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ITEM NO. 1
DEVELOPMENT APPLICATION NO. 2020-00125
Location: The approximately 100-acre ocV!be project site is generally bounded by State Route 57 (SR-57) to the west, (excluding the parcel at the southwest corner of Katella Avenue and Douglass Road), the Santa Ana River to the east, the confluence of the SR-57 and Santa Ana River to the south, and the Southern California Edison easement to the north. Off-site improvement areas include the State Route 57 (SR-57)
northbound Katella Avenue off-ramp and intersection, SR-57 southbound Ball Road off-ramp and intersection, and dedication and improvements to River Road.
Request: The applicant requests approval of the proposed ocV!BE project (DEV2020-00125) consisting of the following:
1,922,776 square feet (s.f.) of commercial uses including entertainment and commercial indoor and outdoor recreation venues (including new indoor and outdoor live performance theaters, bars and nightclubs, bowling lanes, dancing venues, an amphitheater and outdoor seasonal events), retail, and restaurant uses including the existing Honda Center; 961,055 s.f. of office uses including the existing Arena Corporate Center; 250,000 s.f. of institutional uses including the existing Anaheim Regional Transportation Intermodal Center (ARTIC); 1,500 residential dwelling units including 195 affordable dwelling units proposed in connection with a Density Bonus request; parks and open space including a new public park (Meadow Park); parking areas; pedestrian bridges crossing Katella Avenue and Douglass Road; and, changes to the
roadway network (including a new public street between
Katella Avenue and Ball Road proposed to be named River Road, the abandonment of Douglass Road between Katella
Avenue and Cerritos Avenue and new private streets).
Following are the proposed applications associated with this request:
GENERAL PLAN AMENDMENT (GPA2020-00532): The
applicant requests to amend the General Plan Land Use,
Circulation and Green Elements to change the designation of parcels located north of Katella Avenue from Office-Low (approximately 31 acres) and Open Space (approximately 8 acres) to Mixed-Use Urban Core; modify the total amount of development permitted in the Platinum Triangle to increase the amount of residential development to 17,840 dwelling units, increase the amount of commercial development to 6,195,019 s.f., decrease the amount of office development to 11,659,338 s.f. and decrease the amount of institutional development to 250,000 s.f.; remove a portion of Douglass Road between Katella
Recommended City Council
approval of the project and
approved Resolution Nos.
PC2022-079, PC2022-080,
PC2022-081 (as amended),
PC2022-82
MOTION: (Heywood/Perez)
ROLL CALL VOTE: 5-0
Chairperson Pro-Tem Kring,
and Commissioners Heywood,
Mouawad, Perez, and White
voted yes.
Chairperson Vadodaria and
Commissioner Meeks absent.
Project Planner:
Scott Koehm
[email protected]
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Avenue and Cerritos Avenue; add a new street named River Road between Katella Avenue and Ball Road (this includes Phoenix Club Drive south of Ball Road which is proposed to be renamed River Road); add a new approximately 4-acre Public Park (Meadow Park); amend the Bicycle Master Plan to reflect bicycle facility changes associated with the proposed removal and addition of streets; and, revise maps, figures, text, and tables throughout the General Plan to reflect these changes.
PLATINUM TRIANGLE MASTER LAND USE PLAN
AMENDMENT (PTMLUP) (MIS2020-00739): The applicant
requests to amend the PTMLUP to rename the ARTIC District to the Transit District; expand the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone by approximately 8 acres, change boundaries of the ARTIC (Transit), Katella Sub- Area D, Office and Arena Districts; modify the permitted amount of development within the PTMU Overlay Zone to up to 17,840 residential dwelling units, 6,195,019 s.f. of commercial development, 11,659,338 s.f. of office development and 250,000 s.f. of institutional development; add a new appendix for the ocV!BE Sign and Identity Program; and, revise figures, text, and tables throughout the PTMLUP associated with this request.
RECLASSIFICATION (RCL2020-00333): The applicant
proposes to reclassify parcels to apply the Platinum Triangle Mixed Use (PTMU) Overlay Zone to the existing O-L (Low
Intensity Office) Zone on approximately 31 acres and the existing C-G (General Commercial) Zone on approximately 8 acres, within the proposed Arena District north of Katella Avenue.
