200 S. Anaheim Blvd.
Suite
#162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: OCTOBER 29, 2024
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: AMENDMENT NO. 1 TO THE OCVIBE MASTER SITE PLAN DEVELOPMENT APPLICATION NO. 2023-00050
ATTACHMENT (Y/N): YES ITEM # 30
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council take the following actions:
1. By Resolution, approve and adopt Addendum No. 13 to the previously- certified Final Subsequent Environmental Impact Report No. 339 and confirm that MMP No. 383 remains valid for the OCVIBE mixed-use project (DEV2020-00125) inclusive of Amendment No. 1 to the OCVIBE Master Site Plan;
2. By
Resolution, approve an amendment to the General Plan Land Use and Green Elements and the City’s Bicycle Master Plan;
3. By Resolution, approve an amendment to the Platinum Triangle Master Land Use Plan;
4. By Ordinance, approve and adopt Zoning Code Amendments to Title 18 (Zoning), Chapters 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) and Chapter 18.38 (Supplemental Use Regulations) of the Anaheim Municipal Code;
5. By
Ordinance, approve and adopt Amended and Restated Development Agreement No. 2020-00004, including an amendment to Master Site Plan (MIS2020-00751) and a request for Density Bonus and Development Incentives between Anaheim Real Estate Partners, LLC and the City of Anaheim and making certain findings thereto;
6. By
Resolution, approve an amendment to Conditional Use Permit to allow banquet facilities; and
7. By Resolution, approve an amendment to Minor Conditional Use Permit to revise the OCVIBE Coordinated Sign Program and Mural Plan.
DISCUSSION
In 2004, the City Council approved a comprehensive citywide General Plan and Zoning Code Update which established a new vision for the Platinum Triangle, an Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
approximately 820-acre area surrounding Angel Stadium of Anaheim, the Honda Center, and ARTIC, as a dynamic mixed-use urban district. This action created new land use designations within the Platinum Triangle that provide opportunities for existing, largely industrial, uses to transition to mixed-use, residential, office and commercial uses. The City Council approved the Platinum Triangle Master Land Use Plan (PTMLUP) to carry out the goals and policies of the General Plan for the Platinum Triangle. The PTMLUP serves as a blueprint for future development and street improvements. The City Council also adopted the PTMU Overlay Zone and a standardized Platinum Triangle Development Agreement form to implement the PTMLUP’s vision for the Platinum Triangle.
Development within the PTMU Overlay Zone was originally limited to 9,175 residential units, 3,265,000 sf. of office development and 2,044,300 sf. of commercial development within five districts. In addition, 1,765,000 sf. of office development was permitted within the Platinum Triangle, outside of the PTMU Overlay Zone, on properties designated for office land use by the General Plan. Over the years, there have been a number of amendments to the General Plan, PTMLUP and PTMU Overlay Zone. These increases reflect both market demand and infrastructure capacity. There are now nine districts within the PTMU Overlay Zone, including an Office District that includes all properties within the Platinum Triangle designated for office land uses by the General Plan.
In September 2022, the City Council approved the OCVIBE Project, a world-class mixed-use lifestyle, entertainment, and residential neighborhood anchored by the existing Honda Center arena and ARTIC transit hub, which included a new approximately 5,700 seat live performance theater, 1,500 residential apartment units, including 195 affordable units, two hotels with a total of 550 rooms, an approximately 4-acre public park (Meadow Park), private park (Wellness Park) and open space, office buildings, restaurants and entertainment venues, and an approximately 6,000 seat outdoor amphitheater. The project approval included zoning actions which modified the development intensity for 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 sf., decrease the amount of office development to 11,659,338 sf. and decrease the amount of institutional development to 250,000 sf. Additionally, a portion of Douglass Road between Katella Avenue and Cerritos Avenue was removed; a new street named River Road between Katella Avenue and Cerritos Avenue was added, and the former Phoenix Club Drive was renamed to River Road.
The approved Master Site Plan (MIS2020-00751) included the area around and including the Honda Center, ARTIC, and the Arena Corporate Center (ACC). The Master Site Plan contains the Transit District located south of Katella Avenue, with the exception of the southwest corner of Katella Avenue and Douglass Road (Ayers Hotel) and the Arena District, north of Katella in the Platinum Triangle Master Land Use Plan and vacant property located on the Southern California Edison easement. The previously approved project modified the existing Platinum Triangle district boundaries of Arena, ARTIC, and Katella Districts and reduced, converted, and transferred unused development intensities within these districts to result in an overall increase in the maximum amount of residential dwelling units and commercial development but overall reduction in the maximum amount of office and institutional development in the Platinum Triangle.
Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
Regulatory Framework: The PTMU Overlay Zone is implemented through Master Site Plans and Final Site Plans. For projects such as this one with a Master Site Plan, Final Site Plans for subsequent development are subject to review and approval by the Planning Commission at a noticed hearing and conditions of approval may be imposed by the Planning Commission to ensure conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan prior to issuance of building permits. The Master Site Plan was approved with the approval of Development Agreement No. 2020-00004, and will be amended with the Proposed Project. This request for amendment of the Master Site Plan will result in future Final Site Plans and Tract Maps for Planning Commission consideration prior to application for construction permits to further demonstrate compliance with the Anaheim Municipal Code (Code) and the Platinum Triangle Master Land Use Plan.
