Resolution-PC 2023-007RESOLUTION NO. PC2023-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING A FINAL SITE PLAN FOR
DEVELOPMENT AREAS'C & D' 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 PROJECT NO. 2022-00046)
(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 hnpact
Report No. 320 and adopted Area Development Plan No. 120 for that portion of the Angel Stadium
property associated with the Sportstown Development. Area Development Plan No. 120 entitled
a total of 119,543 seats for new and/or renovated stadiums, 750,000 square feet of urban
entertainment/retail uses, a 500 -room hotel (550,000 square feet), a 150,000 -square -foot exhibition
center, 250,000 square feet of office development, and 15,570 on-site parking spaces. The Grove
of Anaheim, the Angel Stadium and the Stadium Gateway Office Building were either developed
or renovated under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan ("MLUP"). The boundaries of the MLUP were generally the same as those
for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to the
Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part of the
approval process for the MLUP, the City Council also certified Final Environmental Impact Report
No. 321 and adopted Mitigation Monitoring Program No. 106. Development within the
boundaries of the MLUP was implemented through the Sports Entertainment Overlay Zone ("SE
Overlay Zone"), which permitted current uses to continue or expand within the provisions of the
existing zoning, while providing those who may want to develop sports, entertainment, retail, and
office uses with standards appropriate to those uses, including increased land use intensity.
Implementation of the SE Overlay Zone was projected to result in a net loss of 491,303 square feet
of industrial space and increases of 1,871,285 square feet of new office space, 452,026 square feet
of new retail space, and 991,603 square feet of new hotel space. Projects that were developed under
the SE Overlay Zone included the Ayers Hotel, the Arena Corporate Center, and the Westwood
School of Technology; and
WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide
General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle.
The General Plan Update (known as "General Plan Amendment No. 2004-00419") changed the
General Plan designations within the Platinum Triangle from Commercial Recreation and Business
Office/Mixed Use/Industrial to Mixed -Use, Office -High, Office -Low, Industrial, Open Space and
Institutional to provide opportunities for existing uses to transition to mixed-use, residential, office,
and commercial uses. The General Plan Update also established the overall maximum
development intensities for the Platinum Triangle, which permitted up to 9,175 dwelling units,
5,000,000 square feet of office space, 2,044,300 square feet of commercial uses, industrial
development at a maximum floor area ratio ("FAR") of 0.50, and institutional development at a
maximum FAR of 3.0. In addition, the square footage/seats allocated to the existing Honda Center
and all of the development intensity entitled by Area Development Plan No. 120 was incorporated
into the Platinum Triangle Mixed -Use land use designation. Final Environmental Impact Report
No. 330 ("FEIR No. 330"), which was prepared for the General Plan and Zoning Code Update and
associated actions, analyzed the aforementioned development intensities on a City-wide impact
level and adopted mitigation monitoring programs, including that certain Updated and Modified
Mitigation Monitoring Plan No. 106 for the Platinum Triangle; and
WHEREAS, on August 17, 2004 and in order to provide the implementation tools
necessary to realize the City's new vision for the Platinum Triangle, the City Council replaced the
MLUP with the Platinum Triangle Master Land Use Plan (the "PTMLUP"), replaced the SE
Overlay Zone with the Platinum Triangle Mixed Use Overlay Zone ("PTMU Overlay Zone"),
approved the form of a Standardized Platinum Triangle Development Agreement, and approved
associated zoning reclassifications. Under those updated zoning regulations, property owners
desiring to develop under the PTMU Overlay Zone provisions were thereafter required to enter
into a standardized Development Agreement with the City of Anaheim; and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent
Environmental Impact Report No. 332 ("FSEIR No. 332"), adopted a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A to provide for the implementation of the PTMLUP, in conjunction
with its consideration and approval of General Plan Amendment No. 2004-00420, Miscellaneous
Case No. 2005-00089 and Zoning Code Amendment No. 2004-00036, which collectively allowed
for an increase in the allowable development intensities within the Platinum Triangle to 9,500
residential units, 5,000,000 square feet of office uses, and 2,254,400 square feet of commercial
uses; and
WHEREAS, also on October 25, 2005 and in response to the application of Lennar
Platinum Triangle, LLC ("Original Developer"), Don H. Watson, Trustee of the Don H. Watson
Family Trust, Julius Realty Corporation, Traffic Control Services, Inc., Joselito D. Ong and Renee
Dee Ong, Roger C. Treichler and Vicki Treichler, as Co -Trustees of the Treichler Family Trust,
the Robert Stovall Family Partnership, L.P. and Jennifer Leonard and Linda Gaffney, as tenants in
common (collectively referred to herein, along with the Original Developer, as the "Original
Owner") for entitlements allowing for the development of up to 2,681 residences with a mix of
housing types, including high rise residential towers, street townhomes, podium townhomes and
lofts, with 150,000 square feet of street -related retail commercial development, 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 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 "P'
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, since certification of FSEIR No. 332, two addendums to the FSEIR have been
adopted for the following projects: (1) Addendum No. 2. (June 2007); and (2) Addendum No. 3.