ANAHEIM MUNICIPAL CODE AMENDMENTS (ZCA2020-
00174): The applicant requests modifications to Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); Chapter
18.38 (Supplemental Use Regulations); Chapter 18.40 (General Development Standards); Chapter 18.60 (Procedures) and, Chapter 18.62 (Administrative Reviews). The proposed
amendments are to amend use classifications, District names, development intensities, development standards, and procedures to allow development within the Arena and Transit Districts in the Platinum Triangle Mixed Use Overlay Zone.
SPECIAL SIGN DISTRICTS AMENDMENTS: The applicant
requests to amend Chapters 4.04.400 (ARTIC Special Sign District), 4.04.401 (Arena/Stadium Special Sign District) and
4.08.020 (Advertising Signs Along Freeways) of Title 4 (Business Regulation) of the Anaheim Municipal Code to reflect proposed on- and off-site advertising signs for the ocV!be project.
DEVELOPMENT AGREEMENT (DAG2020-00004): The
applicant requests a development agreement between the City of AUGUST 29, 2022
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Anaheim and Anaheim Real Estate Partners, LLC including a Master Site Plan (MIS2020-00751) and a request for Density Bonus and Development Incentives pursuant to Chapter 18.52 (Housing Incentives) of the Anaheim Municipal Code.
FINAL SITE PLAN (FSP2020-00004): The applicant requests approval of a final site plan, which encompasses approximately
10.23 acres north of Katella Avenue in the Arena District, Sub- Area B, to construct two six-level parking structures (Parking Decks B and C) with 4,538 parking spaces and a 12,885 s.f., three-story security hub for police and security office space.
FINAL SITE PLAN (FSP2020-00005): The applicant requests approval of a final site plan, which encompasses approximately
5.93 acres north of Katella Avenue in the Arena District, Sub- Area B, to construct 221,413 sf of commercial uses including an indoor live performance theater and outdoor entertainment areas; office, retail, and indoor and outdoor restaurant space; a private Urban Park (plaza); and, an outdoor Paseo (pedestrian corridor) adjacent to the Urban Park and Honda Center.
FINAL SITE PLAN (FSP2020-00006): The applicant requests approval of a final site plan, which encompasses approximately
1.64 acres north of Katella Avenue in the Arena District, Sub- Area C, to construct 33,830 s.f. of commercial uses including a new lobby entrance to the west side of the Honda Center, retail shops, and, restaurants with indoor and outdoor dining areas.
FINAL SITE PLAN (FSP2020-00007): The applicant requests approval of a final site plan, which encompasses approximately
2.93 acres north of Katella Avenue, east of the Honda Center, and adjacent to the new public road (River Road) in the Arena District, Sub-Area C, to construct a five-level parking structure (Parking Deck D) with 1,190 parking spaces.
FINAL SITE PLAN (FSP2020-00008): The applicant requests approval of a final site plan, which encompasses approximately
7.77 acres within the Southern California Edison easement, adjacent to Phoenix Club Drive (to be renamed River Road) in the Arena District, Sub-Area A, to construct a surface parking lot with approximately 938 employee parking spaces.
CONDITIONAL USE PERMIT (CUP2010-05492) AMENDMENT:
The applicant requests an amendment to the conditional use permit relating to parking and circulation for ARTIC.
CONDITIONAL USE PERMIT: A request to permit the following conditionally permitted uses within the ocV!BE project including Alcoholic Beverage Manufacturing, Alcoholic Beverage Sales- Off-Sale and On-Sale, Bars and Nightclubs, Entertainment AUGUST 29, 2022
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Venues, Farmer’s Market, Recreation Commercial-Outdoor and - Indoor, Retail Sales-Outdoor, Murals, and Wine Bar.
MINOR CONDITIONAL USE PERMIT: A request to permit the
ocV!BE Coordinated Sign Program and Valet Parking.
TENTATIVE TRACT MAP (TTM NO. 19153): The applicant
requests approval of Tentative Tract Map No. 19153, which encompasses approximately 70.7 acres north of Katella Avenue in the Arena District, to subdivide existing lots into 16 numbered lots (including two air-space lots) for the purpose of commercial development and seven lettered lots for private streets (Douglass Road, Stanley Cup Way, and Cerritos Avenue) including
landscape areas, and to dedicate public streets right-of-way (Katella Avenue and River Road).