In September 2022, five Final Site Plans were approved for Phase 1 of the project. To date, construction is underway for Parking Decks B and C, Market Hall/Creative Office Building, Restaurant Row and Security Hub. Permits have been issued for street network improvements and construction has started on Katella Avenue, Stanley Cup Way, Douglass Road as well as the southerly portion of River Road, south of Stanley Cup Way.
The applicant requests approval of Amendment No. 1 to the OCVIBE Master Site Plan (Proposed Project) to permit changes to the previously-approved OCVIBE mixed-use project to demolish the ACC office buildings and construct up to 750 additional residential units for a project total of 1,960 to 2,250 units, including affordable units with a density bonus, and up to 325,000 sf. of office uses; incorporate a process to remove the approved pedestrian bridge from Parking Deck C across Douglass Road; remove the approved Meadow Park Amphitheater; and dedicate additional park space in the area of the former proposed amphitheater.
OCVIBE Project Area: The OCVIBE Project Area continues to include approximately 100 acres with no changes by the Proposed Project to the project boundaries. The Project Area is designated by the General Plan for Mixed-Use Urban Core land uses and consists of various zoning designations including “PR” Public Recreation, “SP” Semi-Public, “O-L” Low Intensity Office, and “I” Industrial zones in the Platinum Triangle Mixed Use (PTMU) Overlay Zone.
Planning Commission: On September 23, 2024, the Planning Commission recommended City Council take the following actions on a unanimous vote (Chairperson Walker and Commissioners Castro, Kelly, Lieberman, Perez, Tran-Martin, and Kring voted yes):
1. Approve and adopt Addendum No. 13 to the previously certified Final Subsequent Environmental Impact Report No. 339 and confirm that Mitigation Monitoring Plan No. 383 remains valid for the OCVIBE Mixed Use Project (DEV2020-00125) inclusive of Amendment No. 1 to the OCVIBE Master Site Plan (Resolution No. PC 2024-028);
2. Approve an amendment to the General Plan Land Use and Green Elements and the City’s Bicycle Master Plan (Resolution No. PC 2024-029);
3. Approve an amendment to the Platinum Triangle Master Land Use Plan;
4. Introduce and adopt an ordinance approving Zoning Code Amendments to Title 18 (Zoning), Chapters 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) and Chapter 18.38 (Supplemental Use Regulations) of the Anaheim Municipal Code; Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
5. Approve Amended and Restated Development Agreement No. 2004-00004 including an amendment to Master Site Plan (MIS2020-00751) and a request for Density Bonus and Development Incentives between Anaheim Real Estate Partners, LLC and the City of Anaheim (Resolution No. PC 2024-030).
6. Approve an amendment to Conditional Use Permit to allow banquet facilities;
7. Approve an amendment to Minor Conditional Use Permit to revise the OCVIBE Coordinated Sign Program and Mural Plan.
A copy of the Planning Commission staff report is attached to this report (Attachment 9). The Draft Planning Commission minutes are provided as Attachment 10.
Proposal:
The applicant proposes Amendment No. 1 to the OCVIBE Master Site Plan to demolish the ACC office buildings and construct up to 750 additional residential units for a project total of 1,960 to 2,250 units, including affordable units, and up to 325,000 sf. of office uses; potentially remove the approved pedestrian bridge from Parking Deck C across Douglass Road; remove the approved Meadow Amphitheater; and dedicate additional park space in the area of the formerly approved amphitheater. The areas affected by the Proposed Project are outlined in red on the previously-approved plan below. The proposed changes are described in further detail in the sections below and are reflected in the Amended Master Site Plan (Attachment 15d).
Previously Approved Plan with Areas of Modification
Arena Corporate Center (ACC): While the previously approved project maintained the existing office buildings and new development was planned to occur on the surrounding existing surface parking lots, the Proposed Project would instead demolish all three existing office buildings within the ACC. These buildings total 202,631 square feet and would be demolished in either three stages, or potentially all at the same time, depending on the level of occupancy and other factors. The applicant has indicated that these office buildings would be beyond their useful life before the buildout of the OCVIBE Project and their removal would allow for improved
Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
pedestrian circulation, integration between private and public spaces, and full activation of Neighborhood Park (the private park, formerly called Wellness Park). The signature office building previously proposed to the west of the ACC buildings along Douglass Road would also be removed.
Residential and Office Uses: As part of the Amended Master Site Plan, the applicant has proposed three potential options, each with a different quantity of residential and office uses. The previous residential plan was conceptual and did not specify dwelling unit counts by building.
With the demolition of the ACC offices, the overall area of the residential buildings has increased from approximately 391,000 sf. to up to 670,000 sf. for Option 2. The location and footprints of Residential Buildings 1 and 2 are similar to the original proposal. The original Buildings 3 through 6 are modified in size and location. Each option includes variation in the proposed number of dwelling units ranging from 1,960 to 2,250 units, zero to 325,000 sf. of office area, and 15,000 sf. of commercial retail in all three options. Elevations and signage had not been developed for the previous approval and now, conceptual plans are provided within the Amended Master Site Plan and identify the building pad areas, signage, elevations and infrastructure plans.
