Resolution-PC2025-036RESOLUTION NO. PC2025-036
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVE AND ADOPT DEVELOPMENT
AGREEMENT NO. 2025-00001 BY AND BETWEEN THE CITY OF
ANAHEIM, AND OTR, AN OHIO PARTNERSHIP
(DEV2023-00043)
(GENERALLY LOCATED ALONG THE SOUTH SIDE OF SANTA
CANYON ROAD, BETWEEN FESTIVAL DRIVE AND ROOSEVELT
ROAD)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section
65864) of the Government Code of the State of California (herein referred to as the "Statute")
authorizes a city to enter into a contract which is called a development agreement in order to
establish with certainty what regulations will govern the construction of a development; and
WHEREAS, the City Council of the City of Anaheim (herein referred to as the "City
Council"), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred
to as the "Enabling Ordinance"), making the City subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council
adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the "Procedures
Resolution"), establishing procedures and requirements for consideration of development
agreements by the City upon receipt of an application therefor; and
WHEREAS, in accordance with the Statute and the Procedures Resolution (herein referred
to collectively as the "Development Agreement Law"), the Planning Commission of the City of
Anaheim (the "Planning Commission") did receive a verified petition for a General Plan
Amendment, Specific Plan Amendment, Final Site Plan, and Development Agreement from Shea
Properties Management Company, Inc. ("Developer") to demolish an existing cinema building
and construct 447 multiple -family residential units in combination with an existing commercial
development and related entitlements (the "Proposed Project"), for that certain real property
located generally located along the south side of Santa Ana Canyon Road, between Festival Drive
and Roosevelt Road 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, the Proposed Project includes the following land use entitlements:
1. An Amendment of the General Plan Land Use Element to amend Figure LU-4
(Land Use Plan) to re -designate a portion of the Project Site from "Regional Commercial" to
"Mixed -Use Medium."
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2. Amendment No. 6 to Specific Plan No. 90-1, to amend the Anaheim Hills Festival
Specific Plan and the Development Standards (Chapter 18.108 of Title 18). The proposed
amendment would create a new mixed -use development area within the existing Specific Plan
area, make related changes to the development standards for the new development area, and make
clarifying changes to the existing development areas for permitted uses and signage.
3. A Final Site Plan to permit a multiple -family residential development and to
demonstrate compliance with the guiding principles and standards in the amendment to Specific
Plan No. 90-1.
4. A Development Agreement between the City of Anaheim and OTR, an Ohio
Partnership to provide certainty to OTR and specified benefits to the City.
WHEREAS, Development Agreement No. 2025-00001 is on file with the City of Anaheim
Planning and Building Department and incorporated herein by this reference as if set forth in full;
and
WHEREAS, the Development Agreement is proposed to provide for the development of
the Proposed Project and certain vested development rights for the term of the Development
Agreement, and in return the Developer would provide specified public benefits; and
WHEREAS, OTR has demonstrated that it meets the eligibility requirements of Section
1.3 of the Procedures Resolution to enter into Development Agreement No. 2025-00001 since the
Proposed Project is a large scale development that, upon completion, shall result in the
construction of at least 250 dwelling units; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedures,
the City is the "lead agency" for the preparation and consideration of environmental documents
for the Proposed Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 17, 2025, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
related actions, and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, at said public hearing, but in prior time to the adoption of this Resolution, and
based upon its independent review, analysis, and consideration of the environmental 1 information
contained in Final EIR No. 358 prepared in connection with the Proposed Project, the Planning
Commission did adopt its resolution No. PC2025-033 finding and recommending that the City
Council certify FEIR No. 358, including the adoption of Findings of Fact, Statement of Overriding
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PC2025-036
Considerations, and Mitigation Monitoring Program ("MMP") No. 397, and determining that (i)
FEIR No. 358 was prepared for the project in compliance with the requirement of the CEQA and
all applicable CEQA Guidelines, (ii) FEIR No. 358 and MMP No. 397 are adequate to serve as the
appropriate environmental documentation for the Proposed Project and, (iii) no further
environmental documentation needs to be prepared for CEQA for the Proposed Project; and
WHEREAS, the Planning Commission, after due consideration, inspection, investigation
and study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request for the Proposed Project, does hereby further
find and determine that Development Agreement No. 2025-00001 meets all of the standards and
requirements set forth in the Procedures Resolution, which was adopted by the City Council on
November 23, 1982, that is:
1. Development Agreement No. 2025-00001 is consistent with the goals, policies,
programs and objectives specified in the General Plan and with the purposes, standards and land
use guidelines therein and Specific Plan No. 90-1, including following the approval of the
amendments now pending. The proposed Mixed -Use Medium land use designation is intended to
allow flexibility for parcels that could transition from strip commercial uses to residential or a mix
of residential, commercial, and office development. The Project would provide for a mixed -use
development in DA 5 with a mix of residential, commercial, and office uses.
2. Development Agreement No. 2025-00001 is compatible with the uses authorized
in, and the regulations prescribed for, the development area applicable to the Property, as proposed
for amendment, as a 447 unit multiple -family development would be consistent with the zoning
and development standards of the amended Specific Plan.
3. Development Agreement No. 2025-00001 is compatible with the orderly
development of property in the surrounding area. The Agreement includes Exhibit C, which
provides for construction sequencing for the residential development and improvements to the rest
of the shopping center, and would be compatible with the surrounding commercial and residential
uses in the Specific Plan.
4. Development Agreement No. 2025-00001 is not otherwise detrimental to the health
and safety of the citizens of the City of Anaheim as it will provide specified public benefits. All
potential environmental impacts were extensively analyzed in the Project EIR and could be
mitigated to a less than significant impact, with the exception of vehicle miles traveled (VMT);
however, the benefits of the proposed development would outweigh such impact. The Project
would be subject to MMP No. 397, which includes mitigation measures and project design features
that would further reduce potential impacts. Further, Development Agreement No. 2025-00001
constitutes a lawful, present exercise of the City's police power and authority under, is entered into
pursuant to, and is in compliance with the City's charter powers, the requirements of Section 65867
of California Government Code and the Procedures Resolution; 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
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PC2025-036
record, including testimony received at the public hearing, the staff presentations, 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, BE IT FURTHER RESOLVED that, based upon the aforesaid findings and
determinations, the Planning Commission does hereby recommend that the City Council approve
Development Agreement No. 2025-00001, in the form presented at this meeting, contingent upon
and subject to the adoption by the City Council of (1) an ordinance approving Amendment No. 6
to the Anaheim Hills Festival Specific Plan No. 90-1 and the Zoning and Development Standards
(Chapter 18.108 of Title 18); and (2) resolutions approving the General Plan Amendment to Figure
LU-4 and Final Site Plan.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 17, 2025. /J 1 1
CHAIRPERSON, PLAPING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SEC TARY, PLA1NXING COMMISSION
OF T ANAHEIM
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PC2025-036
EXHIBIT "A"
DEV NO.2023-00043
ETA g4A CANYON Ro
300 Source: Recorded Tract Maps and/or City GiS.
V � Fee[ Please note the accuracy is +/- two to five feet.
PC2025-036
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Bridgette Bambrick, 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 November 17, 2025, by the following vote of the
members thereof:
AYES: Commissioners Abdulrahman, Castro, Lieberman, Perez, Tran-Martin, and Walker.
NOES:
ABSTAIN:
ABSENT: Commissioner Kelly
IN WITNESS WHEREOF, I have hereunto set my-l�nd this 17th day of November 2025.
SECREI"A, PLANNING COMMISSION
OF THE CITY OF ANAHEIM