Environmental Determination: This project was reviewed using the standards contained in the CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Planning Commission will consider whether Addendum No. 11 to Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339), Mitigation Monitoring and Reporting Plan (MMP) No. 106C and Mitigation Monitoring and Reporting Plan No. 383 (MMP No. 383), together with other previously approved environmental documents for development in the Platinum Triangle area, is the appropriate environmental documentation for the project.
Scott Koehm, Principal Planner, provided a summary of the staff report dated August 29, 2022, and a visual presentation. He noted that the request is for various land use entitlements for ocV!BE, a proposed mixed-use development with nearly 2 million square feet of commercial uses, 1 million square feet of office uses, 250,000 square feet of institutional uses, 1,500 residential units including 195 affordable units, public and private parks, and a network of public and private streets surrounding the Honda Center within the Platinum Triangle. He provided an overview of the background on the Platinum Triangle and the project site; then provided an overview of the major project components such as the concert hall, market hall, hotels, residential neighborhood, offices and amphitheater, provide a description of the parking plan, the parks and open space planned for the project, and the project phasing. Principal Planner Koehm also provided a description of the required land use entitlements and discretionary actions needed for project approvals, and concluded with a summary of the environmental analysis undertaken for the project, and staff’s recommendation.
Heather Allen, Principal Planner presented an errata document and noted that it contains two areas of additional text for consideration. The first is a conditional approval for specified uses.
One of the categories of uses that it covers are those that are licensed by the Alcoholic Beverage Control. There are a number of operating provisions that are included in Exhibit B to Attachment 13, which is the resolution recommending that the Planning Commission recommend the City Council approve the Conditional Use permit for the specified uses.
Attachment 1 to the errata document adds the additional operating conditions at the request of the Police Department. The second area of changes relates to the Development Agreement and two amendments pertaining to the water utility fees and the electrical utility fees. Language was AUGUST 29, 2022
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added which references the rules which would be applicable in addition to others already identified. She noted that the draft addendum that was previously provided had a placeholder for Exhibit P, which describes the fees that are applicable to the project that shall be paid by the owner. Attachment 3 in the errata document is Exhibit P, and the additional language for the two fees are included in the errata package. Principal Planner Allen noted that staff is also proposing additional language be added to the resolution from the Planning Commission recommending City Council adoption of the Development Agreement with respect to a land exchange, which is shown in the Master Site Plan. She noted language is being added to identify the land exchange between the City and the applicant, and it is a finding that it is consistent with the General Plan.
Ted White, Director of Planning and Building, stated that this project is one of the most consequential projects in the history of the City, and it easily represents the largest single project economic investment staff has seen. He stated that staff would not be before the Planning Commission without a great community partner in the Samueli family and the Ducks Organization, and without their talented and hardworking team of technical advisors and designers. Director White thanked them for their commitment and investment in the community.
He also recognized the incredible team of city employees who have been working tirelessly on the project. He stated that the City’s development review team, representing all City Departments is the best in the business, and this project would not have happened without their hard work and dedication. Director White specifically thanked the City Attorney’s Office, Scott Koehm, Linda Johnson, Heather Allen, Leonie Mulvihill, Niki Wetzel, Mike Eskander, Rafael Cobian, JJ Jimenez, and all the team members who took on lots of extra work to free up time for those staff working on this project. He stated that it truly took a village, or in this case a city, to bring this project forward for consideration.
Commissioner Perez asked where the nightclub space will be located. Principal Planner Koehm explained that nightclubs are not proposed at this time, but the Master Site Plan contemplates them.
Commissioner Perez asked how many levels Parking Lots B and C are. Principal Planner Koehm responded that he would look up the information and get back to him.
Commissioner Perez asked in what phases the bike lanes would be implemented. Principal Planner Koehm responded that the bike lanes will be implemented in the first phase because they will be included in the circulation improvements.
Commissioner Perez asked if Parking Lot D will specifically serve the Honda Center. Principal Planner Koehm responded that while Parking Lots B, C and D will serve the Honda Center, Parking Lot D will specifically serve the Honda Center. He deferred to the applicant on how Parking Lot D will be used.