Option Dwelling Units Office Square Footage Retail Square Footage 1 – High-Rise Mixed-Use 2,250 100,000 15,000
2 – Residential Podium 2,175 0 15,000
3 – Office Tower 1,960 325,000 15,000
Option 1 Option 2 Option 3
Development Options
Circulation: The Proposed Project involves access changes to the roadway network within the Arena District to provide pedestrian, vehicular and emergency vehicle access to and around the proposed residential mixed-use buildings. Access is proposed through private drives with sidewalks adjacent to the curb.
Pedestrian access within the project area would mainly be provided by sidewalks, pedestrian- only paseos, pedestrian crossings, and elevated pedestrian bridges. The previously-approved plan included three elevated pedestrian bridges to cross Katella Avenue and Douglass Road. The bridge north of Katella Avenue over Douglass Road was intended to provide access between the Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
existing ACC and Parking Deck C. The applicant requests a process for the potential removal of this approved bridge since the office uses proposed as a part of either Option 1 or Option 3 would be located further south on the former ACC campus where pedestrians may cross at the Stanley Cup Way and Douglass Road intersection. Since the decision on the office component occurs at the last phase of the project, staff has recommended a condition of approval to evaluate the need for a bridge prior to Final Site Plan approval to ensure safe pedestrian access.
Parking Facilities: The applicant proposes over 12,000 parking spaces throughout the Master Site Plan, located in four public parking structures, a surface lot for employees, and within dedicated parking garages for the two proposed hotels and residential uses as shown below. Future Final Site Plans will include updated parking quantities consistent with the option selected at that time and will be presented to the Planning Commission for review and approval at a future date.
Shared Parking Analysis: Since many of the OCVIBE customers will likely visit one or more of the venues each trip, the applicant submitted a Shared Parking Analysis to determine the appropriate number of spaces for these shared uses. The previously approved Shared Parking Analysis was updated to reflect the reduction in office square footage the addition of a banquet facility, and modifications to the restaurant square footages within Market Hall that were previously-approved by the Planning and Building Director through an administrative Substantial Conformance Determination. The Shared Parking Analysis is included as an attachment to the proposed CEQA Addendum No. 13 (Attachment 11a).
Parking Plan
On-Site Parks: Previously-approved plans included four acres of land to be dedicated to the City for use as a public park (Meadow Park), with an adjacent privately-owned amphitheater in the Transit District where the current ARTIC parking lot exists. As part of the Amendment No. 1 to the Master Site Plan, the applicant proposes to remove the approved amphitheater and dedicate the area to the City for additional park space resulting in a 4.85-acre park. The applicant would construct and provide maintenance for the park. Other open space amenities throughout the project would be privately-owned with public access. These include the Urban Park and Paseo,
Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
the North and South Plazas, The Gardens, and the 4.7-acre Neighborhood Park surrounded by the proposed residential uses in the Arena District.
Park Areas
Development Phasing: Demolition and construction of the OCVIBE Project was previously- approved to take place in five phases over approximately 10 years between 2022 and 2032. The applicant requests modification to the construction phasing plan reflecting the components of the project that have changed phases including adding a new Phase 5A as outlined below.
Construction Approved Phase Proposed Phase
Street network improvements, Parking Decks B, C, and D, western face of Honda Center, Market Hall/Creative Office Building, Security Hub, Restaurant Row, Concert Hall, and employee surface parking lot north of Cerritos Avenue
1 1
South Plaza, Arena Hotel and Gardens, Residential
Buildings 1 and 2, and employee parking lot on the
OCFCD property east of River Road
2 2
Neighborhood Park (formerly Wellness Park) 4 2
Residential Building 3 3 3
Meadow Park, pedestrian bridge over Katella Avenue,
Douglass Road modifications, signal and pedestrian
crossing modifications to the Douglass/Katella intersection 2 3
North Plaza, the Meadow Hotel, and Parking Deck A 4 4
Residential Building 5 3 4
Institutional Office uses south of ARTIC 5 5
Construction Approved Phase Proposed Phase
Residential Building 4 3 5
Residential Building 6 4 5A
The Proposed Phasing accelerates the construction of Neighborhood Park to occur with Residential Buildings 1 and 2. Moves back by one phase Meadow Park and related infrastructure work on Katella and Douglass Road and extends timing for the last three residential buildings.
Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
The Proposed Project requires various land use entitlements as described below.
General Plan Amendment: The applicant requests an amendment to the General Plan Land Use and Green Elements, an update to the City’s Bicycle Master Plan, and to revise maps, figures, text, and tables throughout the General Plan to conform to the proposed changes. A Land Use Element amendment is proposed to change the total amount of development permitted in the Platinum Triangle to increase the amount of residential development to 18,476 dwelling units, and decrease the amount of office development to a range of 7,182,427 sf. to 7,407,427 sf. depending on the option proposed. The Green Element and the Bicycle Master Plan are also proposed to be amended to reflect the Meadow Park size increase and to address a clean up to reflect the previously approved project. All of these amendments would result in associated revisions to appropriate maps, figures, text, and tables throughout the General Plan and Bicycle Master Plan to reflect the described changes as detailed in Attachment 15a (General Plan Amendment Justification Matrix).