Platinum Tower Project (August 2007); and
WHEREAS, on August 21, 2007, the Anaheim City Council certified Final EIR (State
Clearinghouse Number 2006111120) and adopted Mitigation Monitoring Program No. 143
("FEIR No. 2006-00335") (2007 Certified FEIR) in conjunction with the approval of the Gene
Autry Experience mixed-use project; and
WHEREAS, in 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 (the "Platinum Triangle Expansion Project'); and
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WHEREAS, on December 11, 2007, the City Council certified Final Subsequent
Environmental Impact Report No. 334 ("FSEIR No. 334") and in April 2008 reapproved FSEIR
No. 334 in connection with 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, on September 28, 2010, the City Council certified the Anaheim Regional
Transportation Intermodal Center (ARTIC) Final EIR No. 2010-00343 (State Clearinghouse No.
2009071071) and adopted a Mitigation Monitoring Plan in support of the ARTIC project ("FEIR
No. 343"). Since certification of FEIR No. 343, two addenda have been adopted for the following
projects: (1) Addendum No. 1. ARTIC Conditional Use Permit No. 2010-05492 (May 2012); and
(2) Addendum No. 2. ARTIC Special Sign District (February 2015); and
WHEREAS, the Developer's request for an amendment to the Original Development
Agreement to extend the term for an initial period of five (5) years to an initial period of ten (10)
years and for revisions to the "Term Extension Milestones" was approved by the City Council on
December 16, 2008. Accordingly, on or about January 21, 2009, the City and Developer entered
into that certain Amendment No. 1 to the Original Development Agreement, which was recorded
in the Official Records on February 23, 2009 as Instrument No. 2009000081175 ("Amendment
No. I"); and
WHEREAS, on or about October 26, 2010, the City Council approved the Revised
Platinum Triangle Expansion Project, which included amendments to the General Plan ("General
Plan Amendment No. 2008-00471 "), the PTMLUP ("Miscellaneous Case No. 2007-00188"), the
PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development
intensities within the PTMU Overlay Zone from 10,266 residential units up to 18,909 residential
units, 14,340,522 square feet of office uses, 4,909,682 square feet of commercial uses, and
1,500,000 square feet of institutional uses. Before approving said amendments and zoning
reclassifications, the City Council approved and certified the "Revised Platinum Triangle
Expansion Project Subsequent Environmental hnpact 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, SEIR No. 339 tiered off of FSEIR No. 332. Since certification of FSEIR No.
339, eleven addenda have been adopted for the following projects: (1) Addendum No. 1, Katella
Avenue/Interstate 5 (April 2012); (2) Addendum No. 2, Platinum Gateway Project (December
2012); (3) Addendum No. 3, Platinum Vista Apartments Project (August 2014); (4) Addendum
No. 4, Amended A -Town Metro Project (August 2015); (5) Addendum No. 5, Jefferson Stadium
Park Project (June 2016); (6) Addendum No. 6, LT Platinum Center (August 2016); (7) Addendum
No. 7, Gene Autry Way and State College Boulevard Improvements Project (March 2017); (8)
Addendum No. 8, Orangewood Avenue Improvement Project (State College Boulevard to the
Santa Ana River) (March 2018); (9) Addendum No. 9, Orangewood Avenue Improvements from
the Santa Ana River to the East of SR -57 (May 2022); (10) Addendum No. 10, — 710 E Katella
(proposed project application was withdrawn December 2021); (11) Addendum No. 11— OC Vibe
Project (August 2022); and (12) Addendum No. 12, —Anaheim Fire Station No. 12 (August 2022).