Commissioner Perez asked how many residential units the applicant could build on the site.
Principal Planner Koehm explained that based on the acreage of the site being used for residential purposed, the maximum number is 1,284. He clarified that with the density bonus, they are able to build more.
Commissioner Perez asked how staff determined that an additional Environmental Impact Report (EIR) was not needed. Leonie Mulvihill, Assistant City Attorney, clarified that under the California Environmental Quality Act (CEQA), specific parameters are set as to the AUGUST 29, 2022
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circumstances under which additional environment review must be completed once there is a project that has already been the subject of an EIR, in this case it would be the Platinum Triangle. In this instance, the City reviewed the project description as proposed and determined that none of those parameters had been hit, and that it would proceed by way of an addendum for purposes of satisfying review under CEQA.
Principal Planner Koehm referenced Commissioner Perez’s previous question regarding the height of Parking Lots B and C, and noted that they are six stories.
Chairperson Pro Tem Kring opened the public hearing.
Brian Myers, ocV!BE Representative, thanked City staff and all the departments who have worked tirelessly to help prepare this entitlement package. He stated that their effort was truly remarkable, as has been the effort of his hardworking team. He stated that he has a large team and the City has matched that equally with great talent. Mr. Myers stated that both teams worked through some complexities on this project, meeting several times a week for over two years, and although both teams did not always agree, there were respectful resolutions. He assured the Planning Commission that City staff are diligent gatekeepers for the City’s interests.
Mr. Myers noted that both teams were great problem solvers, which is what it takes to get a project like this to the point it is today. He stated his team hosted nearly 100 presentations with stakeholders, interest agencies, members of the public and most recently to this Commission last month at a public study session. Mr. Myers shared that the input received from the community, helped shape and fine-tune the project. His team has been working on ocV!BE since they entered into an agreement in 2018 to extend the lease for the Anaheim Ducks, the Management Agreement for the Honda Center and initiated the Management Agreement for the Artic, keeping the Ducks in Anaheim for at least the next 30 years and more with extensions. ocV!BE represents the dream of the Samueli family. The dream is not just an incredibly designed and engineered transit oriented master plan community where the residents of Anaheim and surrounding regions can live, work, and play, but to create a thriving community that is inclusive to everyone, sustainable at every level, and a community where a sense of purpose transcends a sense of place. These are ambitious goals, but the Samueli’s have adopted these principals, and the entire organization is determined to see it built in Anaheim.
Mr. Myers explained that the ocV!BE project will deliver over 20 acres of publicly accessible open space, over three miles of public trails, 195 affordable housing units, over 250 million dollars of public benefits, and nearly 400 million reinvested in the plazas around the Honda Center. Mr. Myers respectfully asked that the Planning Commission consider the recommendation of approval for ocV!BE. Mr. Myers noted that his team had last minute meetings with a couple of the auto dealers in the Auto Center in the last couple of days. The auto dealers requested that a signalized intersection be considered at River Road and Auto Center Drive. He noted that the intersection is not currently signalized, but after an implementation plan, if a signalized intersection is warranted, the project will be responsible for that improvement.
In response to Planning Commission questions, Mr. Myers stated that nightclubs are not currently proposed. He noted that there might be a possibility of nightclubs in the future, and that is why nightclubs are addressed in the Master Site Plan. He noted that Parking Lot D will be for season ticket holders and VIPs since the parking deck is directly attached to the Honda Center. Mr. Myers clarified that the remaining parking lots will be shared, and his team has done a lot of work looking at shared use analyses, not just for parking but when people arrive and how they will use the facilities.
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Commissioner Perez asked how tall the cube tower will be. Mr. Myers believed it will be an 8- story building.
Ernesto Medrano, on behalf of the Los Angeles and Orange County Building and Construction Trades Council, stated that he represents 140,000 hardworking men and women in both counties. He stated that he would like applaud the owners of the Anaheim Ducks for moving forward with the $4 million private investment. ocV!BE represents a culmination of years of planning efforts by the City of Anaheim to activate the Platinum Triangle. He stated this is a legacy project for Anaheim. He believed that ocV!BE will create a one of a kind mixed-use master plan community and entertainment destination surrounding the Honda Center. Mr.