Platinum Triangle Master Land Use Plan (PTMLUP) Amendment: The applicant requests an amendment to the PTMLUP to update the amount of development within the PTMU Overlay Zone to permit up to 18,476 residential dwelling units, and a range of 7,182,247 to 7,407,427 sf. of office development. The request includes modification to the existing Platinum Triangle district boundaries of the Arena District within Sub Areas D1 and D2, such that the boundary of Sub Area D1 correlates with the renamed Neighborhood Park (formerly Wellness Park) and D2 correlates with the residential/mixed-use area, as depicted below. The 4.7-acre Neighborhood Park is comprised of two sections and has been repositioned to be more central to the neighborhood with a portion along River Road surrounding the south and east sides of Building
3. The park would be privately-owned, but open to the public through a public use easement.
Approved District Map Proposed Amended District Map
In addition to the boundary changes, the development intensity table for the Arena District would be modified to reflect the amended project, as described in the Development Application for each of the three options detailed in Attachment 15. The 18,476 dwelling unit development intensity including 1,920 DU in the Arena District, reflects the base density of 100 DU/acre on
19.20-acres of Arena District Sub-Area D2 that would be identified for residential uses. A
Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
density bonus is requested as described later in this report to allow up to 2,304 units, which exceeds the number of units requested in all three options.
The OCVIBE Sign and Identity Program outlines the design and location of signs within the public right-of-way to ensure a consistent design with those within the Master Site Plan. The plan has been updated to remove some signs that are no longer necessary, and adjustments to the sign sizes for proper visibility.
Appendices A (Chapter 18.20 Platinum Triangle Mixed Use Overlay Zone), G (PTMU Overlay Zone District Sub-Area Development Intensity Maps) and H (OCVIBE Sign and Identity Program) are proposed to be updated to reflect the amendment to the Master Site Plan. Figures, text, and tables throughout the PTMLUP associated with this request would also be amended, as detailed in Attachment 15b (PTMLUP Amendment Justification Matrix).
Anaheim Municipal Code Amendments: The applicant requested amendments to the Anaheim Municipal Code as follows:
1. Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) – An amendment to the PTMU Overlay Zone is proposed to update development and operational standards in the Arena and Transit Districts for the proposed project relating to density, balcony railings, residential storage area, recreational-leisure areas, permitted encroachments, interim parking lot landscaping and roof mounted solar energy panels.
2. Chapter 18.38 (Supplemental Use Regulations) – Modifications to the Special Events Permits provisions are proposed to allow promotional and social activities within Neighborhood Park to take place without a Special Events Permit, unless the events are proposed to extend past typical public park operating hours.
Specific language for the amendments is included in Attachment 4 (Ordinance for Zoning Code Amendments).
Development Agreement: The applicant requests an amendment to Development Agreement No. 2020-00004 recorded July 27, 2023 as Instrument No. 2023000180674 in the Official Records of Orange County, California between the City of Anaheim and Anaheim Real Estate Partners, LLC. A development agreement is a contract for development which provides a property owner or developer a vested right to proceed with an approved development, securing the entitlement along with established regulations and fees, in exchange for the City obtaining benefits beyond what would otherwise be required by existing regulations and ordinances. State law allows cities and project applicants to enter into a development agreement for their mutual benefit. The Amended and Restated Development Agreement No. 2020-00004 (the “Amended and Restated Development Agreement”) for the Proposed Project includes a Master Site Plan as described above and a request for Density Bonus and Development Incentives pursuant to Chapter 18.52 (Housing Incentives) of the Anaheim Municipal Code as described below.
Consistent with the Development Agreement No. 2020-00004, the Amended and Restated Development Agreement specifies that the developer and the City agree that development and operation of the Proposed Project is interrelated with the operations and maintenance of the Honda Center and ARTIC. Further, the Amended and Restated Development Agreement maintains the obligations on the developer to submit tentative maps and/or vesting tentative Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
maps, if required, and detailed construction plans and other documentation required by the City for issuance of building permits. The City will exercise its discretion or take action in a manner which complies, and is consistent with, the Master and Final Site Plans, other regulations and standards, and terms and conditions contained in the Amended and Restated Development Agreement. The term of the Amended and Restated Development Agreement remains twenty (20) years from July 27, 2023 subject to annual periodic review and modification or termination as provided for in the development agreement, City procedures, and the State law.
The primary changes to Development Agreement No. 2020-00004 and the Proposed Project that would be implemented through approval of the Amended and Restated Development Agreement include:
1. Demolition of the Arena Corporate Center buildings.
2. Increase in the maximum number of affordable and market rate units that may be built as part of the Proposed Project from 1,500 to up to 2,250. The 2022 Development Agreement required construction of 195-225 affordable units whereas the Amended and Restated Development Agreement requires construction of between 300-340 affordable units assuming the total number of residential units is 2,250. The number of required very low- and low-income units is increased from the 2022 Development Agreement.