All eleven'
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WHEREAS, on April 3, 2012, the Anaheim City Council certified Final EIR No. 2011-
00344 (State Clearinghouse No. 201109 1007) and adopted Mitigation Monitoring Plan No. 303
(MMP 303) ("FEIR No. 344") in conjunction with the Honda Center Enhancement Project and
associated actions; and
WHEREAS, subsequent to recordation of Amendment No. 1, fee title interest in the
Property was transferred, and the Existing Development Agreement was assigned, to PT Metro,
LLC, a Delaware limited liability company (hereinafter referred to as the "Owner"); and
WHEREAS, the 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, on February 7, 2017, the City Council approved a Mitigated Negative
Declaration and Mitigation Monitoring Plan No. 339 ("2017 MND") to permit 153 single-family,
attached condominium units in conjunction with adoption of amendments to the General Plan and
the PTMLUP and other project actions which established the development intensities for the
PTMU Overlay Zone as 17,501 dwelling units; 4,782,243 square feet of commercial; 13,490,233
square feet of office; and 1,500,000 of square feet of institutional land uses; and
WHEREAS, the Developer's request for an amendment to the Amended and Restated
Development Agreement to amend the Exhibit "G" Term Extension Milestones relative to the
timing and completion of residential units within the 5 -year and 7.5 -year anniversary periods was
approved by the City Council on June 12, 2018. Accordingly, on or about June 21, 2018, the City
and Developer entered into that certain Amendment No. 1 to the Amended and Restated
Development Agreement, which was recorded in the Official Records on May 3, 2019 as
Instrument No. 2019000148064 ("Amendment No. 1 to the Amended and Restated Development
Agreement"); and
WHEREAS, the Original Development Agreement, Amendment No. 1, Amended and
Restated Development Agreement, and Amendment No.l to the Amended and Restated
Development Agreement shall be referred to herein collectively as the "Existing Development
Agreement'; and
WHEREAS, the Existing Development Agreement, the Original Development Approvals,
General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015-00598, Zoning Code
Amendment No. 2013-00112, Amended and Restated Development Agreement No. 2005-
00008C, the Master Site Plan, and Tentative Tract Map No. 17703, shall be referred to herein
collectively as the "Existing Entitlements"; and
WHEREAS, Section 18.20.200 (Implementation) of Chapter 18.20 (Platinum Triangle
Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code requires final site plans to be
reviewed and approved by the Planning Commission at a noticed public hearing to ensure
conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land
Use Plan prior to issuance of building permits; and
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WHEREAS, the Planning Commission of the City of Anaheim did receive a verified
petition for a final site plan to construct a mixed-use project with 253 -residential dwelling units
and 17,277 square feet of ground floor commercial space with 972 square feet of accessory outdoor
dining space located in Development Area C and 255 -residential dwelling units located in
Development Area D of the A -Town Project 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 Development Project No. 2022-00046, an 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 Development Project No. 2022-00046; therefore, Development Project
No. 2022-00046 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 would occur because of Development Project No. 2022-00046, 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 March 27, 2023, the Planning Commission did hold a public hearing,
notice of said public hearing having been duly given as required by law and in accordance with
the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and
against proposed final site plan and to investigate and make findings in connection therewith; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines,
and the City's CEQA Procedures, this Planning Commission has found and determined and has
recommended that the City Council so find and determine the following:
1. That Addendum No. 4 together with the CEQA Documents collectively
constitute the environmental documentation under and pursuant to CEQA relating
to the Proposed New Entitlements and the Revised Project.
2. That, pursuant to the findings contained in said concurrent resolution,
the CEQA Documents satisfy all of the requirements of CEQA and are adequate to
serve as the required environmental documentation for Development Project No.
2022-00046 and the Existing Entitlements and, together with Mitigation
Monitoring Program No. 321 for the Existing Entitlements, should be approved and
adopted.