Medrano stated that the project will create millions of dollars in revenue as well as 10,000 construction jobs and career pathways for individuals in their apprenticeship program. The Los Angeles and Orange County Building and Construction Trades Council is working earnestly with the applicant and are optimistic in reaching an agreement that will ensure a skilled and trained local workforce on the job site, which includes local veterans. This will allow Anaheim and Orange County residents to work on this important community project while earning a strong wage with benefits and pensions to support their families. Mr. Medrano noted that this project will also include important community benefits like affordable housing, parks, and significant public improvements. He urged the Planning Commission to approve the project and allow Los Angeles and Orange County Building and Construction Trades Council members to put on their work boots, tool belts, and hardhats and start working.
Bridget McConaughy, on behalf of UNITE HERE Local 11, thanked the City for the opportunity to provide comments, but did not believe there has been adequate time for the public to review this very complex project. She stated this is a massive project and falls within an even larger Platinum Triangle plan area, which includes an environmental review history spanning over 25 years, including Environment Impact Reports (EIR) and double digit addendums. Ms.
McConaughy stated that UNITE HERE local 11 questions the addendums claims that the project will not result in any new significant and/or severe impacts and/or require any additional mitigation measures. She stated that much has changed since the Supplemental Environmental Impact Report (SEIR) was approved in 2010, such as more effective mitigation efforts that may substantially lessen impacts previously found significant. Additionally, the prior SEIR relied on outdated methodology. Ms. McConaughy stated that while the addendum claims that the project would have fewer emissions than what was previously approved, the technical studies could not be compared to verify there are true “apples to apples” comparisons. For example, state regulations requiring cleaner fuel and greener energy, which has nothing to do with the project, would make the project appear on paper to be better, but there is no meaningful metric to show how efficient this project will be. The project also includes several significant changes to onsite and offsite circulation patterns including new and widened roads, which tend to induce more vehicle miles travelled. Ms. McConaughy had concerns with the project and asked respectfully for a slight pause so the public has more time to review the addendum.
Victoria Chavez, UNITE HERE Local 11 Member, noted that the project allows the developer to build affordable housing off-site and she believed it is critical that the site include and meet housing options and not just become a destination for tourists. Ms. Chavez questioned why the request would allow the Planning Director to approve alcohol related permits and allow farmer’s markets by right without a Conditional Use Permit.
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John Hanna, representing the 65,000 members of the Southwest Regional Council of Carpenters, stated that they strongly encourage the Planning Commission to support the ocV!BE project. He thanked City Staff for their efforts on this very involved project, and the Samueli family and the developer’s team for this outstanding project. He stated the project represents a thoughtful and community based plan for Anaheim and creates a destination for the community to live, work, and play. Mr. Hanna stated that the project will reduce the amount of vehicle miles traveled, will create 10,000 construction jobs, will provide opportunities for Southwest Carpenters members to live in Anaheim. He stated that this project provides many important community benefits including the affordable housing component. He thanked Dan Young and the development team for working with carpenters in the building trades to ensure a skilled and local workforce that will keep dollars in the Anaheim community by using State certified apprentices. Mr. Hanna noted that the South Coast Air Quality Management District found that the use of state certified apprentices will reduce vehicle miles traveled resulting in a cleaner environment for all. He urged the Planning Commission to support this project.
Kathleen Luizi, Representative for the 200+ homeowners located at Sunkist Garden Senior Housing Center, noted that the ocV!BE team hosted an open house a couple months ago, answered many questions, and swayed residents to be very much in favor of the project.
However, homeowners are still concerned about construction noise and logistics, and increased traffic and noise from the concert area after project completion. Ms. Luizi noted that many residents work at the Honda Center and requested an expansion of sidewalks for the safety of individuals riding their bikes or walking to work from Sunkist Garden.
Cecil Jordan Corken spoke about gun safety laws and gun violence.
Chairperson Pro Tem Kring acknowledged the Samueli Corporation because a lot of energy, work, time, and sweat was put into the project.