3. Elimination of the private amphitheater proposed in Meadow Park and dedication of the additional land to the City to increase the size of Meadow Park by 0.85 acres. Granting the City and community groups authorized by the City the opportunity to host a certain number of City/community group events per year at Developer’s private event facilities within the Project to account for the loss of the City’s planned use of the amphitheater space.
4. Change the name of Wellness Park to Neighborhood Park and reconfigure and modify the construction phasing for Neighborhood Park.
5. Increase the amount payable by Developer towards the off-site park contribution by $1.75 million dollars bringing the total amount payable to $6.75 million dollars.
6. Potential elimination of the requirement to construct a pedestrian bridge crossing Douglass Road from Parking Deck C if there is either: (i) no office use east of Douglass Road or, (ii) if Owner provides a traffic engineering justification to the City and the City approves of said justification as set forth in the Conditions of Approval.
7. Annexation of the land on which the Arena Corporate Center buildings currently exist into CFD 08-1 thereby increasing funding available for CFD 08-1 Improvements. City will process and approve amendments to CFD 08-1 including amendments to PTIP and the Backbone Infrastructure Cost Summary to revise and amend the projects identified thereon that will be funded with CFD 08-1 funds. The Amended and Restated Development agreement also provides for an allocation of specified CFD 08-1 funds generated by the Proposed Project towards public improvements identified in Exhibit H and for other CFD 08-1 improvements outside of the Proposed Project area.
8. Developer shall consent to and support an amendment to CFD 08-1 to provide additional funding from the revenue raised as result of the additional annexed area equal to one million dollars ($1,000,000) for a New Fire Station.
The public benefits associated with the Amended and Restated Development Agreement are estimated to total over $300,000,000, including the following:
Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
1. Parks improvements ($30M);
2. Affordable housing ($55M), The production of both affordable and market rate housing, will also assist the City in its efforts to comply with its Regional Housing Needs Assessment allocation;
3. Public infrastructure improvements ($80M);
4. Owner’s agreement to perform on-going Private Maintenance obligations of public facilities including Meadow Park and ARTIC ($30M);
5. A six million seven hundred fifty thousand dollar ($6,750,000) Off-site Park Contribution Fee, with the proceeds of this Fee to be used in the City’s sole discretion to pay for park improvements;
6. Owner’s payment of approximately $100 million in Development Impact Fees; and
7. The generation of millions of dollars in economic impact due to the development, construction, and operation of the Project.
Under the Amended and Restated Development Agreement, the developer remains obligated to provide improvements related to the Honda Center including:
1. Reinvestment into the Honda Center through an extension of “front door” improvements, (i.e., Honda Center customer plazas at the North, South, East and West entries, a paseo and Urban Park, including a Media Wall);
2. Improvements to the Honda Center itself;
3. Construction of parking structure decks B, C and D; and
4. Privately built and maintained supporting roadway connections to these parking structures at Douglass Road, Stanley Cup Way and Cerritos Avenue.
The developer also remains obligated to provide improvements related to ARTIC including:
1. Through payment of park impact fees, and above and beyond City requirements, the funding of construction and maintenance of Meadow Park;
2. Surface parking for ARTIC relocated, privately built and maintained;
3. Publicly accessible parking garage and pedestrian bridge on the site of the Douglass Commerce Center;
4. A relocated ARTIC passenger drop-off and bus/shuttle turn around access required for the development of Meadow Park; and
5. Dedicated public pedestrian enhanced walkway/bridge leading from ARTIC to the Honda Center, crossing over Katella Avenue with a pedestrian bridge.
Affordable Housing: The applicant proposes to provide affordable housing as part of the Proposed Project, utilizing Housing Incentives as provided for in State law and Chapter 18.52 (Housing Incentives) of the Zoning Code, including a project density bonus. Based on the property’s General Plan land use designation of Mixed-Use Urban Core, which authorizes up to 100 dwelling units/acre, the 19.2-acre residential site’s maximum base density would be 1,920 units. The applicant proposes to provide 5.2% of the number of base units to be affordable to Very Low-income households, authorizing the applicant to increase the project density by a maximum of 20%, which would allow up to 2,304 units. The applicant and City will execute a Housing Incentives Memorandum with Housing & Community Development (Attachment 8) that specifies a total of 300 affordable housing units to be developed as part of the Proposed Project, inclusive of 100 Very Low-income units (5.2% of base units), 100 Low income units Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
(5.2% of base units), and 100 Moderate income units (5.2% of base units). The applicant proposes 35 Moderate income units to be constructed in Phase 2; 100 Very Low-income units, 100 Low-income units and 15 Moderate income units to be constructed in Phase 3; 25 Moderate income units to be constructed in Phase 4; and 25 Moderate income units to be constructed in Phase 5. The three potential development options range between 1,960 units to 2,250 units. In the event that fewer than 2,250 units are constructed, the applicant proposes to provide 13.3% of the total units as affordable inclusive of 100 Very Low-income units and 100 Low income units with the balance of the units as Moderate income units.