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3. That no further environmental documentation needs to be prepared under
CEQA for Development Project No. 2022-00046; 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 proposed Development Project No. 2022-00046, Addendum No. 4, the
CEQA Documents, and the evidence received to date, the Planning Commission does hereby
approve Development Project No. 2022-00046, in the form presented at the meeting at which this
Resolution was adopted, contingent upon and subject to the approval of (1) the conditional use
permit to transfer residential dwelling units to Development Area D from Development Area F of
the approved A -Town Project, 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
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to the proposed use of the Property in order to preserve the health, safety and general welfare of
the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon compliance with each and
all of the conditions set forth relating to the propose Amended and Restated Development
Agreement No. 2005-00008C. Should any such condition, or any part thereof, be declared invalid
or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 27, 2023.
• r
MAIRPERSON, PLANT] G COMMISSION
OF THE CITY OF AN
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2022-00046
APN: 232-121-31
232-121-32
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PC2023-007
EXHIBIT "B"
CONDITIONS OF APPROVAL FOR FINAL SITE PLAN OF DEVELOPMENT
PROJECT NO. 2022-00046
NO.
RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1
The developer/owner shall submit a set of improvement plans for Public
Public Utilities,
Utilities Water Engineering review and approval in determining the
Water Engineering
conditions necessary for providing water service to the project.
2
Prepare and submit a final grading plan showing building footprints, pad
Public Works,
elevations, finished grades, drainage routes, retaining walls, erosion
Development Services
control, slope easements and other pertinent information in accordance
Division
with Anaheim Municipal Code and the California Building Code, latest
edition.
3
Prepare and submit a final drainage study, including supporting
Public Works,
hydraulic and hydrological data to the City of Anaheim for review and
Development Services
approval. The study shall confirm or recommend changes to the City's
Division
adopted Master Drainage Plan by identifying off-site and on-site storm
water runoff impacts resulting from build -out of permitted General Plan
land uses. In addition, the study shall identify the project's contribution
and shall provide locations and sizes of catchments and system
connection points and all downstream drainage -mitigating measures
including but not limited to offsite storm drains and interim detention
facilities.
4
All required plans and studies shall be prepared by a Registered
Public Works,
Professional Engineer,
Development Services
Division
5
The owner shall obtain the required coverage under California's General
Public Works,
Permit for Stormwater Discharges associated with Construction
Development Services
Activity by providing a copy of the Notice of Intent (NOI) submitted to
Division
the State Water Resources Control Board and a copy of the subsequent
notification of the issuance of a Waste Discharge Identification (WDID)
number.
6
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works,
(SWPPP). The SWPPP shall be kept at the project site and be available
Development Services
for Public Works Development Services Division review upon request.
Division
7
Submit Water Quality Management Plan (WQMP) to the City for
Public Works,
review and approval. The WQMP shall be consistent with the
Development Services
requirements of Section 7 and Exhibit 7.11 of the Orange County
Division
Drainage Area Management Plan (DAMP) for New Development/
Significant Redevelopment projects. identify potential sources of
pollutants during the long-term on-going maintenance and use of the
PC2023-007
NO.
RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
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.
8
Submit a Preliminary Geotechnical Report to the Public Works
Public Works,
Development Services Division for review and approval. The report
Development Services
shall address any proposed infiltration features of the WQMP.
Division
9
The owner shall apply for and obtain vacation of the existing easements
Public Works,
on site that are in conflict with the proposed permanent structures.
Development Services
Division
PRIOR TO ISSUANCE OFBUILDVVG PERMITS
10
A Fire Master Plan shall be submitted at the time that grading plans are
Fire & Rescue
submitted to Public Works for review and approval. The maintenance
Community Risk
agreement shall include fire protection systems(s) inspection, testing,
Reduction Division
and maintenance requirements and shall be submitted with the Fire
Master Plan. AM&M letter shall be submitted and approved with Fire
Master Plan.
11
Development Area C shall be provided with a second stairwell with roof
Fire & Rescue
access, as shown on the approved Final Site Plan Exhibits, Sheets A3.7,
Community Risk
F-1, and F-3. The second stairwell with roof access shall be documented
Reduction Division
on the Fire Master Plan and on the construction plans..