Commissioner Heywood asked if the developer is working on addressing the Sunkist Garden Senior Housing Center concerns. Mr. Myers responded affirmatively and noted there is a team that will work with all surrounding landowners regarding construction logistics and coordination, and they will be able to provide input in that process. He noted that City staff will be involved also because his team is required to provide construction logistics. Mr. Myers noted that his team had a fabulous time with the community at Sunkist Garden, and the residents were assured that they will be able to provide input regarding construction logistics and coordination.
He stated he was happy to hear that several residents of Sunkist Garden walk over to the site today either for events, to get to the transit center, or that work there. Mr. Meyers noted that his team is working cooperatively with Staff in finding solutions for sidewalk improvements along Cerritos, but can only offer a shuttle service as this time since they do not own the undeveloped land.
Commissioner Heywood commended the applicant for the transparency and the engagement both with the community and stakeholders. He stated that he hopes this project will serve as an example, and a standard moving forward for other large projects in the City.
It was moved by Commissioner Heywood, seconded by Commissioner Perez to recommend approval of the project to the City Council.
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Commissioner Perez asked when the Artic Management Agreement would terminate. Director White responded in 2048, and noted it is coterminous with the Honda Center Management Agreement as well.
Commissioner Perez asked how many jobs will be created, outside of construction jobs, if the project moves forward. Mr. Myers responded that an early analysis with an economist projected that over 3,000 permanent jobs will be created.
Commissioner Perez asked how many parking spaces are designated for Artic in Parking Lot A.
Linda Johnson, Principal Planner, responded that there are currently 456 spaces in Parking Lot A in front of Artic.
Commissioner Perez asked what the total amount of parking spaces for Parking Lots A, B, C, and D is. Principal Planner Johnson responded that the total amount of parking spaces for the three parking lots is 1,082. She noted that Parking Lot B has 221, and Parking Lot C has 405.
She clarified that those parking spaces are for the parking areas south of Katella Avenue.
Commissioner Perez stated that the applicant has gone above and beyond what is required for public input. He asked if the project could provide 15 percent affordable housing. Mr. Myers explained that 15 percent has been provided by including the affordable housing off sight solution. He stated that the Development Agreement requires 15 percent affordable housing.
Commissioner Perez asked if the project could get to 13 percent onsite. Mr. Myers responded that as currently proposed, the project is just over 12 percent with 195 units. He clarified that there is a Memorandum of Understanding that is specific on the number of affordable units, location, and income categories.
Commissioner White commended the Samueli family for a project done right, particularly the 15 percent affordable housing commitment. He requested clarity on the rezone of the open space section.
Mr. Myers responded that there will be approximately 20 acres of publicly accessible open space with two parks in the Platinum Triangle, four plazas, open space along the river with three miles of trails and free parking. The open space will be privately maintained and built, but open to the public.
Commissioner Mouawad referenced the letter submitted by the Orange County Transportation Authority (OCTA) regarding the commitment of 900 parking spaces for Artic, and asked if there was going to be parking deficiencies during construction.
Director White responded that the Development Agreement specifically mentions that the minimum 900 parking spaces that are contractually obligated will be maintained. Those spaces are going to shift as construction phasing occurs, but there are phasing plans that will maintain the 900 parking spaces. Moving forward there is going to be 1,082 parking spaces available south of Katella Avenue that will serve that area, including the Arctic facility.
Commissioner Perez asked if the restaurants and bars are dedicated specifically for the hotel use. Mr. Myers responded that the restaurants and bars are currently proposed to be open to the public.
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Chairperson Pro Tem Kring asked if the jobs that will be created include the hotel jobs. Mr.
Myers responded affirmatively, and clarified that the analysis was prepared about two years ago, before the plan evolved. He noted that the analysis will be updated when final site plans are prepared.
Chairperson Pro Tem Kring thanked the Samueli family for investing in the Anaheim Ducks, ocV!BE, the Platinum Triangle, and she looks forward to opening day.
Chairperson Kring closed the public hearing.
It was moved by Commissioner Heywood to amend his motion to include the errata document, seconded by Commissioner Perez.
ROLL CALL VOTE: AYES – 5 (Chairperson Pro Tem Kring and Commissioners Heywood, Mouawad, Perez, and White); NOES – 0; ABSENT – 2 (Chairperson Vadodaria and Commissioner Meeks). Motion carried 5-0.