The memorandum also provides for an option to build a portion of the affordable housing off- site, within one-quarter of a mile of the project boundary and within or adjacent to the Platinum Triangle. In the event that an off-site location is provided, and the off-site location requires city approval of a General Plan Amendment, PTMLUP Amendment, or Reclassification to a residential zone or is processed pursuant to AB 2011, the applicant will be obligated to increase the number of affordable housing units to be constructed from 300 units to 340 units, consisting of 100 Very Low Income units, 120 Low Income units and 120 Moderate Income units, which equals 15.1% of 2,250 total residential units. Off-site affordable units would also need to be completed in Phase 3 with the Moderate-Income units to be provided on-site.
One waiver for site coverage is requested as provided for in State law. The waiver is for the maximum permitted site (lot) coverage to allow between 77 percent, for Options 1 and 3 and 80 percent for Option 2 site coverage when 75 percent is permitted by Code. The applicant has indicated that per Government Code Section 65915(e), compliance with the site coverage standard would physically preclude the ability to construct the Proposed Project at the eligible density. The density bonus provisions allow reduced parking ratios of no more than 1.5 parking spaces for up to three-bedroom units. Although specific unit types have not been specified, the applicant has indicated that the unit type would not exceed two bedrooms and is proposing residential parking at a ratio of 1.5 spaces per dwelling unit in compliance with Code.
Conditional Use Permit for Specified Uses: The Proposed Project includes a request to modify the previously approved Conditional Use Permit to allow a banquet facility within Restaurant Row. The current conditionally approved uses include Alcoholic Beverage Manufacturing, Alcoholic Beverage Sales-Off-Sale and On-Sale, Bars and Nightclubs, Entertainment Venues, Recreation Commercial-Outdoor and -Indoor, Retail Sales-Outdoor, and Wine Bars. Conditions of approval have been incorporated to ensure final details are submitted for Police and Planning and Building Department review, along with operational standards typically required for these uses.
Minor Conditional Use Permit: A Minor Conditional Use Permit (MCUP) was previously approved for the OCVIBE Coordinated Sign Program, murals, and valet parking as part of project parking operations. The Proposed Project includes modifications to the OCVIBE Coordinated Sign Program and Mural Plan to reflect the modified project and the maturation of development plans. Planning and Building Director is the approval authority for a MCUP, however, since this amendment request is related to other zoning actions before the Planning Commission and City Council, the Director has referred the MCUP for concurrent action.
Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
Coordinated Sign Program: The OCVIBE Coordinated Sign Program regulates only the advertising signs not visible from the public right-of-way. Amendments to the OCVIBE Coordinated Sign Program include adjustments to identity signs for the residential uses and market hall building, increase in advertising signs at Parking Deck D not visible to the public right-of-way and on-site digital signs at Market Hall, and wayfinding sign adjustments throughout the project site to reflect the revised residential uses and refinements to directional needs.
Murals: The previously-approved Master Site Plan outlines the location and size of 18 proposed murals. The applicant proposes modifications to the location of the murals to adjust for the final design of the parking structures and to reflect the new residential buildings within the Arena District. The murals continue to be proposed on parking structures and residential buildings to enhance the architecture of the buildings, utility boxes and loading zones areas. A total of 18 wall-type murals are proposed with an overall reduction of 15,800 square feet in area within the commercial areas and 20 new murals with 26,500 square feet of area within the residential and concert hall loading areas are proposed. Consistent with the original approval, the final plans for these murals will be reviewed by the Planning and Building Director for substantial conformance with Amendment No. 1 to the OCVIBE Master Site Plan Exhibits.
Deviation From Engineering Standards: The previously-approved project included approval from the City Engineer for several streets and driveways to deviate from City Engineering Standards.
The Proposed Project includes one request to deviate from City Engineering Standards for a proposed loading area on Douglass Road, north of Stanley Cup Way. The City Engineer reviewed and approved this deviation request, as documented in the approval letter, included as Attachment 15f.
Findings and Analysis:
General Plan Amendment: Before the City Council may approve a General Plan Amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist:
1. The proposed amendment maintains the internal consistency of the General Plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
3. The proposed amendment would maintain the balance of land uses within the City.
The proposed changes to the General Plan do not create inconsistencies with applicable goals and policies. Applicable goals and policies, identified in the General Plan Amendment Justification Matrix (Attachment 15a) are intended to create a dynamic mixed-use center of regional interest, providing retail, office, residential, employment, and entertainment opportunities for the benefit of Anaheim residents, visitors and employees. The proposed amendments would result in development that would be compatible with the existing residential and commercial development in the vicinity of the project and would maintain the balance of land uses within the City by providing quality housing opportunities complementary to the surrounding land uses.
Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
Platinum Triangle Master Land Use Plan: The Anaheim Municipal Code does not require specific findings for approval of an amendment to a Master Land Use Plan; however, because a Master Land Use Plan is somewhat similar to a Specific Plan, staff believes the following findings typically associated with the approval of a Specific Plan Amendment should be considered. For the purposes of clarity, the term “Specific Plan” has been replaced with “Master Land Use Plan”:
1. That the Master Land Use Plan is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein;
2. That the Master Land Use Plan results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood;
3. That the Master Land Use Plan contributes to a balance of land uses throughout the City; and
4. That the Master Land Use Plan respects environmental, aesthetic and historic resources consistent with economic realities.