12
Permanent, temporary, and phased emergency access roads shall be
Fire & Rescue
designed and maintained to support an imposed load of 78,000 lbs. and
Community Risk
surfaced to provide all-weather driving capabilities.
Reduction Division
13
All CBC and CFC requirements shall be followed for permit issuance.
Fire & Rescue
Any fire permits which includes fire sprinklers, fire alarm, etc shall be
Community Risk
submitted directly to Anaheim Fire Prevention Department.
Reduction Division
14
Emergency responder radio coverage, DAS/BDA system(s), shall be
Fire & Rescue
required for this project. Orange County Communication Department
Community Risk
(OCCOM) submittal shall be completed by the installing contractor.
Reduction Division
15
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
Electrical Engineering
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
16
A private water system with separate water service for fire protection,
Public Utilities,
domestic water, and irrigation shall be provided and shown on plans
Water Engineering
PC2023-007
NO.
RESPONSIBLE
CONDITIONS OF APPROVAL
DEPARTMENT
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
17
Per California Water Code, Division 1, Chapter 8, Article 5, Section
Public Utilities,
537-537.5) as amended by Senate Bill 7, water submetering shall be
Water Engineering
finnished and installed by the Owner/Developer and a water submeter
shall be installed to each individual unit. Provisions for the ongoing
maintenance and operation (including meter billing) of the submeters
shall be the responsibility of the Owner and included and recorded in
the Master CC&Rs for the project.
18
All requests for new water services, backflow equipment, or fire lines,
Public Utilities,
as well as any modifications, relocations, or abandonments of existing
Water Engineering
water services, backflow equipment, and fire lines, shall be coordinated
and permitted through Water Engineering Division of the Anaheim
Public Utilities Department.
19
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or fire
Water Engineering
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 Owner/Developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
20
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
Public Utilities,
an easement for all large domestic above -ground water meters and fire
Water Engineering
hydrants, including a five (5) -foot wide easement around the fire
hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement
for all water service mains and service laterals all to the satisfaction of
the Water Engineering Division. The easements shall be granted on the
Water Engineering Division of the Public Utilities Department's
standard water easement deed. The easement deeds shall include
language that requires the Owner to be responsible for restoring any
special surface improvements, other than asphalt paving, including but
not limited to colored concrete, bricks, pavers, stamped concrete,
decorative hardscape, walls or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water
facilities. Provisions for the repair, replacement and maintenance of all
surface improvements other than asphalt paving shall be the
responsibility of the Owner and included and recorded in the Master
CC&Rs for the project and/or maintenance agreement for the subject
property.
21
The developer/owner shall submit a water system master plan, including
Public Utilities,
a hydraulic distribution network analysis, for Public Utilities Water
Water Engineering
Engineering review and approval. The master plan shall demonstrate the
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adequacy of the proposed on-site water system to meet the project's
water demands and fire protection requirements.
22
The developer/owner shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow rate
Water Engineering
and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site water
system improvements required to serve the project shall be done in
accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and
Regulations.
23
Individual water service and/or fire line connections will be required for
Public Utilities,
each parcel or residential, commercial, industrial unit per Rule 18 of the
Water Engineering
City of Anaheim's Water Rates, Rules and Regulations.
24
A minimum of two connections to public water mains as shown on the
Public Utilities,
approved Final Site Plan Exhibit, Sheet C3 and water looping inside
Water Engineering
(internal connection between the apartment buildings for Development
Areas C and D) the project are required for domestic water service.
25
Plans shall specifically indicate that all vehicular ramps and grades
Public Works,
conform to all applicable Engineering Standards.
Traffic Engineering
26
Plans for the parking structure shall demonstrate that at -grade ducts and
Public Works,
overhead pipes shall not encroach in the parking space areas or required
Traffic Engineering
vehicle clearance areas.
27
Prior to the issuance of a building permit, the applicant shall submit draft
Public Works,
Covenants Conditions and Restrictions (CC&Rs) for the Master
Traffic Engineering
Association that are prepared by an authorized professional for review
and approval by the City Engineer, Planning Director, and City
Attorney, which will generally provide for the following:
a) A requirement that residents shall use designated parking area,
including garages, only for the parking of vehicles.
b) A provision that parking garages are subject to inspection by the
Association or City of Anaheim staff.
c) A provision requiring that proposed amendments to the CC&Rs
shall be submitted for review to the City Engineer, Planning &
Building Department 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
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utility maintenance, Water Quality Management Plan, and
internal parking.
