjunction with the Development Agreements for the Master Site Plan
for the A-Town Development shall apply to this final site plan approval.
Planning and Building
Department,
Planning Services
56 The following minimum horizontal clearances shall be maintained
between proposed water main and other facilities:
• 10-feet minimum separation (outside wall-to-outside wall) from
sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities, including
storm drains, gas, and electric
• 6-feet minimum separation from curb face
• 10-feet minimum separation from structures, footings, and trees.
The following minimum clearances shall be provided around all new
and existing public water facilities (e.g. water mains, fire hydrants,
service laterals, meters, meter boxes, backflow devices, etc.):
• 10 feet from structures, footings, walls, stormwater BMPs,
power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
Public Utilities,
Water Engineering
57 No public water main or public water facilities shall be installed in
private alleys or paseo areas.
Public Utilities,
Water Engineering
58 No public water mains or laterals shall be installed under parking stalls,
parking lots, or driveways.
Public Utilities,
Water Engineering
59 All fire services 2-inch and smaller shall be metered with a UL listed
meter, Hersey Residential Fire Meter with Translator Register, no
equals.
Public Utilities,
Water Engineering
60 The property owner/developer shall provide a minimum of two
connections to the public water mains and water looping inside the
project.
Public Utilities,
Water Engineering
61 The property owner/developer shall be responsible for compliance with
and any direct costs associated with the monitoring and reporting of all
mitigation measures set forth in the attached Mitigation Monitoring Plan
(MMP) No. 321, established by the City of Anaheim as required by
Section 21081.6 of the Public Resources Code to ensure implementation
of those identified mitigation measures within the timeframes identified
in the measure. MMP No. 321 is made a part of these conditions of
approval by reference.
Planning and Building
Department,
Planning Services
Division
-22- PC2022-073
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
62 Vehicle gates shall not be installed across the project driveways or
access roads as the site design does not allow any such gates to conform
to City of Anaheim Engineering Standard Detail 475 pertaining to gate
set back distance, turnaround area, guest phone, separate lane for guest
access, and minimum width for ingress/egress as required by the Fire
Department. Should gates be desired in the future, gates shall comply
with the current version of City of Anaheim Engineering Standard
Detail 475 and are subject to approval by the City Engineer.
Public Works,
Traffic Engineering
63 The property owner/developer shall shall pay all applicable fees
required under the Anaheim Municipal Code.
Public Works,
Development Services
Division
64 All proposed onsite sewer and storm drain system shall be private and
privately maintained.
Public Works,
Development Services
Division
65 The property owner/developer shall comply with all applicable
requirements of the Anaheim Municipal Code.
Public Works,
Development Services
Division
66 The project is expressly conditioned upon the applicants' indemnifying
and holding harmless the City, its agents, officers, council members,
employees, boards, commissions and their members and the City
Council from any claim, action or proceeding brought against any of the
foregoing individuals or entities, the purpose of such litigation being to
attack, set aside, void or annul any approval of the application or related
decision, or the adoption of any environmental documents which relates
to the approval of the Proposed Actions. This indemnification shall
include, but is not limited to, all reasonable damages, costs, expenses,
attorney fees or expert witness fees that may be awarded to the
prevailing party, and costs of suit, attorneys' fees, and other costs,
liabilities and expenses arising out of or in connection with the approval
of the application or related decision, whether or not there is concurrent,
or passive negligence on the part of the City, its agents, officers, council
members, employees, boards, commissions and their members and the
City Council. The property owner/developer shall have the right to
select legal counsel. The City shall have the right to approve, which
approval will not be unreasonably withheld, the legal counsel providing
the City’s defense, and the applicant shall reimburse the City for any
costs and expenses reasonably incurred by the City in the course of the
defense. No later than 30 (thirty) days following the City Council's
adoption of the Ordinance adopting Development Agreement No. 2005-
00008, the legal property owner shall provide a letter to the City
satisfactory to the City Attorney's Office memorializing the foregoing.
Planning and Building
Department /
City Attorney’s Office