The amendment to the Master Land Use Plan was designed to be consistent with the General Plan by continuing to promote mixed-use development that balances commercial, office, residential, and recreation uses in a neighborhood that is compatible with the surrounding developments through local and private streets and pedestrian-friendly linkages, as described in the Platinum Triangle Master Land Use Plan Amendment Justification Matrix (Attachment 15b).
The amended Sub-Areas within the Arena District, updated development intensity tables and corresponding updates to the OCVIBE Sign Identity Program would allow the continuation of a project that meets and furthers those goals. The proposed amendments would result in a community of desirable character that would be compatible with the Platinum Triangle and would maintain the balance of land uses within the City by providing quality housing opportunities complementary to the surrounding land uses. The Master Land Use Plan would continue to respect environmental, aesthetic and historic resources, since the potential environmental impacts associated with the Proposed Project were analyzed in the environment documents prepared for the Proposed Project.
Zoning Code Amendment: The requested Zoning Code amendments would modify chapters
18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone and 18.38 (Supplemental Use Regulations), to implement the Proposed Project.
The Zoning Code may be amended upon a finding that the action is necessary to implement the General Plan and will enhance and preserve the general welfare. The proposed Zoning Code changes are consistent with the proposed amendments to the General Plan and the PTMLUP and would help implement these amendments to the previously-approved plan to create a well- designed project that allows a mix of land uses to create a vibrant mixed-use lifestyle, entertainment, and residential neighborhood.
Development Agreement: In 1982, the City Council approved a resolution establishing procedures and requirements for the consideration of development agreements. The resolution identifies four items necessary for the City Council consideration. These items are:
1. The proposed Development Agreement is consistent with the General Plan; Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
2. The proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district(s) in which the project is and will be located;
3. The proposed Development Agreement is compatible with the orderly development of property in the surrounding area; and
4. The proposed Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim.
The Amended and Restated Development Agreement is consistent with the General Plan and with the goals, policies, programs and objectives specified in the General Plan. The Proposed Project is a mixed-use development with residential, commercial (including hotels), office, and entertainment uses. The General Plan designates the project area for Mixed-Use Urban Core land uses which provides for a mix of residential, commercial, services, hotel and professional offices uses in a high-quality environment. The Proposed Project also supports the following General Plan goals:
Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs.
Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. Goal 3.2: Maximize development opportunities along transportation routes. Goal 5.1: Create and enhance dynamic, identifiable places for the benefit of Anaheim residents, employees and visitors.
Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. Goal 7.1: Address the jobs-housing relationship by developing housing near job centers and transportation facilities.
The Amended and Restated Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the zoning district(s) applicable to the Property, and it is compatible with the orderly development of property in the surrounding area. The Proposed Project consists of amendments to a mixed-use development in the PTMU Overlay Zone proposed at a density that is consistent with the maximum density allowed for the Project Site, and it is compatible with the surrounding commercial, light industrial, and residential land uses in the vicinity. The Amended and Restated Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim in that it provides for extensive public benefits as described previously in this report. Further, the Amended and Restated Development Agreement constitutes a lawful, present exercise of the City’s police power and authority, 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.
Master Site Plan: The Planning and Building Director is typically the approval authority for a Master Site Plan. Before the Director may approve a Master Site Plan, he or she must make a finding as to its conformance with the provisions of the PTMU Overlay Zone and PTMLUP. In that Amendment No. 1 to the OCVIBE Master Site Plan has been proposed in conjunction with amendments to the General Plan, PTMLUP, PTMU Overlay Zone, and Development Agreement, the Planning and Building Director has elected to refer this decision to the Planning Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
Commission and ultimately to the City Council. If the proposed amendments to the General Plan, PTMLUP and PTMU Overlay Zone, and Development Agreement are approved, Amendment No. 1 to the OCVIBE Master Site Plan would be in conformance with these documents.
Conditional Use Permit: Before the City Council may approve an amendment to a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist:
1. That the proposed use is properly one for which a conditional use permit is authorized by this code;
2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located;
3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety;
4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and
5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
The proposed modification to the CUP would allow a banquet facility use in addition to the variety of alcohol and entertainment related land uses permitted in the OCVIBE Project. These uses would be subject to conditions of approval to ensure safe operation and compatibility with surrounding uses. The request to permit a banquet facility is authorized by CUP in the Platinum Triangle Mixed Use (PTMU) Overlay Zone.
The proposed banquet use would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located as the project has been designed and conditioned in a manner to ensure compatibility with the proposed mixed-use project and would be compatible and appropriate within an urban environment. The size and shape of the site proposed for the use is adequate to allow the full development of a banquet facility in a manner not detrimental to the area. The significant site size is adequate to allow for the full development of the project uses within a mixed-use development consistent with the General Plan and PTMLUP. Based on the Traffic Impact Analysis prepared for the Proposed Project, the traffic generated by the banquet use is consistent with the traffic analyzed in FSEIR No. 339 and will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. The project meets all applicable development standards as proposed, is compatible with surrounding uses, and the proposed conditions of approval address hours of operation, safety and security, and compatibility with the surrounding uses.