28
Provide a certificate, from a Registered Civil Engineer, certifying that
Public Works,
the finished grading has been completed in accordance with the City
Development Services
approved grading plan.
Division
29
All onsite sewer lines shall be privately owned and maintained by the
Public Works,
property owner and shall be designed per current CA
Development Services
Building/Plumbing Code, and shall be submitted to, reviewed and
Division
approved by the Building Division.
30
A Right of Way Construction Permit shall be obtained from the
Public Works,
Development Services Division for all work performed in the public
Development Services
right-of-way.
Division
31
The applicant shall submit to the Public Works Development Services
Public Works,
Division for review and approval a Lot Line Adjustment document. The
Development Services
document shall be approved by the City Surveyor and recorded, along
Division
with conforming deed, in the office of the Orange County Recorder.
32
All Landscape plans shall comply with the City of Anaheim adopted
Public Works,
Landscape Water Efficiency Guidelines. This ordinance is in
Development Services
compliance with the State of California Model Water Efficient
Division
Landscape Ordinance (AV 1881).
33
Submit an interim soils report indicating pad compaction and site
Public Works,
stability prepared by the project's Geotechnical Engineer of Record. The
Development Services
pad compaction report needs to include a site plan showing the
Division
compaction testing locations.
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
34
All entrances to parking areas shall be posted with appropriate signs per
Planning & Research
22658(a) C.V.C. to assist in removal of vehicles at the property
Unit,
owner's/manager's request.
Police Department
35
All entrances to parking areas and other appropriate places, shall be
Planning & Research
posted with "No Trespassing 602(k) P.C.." Signs shall be at least 12"
Unit,
wide x 24" high in overall size, with white background and black 2"
Police Department
lettering.
36
Owner/Developer shall provide a complex map in electronic form to the
Planning & Research
Anaheim Police Department.
Unit,
Police Department
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37
Fire lane markings and signage shall comply with AFD Fire Lane
Fire & Rescue
Standard.
Community Risk
Reduction Division
38
Prior to connection of electrical service, the legal owner shall provide to
Public Utilities,
the City of Anaheim a Public Utilities easement with dimensions as
Electrical Engineering
shown on the approved utility service plan.
39
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
40
Owner/Developer shall post an electrical performance bond as
Public Utilities,
determined by Public Utilities.
Electrical Engineering
41
Owner/Developer shall install street lights as determined and planned
Public Utilities,
by Public Utilities. The legal owner shall post a bond for street lighting
Electrical Engineering
as determined by Public Utilities per Rule 24 front foot fees.
42
Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the property,
Water Engineering
behind the property line in accordance with Public Utilities Department
Water Engineering Division requirements.
43
Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
Public Works
parking in the drive aisles. Red curb locations shall be clearly labeled
Traffic Engineering
on building plans.
44
Fire lanes shall be posted with "No Parking Any Time." Said
Public Works
information shall be specifically shown on plans submitted for building
Traffic Engineering
permits.
45
All public improvements shall be constructed by the developer,
Public Works,
inspected and accepted by Construction Services prior to final building
Development Services
and zoning inspection.
Division
46
All remaining fees/deposits required by Public Works department must
Public Works,
be paid in full.
Development Services
Division
47
Record Drawings and As -Built Plans shall be submitted for review and
Public Works,
approval to the Department of Public Works, Development Services
Development Services
Division.
Division
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48
Owner/Developer shall submit an application for a coordinated sign
Planning and Building
program, pursuant to Section 18.20.150 (Signs) of the Platinum Triangle
Department,
Mixed Use (PTMU) Overlay Zone, for the artwork located in the urban
Planning Services
plaza as indicated on Sheet L-10 of the Final Site Plan as keynote #1.
Division
ONGOING DURINGPROJECT OPERATION
49
Restaurant uses shall not exceed 14,105 square feet of the total gross
Planning and Building
floor area of commercial space and 972 square feet of outdoor dining
Department,
area in Development Area C.
Planning Services
50
Owner/Developer shall maintain artwork located in the urban plaza as
Planning and Building
indicated on Sheet L-10 of the Final Site Plan as keynote #1.
Department ,
Planning Services
Division
51
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right-of-way,
Water Engineering
public utility easement or City easement area including but not limited
to colored concrete, bricks, pavers, stamped concrete, walls, decorative
hardscape or landscaping that becomes damaged during any excavation,
repair or replacement of City owned water facilities. Provisions for
maintenance of all said special surface improvements shall be included
in the recorded Master CC&Rs for the project and the City easement
deeds.
52
Owner/Developer shall file an Emergency Listing Card, Form APD-
Planning & Research
281, with the Police Department, available at the Police Department
Unit,
front counter. This card should include on and off site property
Police Department
management contact information for regular business hours as well as
emergency after hours contacts.
GENERAL
53
The following minimum horizontal clearances shall be maintained
Public Utilities,
between proposed water main and other facilities:
Water Engineering
• 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.):
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• 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.
The following additional minimum clearances shall be maintained
between existing and proposed public water main and other
facilities:
• 10 -feet minimum horizontal separation (outside wall -to -
outside wall) from sanitary sewer mains and laterals.
• 6 -feet minimum separation from curb face.
• 12 -inch minimum vertical separation from other utilities.
54
No public water main or public water facilities shall be installed in
Public Utilities,
private alleys or paseo areas.
Water Engineering
55
No public water mains or laterals shall be installed under parking stalls,
Public Utilities,
parking lots, or driveways.
Water Engineering
56
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities,
meter, Hersey Residential Fire Meter with Translator Register, no
Water Engineering
equals.
57
Owner/Developer shall comply with all applicable conditions of
Planning and Building
approval under Resolution No. PC2015-069.
Department,
Planning Services
Division
58
Owner/Developer shall be responsible for compliance with and any
Planning and Building
direct costs associated with the monitoring and reporting of all
Department,
mitigation measures set forth in the attached Mitigation Monitoring Plan
Planning Services
(MMP) No. 321, established by the City of Anaheim as required by
Division
Section 21081.6 of the Public Resources Code to ensure implementation
of those identified mitigation measures within the timeframes identified
in the measure. MMP No. 321 is made a part of these conditions of
approval by reference.
59
Signage shall be consistent with Section 18.20.150 (Signs) of the
Planning and Building
Platinum Triangle Mixed Use (PTMU) Overlay Zone.
Department,
Planning Services
Division
60
The developer shall pay all applicable fees required under the Anaheim
Public Works,
Municipal Code.
Development Services
Division
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RESPONSIBLE
DEPARTMENT
61
The project is expressly conditioned upon the applicants' indemnifying
Planning and Building
and holding harmless the City, its agents, officers, council members,
Department,
employees, boards, commissions and their members and the City
City Attorney's Office
Council from any claim, action or proceeding brought against any of the
foregoing individuals or entities, the purpose of such litigation being to
attack, set aside, void or annul any approval of the application or related
decision, or the adoption of any environmental documents which relates
to the approval of the Proposed Actions. This indemnification shall
include, but is not limited to, all reasonable damages, costs, expenses,
attorney fees or expert witness fees that may be awarded to the
prevailing party, and costs of suit, attorneys' fees, and other costs,
liabilities and expenses arising out of or in connection with the approval
of the application or related decision, whether or not there is concurrent,
or passive negligence on the part of the City, its agents, officers, council
members, employees, boards, commissions and their members and the
City Council. The property owner/developer shall have the right to
select legal counsel. The City shall have the right to approve, which
approval will not be unreasonably withheld, the legal counsel providing
the City's defense, and the applicant shall reimburse the City for any
costs and expenses reasonably incurred by the City in the course of the
defense. No later than 30 (thirty) days following the City Council's
adoption of the Ordinance adopting Development Agreement No. 2005-
00008, the legal property owner shall provide a letter to the City
satisfactory to the City Attorney's Office memorializing the foregoing.
PC2023-007
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on March 27, 2023, by the following vote of the members
thereof:
AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Lieberman,
Perez, Tran -Martin, and Walker
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 27h day of March, 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-007