Minor Conditional Use Permit: The Planning and Building Director is typically the approval authority for approval or modification to a minor conditional use permit. Since the Minor CUP is requested along with concurrent zoning actions requiring City Council action, pursuant to AMC Section 18.60.080.020 the Planning and Building Director has elected to refer this decision to the Planning Commission and City Council. The applicant requests modification to the previously- approved minor conditional use permit to modify and update the Coordinated Sign Program and Mural Plan within the PTMU Overlay Zone. Before the Planning Commission may approve an Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
amendment to a minor conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist:
1. That the proposed use is properly one for which a minor conditional use permit is authorized by this code;
2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located;
3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety;
4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and
5. That the granting of the minor conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim.
In addition, before the City Council may approve a Minor CUP application for a coordinated sign program, it must make two additional findings:
1. Signs shall complement the architecture of the buildings on the same property and provide a unifying element along the streetscape; and
2. The size, scale and style of signs shall be internally consistent and consistent with the scale of the buildings located on the same property and the surrounding land uses.
The OCVIBE Coordinated Sign Program outlines a comprehensive collection of identity, advertising, and wayfinding signs within the project. Staff believes that the proposed OCVIBE Coordinated Sign Program enhances the streetscapes of the public streets, private streets, pedestrian plazas and open spaces through a consistent, and high-quality collection of signs that complement the architectural variety of buildings throughout the project. The signs are designed in size, scale and style to complement each other and the scale of the surrounding buildings. The Mural Plan provides architectural enhancements to buildings and provides screening for utility equipment. These plans are designed for uses that have been contemplated in the General Plan and PTMLUP; therefore, the proposed uses and structures would be compatible and appropriate within an urban environment in a manner that is adequate to allow the full development of the signs without being detrimental to the particular area nor to the health, safety and general welfare of the public.
Environmental Analysis: An Addendum to the previously-certified Revised Platinum Triangle Expansion Project Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339) has been prepared pursuant to provision of State CEQA Guidelines Section 15164 in order to determine whether any significant environmental impacts which were not identified in the previously-approved CEQA Documents for development in the Platinum Triangle area would result or whether previously-identified significant impacts would be substantially more severe.
As more thoroughly described in Addendum No. 13, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred. Addendum No. 13 concludes that the Proposed Project would not result in significant new or more severe impacts and/or the Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
requirement for additional mitigation measures. Staff recommends that the City Council determine that as a result, the Proposed Project does not require the preparation of a subsequent EIR or supplemental EIR and Mitigation Monitoring Plan No. 383 continues to remain valid to mitigate the impacts of the OCVIBE mixed-use project, inclusive of the Proposed Project.
CONCLUSION:
The OCVIBE Project is a project that helps fulfill the vision of the Platinum Triangle and construction of the first phase is well underway. The Planning Commission found the Proposed Project complies with and implements the goals and policies of the General Plan. The proposed amendments to the General Plan, Platinum Triangle Master Land Use Plan, and the Platinum Triangle Mixed Use Overlay Zone are implementation actions of the Proposed Project, which would further the goals and objectives of the General Plan. Staff believes that the proposed amendments to the OCVIBE Project would continue to be an asset to the Platinum Triangle and the City of Anaheim and recommends approval of the Proposed Project.
IMPACT ON BUDGET:
There is no budgetary impact. The costs associated with this hearing will be incurred by the project applicant.
Respectfully submitted,
Heather Allen
Acting Planning and Building Director
Attachments:
1. Resolution for Amendment No. 13 to FSEIR No. 339
2. Resolution for General Plan Amendment
3. Resolution for PTMLUP Amendments
4. Ordinance for Zoning Code Amendments
5. Ordinance for Amended and Restated Development Agreement
6. Resolution for Conditional Use Permit for Specified Uses
7. Resolution for Minor Conditional Use Permit for OCVIBE Coordinated Sign Program and Mural Plan
8. Housing Incentives Memorandum with Housing & Community Development
9. Planning Commission Staff Report dated September 23, 2024 (without attachments)
10. Draft September 23, 2024 Planning Commission Minutes
11. Addendum No. 13
a. Addendum No. 13 Appendices
b. MMP No. 383
12. Ordinance for Zoning Code Amendments (Redline)
13. Draft Amended and Restated Development Agreement No. 2020-00004 (Clean)
14. Draft Amended and Restated Development Agreement No. 2020-00004 (Redline)
15. Development Application
Amendment No. 1 to the OCVIBE Master Site Plan Development Application No. 2023-00050 October 29, 2024
a. General Plan Amendment Justification Matrix
b. PTMLUP Amendment Justification Matrix
c. Zoning Code Amendment Justification Matrix
d. Amended Master Site Plan
e. Amended Sign Exhibits (OCVIBE Coordinated Sign Program, PTMLUP OCVIBE Sign and Identity Program, Mural Plan)
f. Public Works Deviation from Engineering Standards Approval