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RES-2012-123 RESOLUTION NO. 2012 -123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING GENERAL PLAN AMENDMENT NO. 2012 -00485 AND MAKING FINDINGS IN CONNECTION THEREWITH. (DEV2012- 00014) WHEREAS, the City Council of the City of Anaheim (the "City Council ") adopted the Anaheim General Plan by Resolution No. 69R -644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004 -95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the General Plan may be amended whenever the public necessity and convenience and the general welfare require such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and WHEREAS, on January 8, 2008, the City Council approved a Development Agreement (Development Agreement No. 2006 - 00002) (the "Development Agreement ") to govern the development of an 878 -unit residential project on land consisting of approximately 15.6 acres, which project was proposed to consist of six development areas, two public parks, new public connector streets and related infrastructure located within the Platinum Triangle at 2050 State College Boulevard and 2015 -2125 East Orangewood Avenue (the "Property "); and WHEREAS, on July 3, 2012, LNR Platinum Stadium, LLC, a Delaware limited liability company (the "Owner "), submitted an application for (a) an amendment to the Development Agreement in the form of an Amended and Restated Development Agreement ( "Amended and Restated Development Agreement No. 2006- 00002B ") in order to (i) modify the site design and product type, (ii) reduce the total number of residential units from 878 to 525 units within eight buildings up to 4- stories in height with subterranean parking and related amenities, (iii) revise the location of the public park and the connector street, and (iv) permit a smaller park than allowed by the Anaheim Municipal Code (herein referred to collectively as the "Platinum Stadium Apartments Project "); (b) an amendment to the Land Use Element, Circulation Element and Green Element of the General Plan ( "General Plan Amendment No. 2012 - 00485 "); (c) an amendment to the Platinum Triangle Master Land Use Plan ( "PTMLUP ") and, specifically, Chapter 1, Figure 3 (General Plan Designations), Chapter 2, Figure 4 (Platinum Triangle Urban Design Plan), Chapter 3, Figure 5 (Mixed Use and Office Districts), Chapter 4, Figure 20 (Landscape Concept Plan) and Figure 21 (Cross Section Key Map) ( "Miscellaneous Case No. 2012 - 00553 "); (d) Variance No. 2012 - 04909; and (e) revised Tentative Tract Map No. 16860. Amended and Restated Development Agreement No. 2006- 00002B, General Plan Amendment No. 2012 - 00485, Miscellaneous Case No. 2012 - 00553, Variance No. 2012 - 04909, and Revised Tentative Tract Map No. 16860 shall be referred to herein collectively as the "Proposed Project Actions "; and WHEREAS, on September 6, 2012, the Planning Director approved Final Site Plan No. 2012 -00001 to provide for the development of the proposed Platinum Stadium Apartments Project, contingent upon the approval of the Proposed Project Actions; and WHEREAS, General Plan Amendment No. 2012 -00485 proposes to amend "Figure LU- 4: Land Use Plan" of the Land Use Element of the General Plan, "Figure C -5: Existing and Proposed Bicycle Facilities" of the Circulation Element of the General Plan, and "Figure G -1: Green Plan" of the Green Element of the General Plan to reflect the revised location of the public park within the proposed Platinum Stadium Apartments Project, as shown on Exhibit A, Exhibit B and Exhibit C, respectively, which are attached hereto and incorporated herein by this reference; and WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the ( "Planning Commission ") conducted a public hearing at the Civic Center in the City of Anaheim on September 10, 2012, at 5:00 p.m., to consider General Plan Amendment No. 2012- 00485, together with the rest of the Proposed Project Actions, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code; and WHEREAS, at said public hearing, the Planning Commission considered information presented by City staff and evidence for and against the proposed General Plan Amendment No. 2012 -00485 and did adopt its Resolution No. PC2012 -060, containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that the proposed General Plan Amendment No. 2012 -00485 be adopted by the City Council; and WHEREAS, upon receipt of said Resolution No. PC2012 -060, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 9th day of October, 2012, as the time, and the City Council Chambers in the Civic Center, as the place, for a public hearing on said proposed General Plan Amendment No. 2012 -00485 and did give notice thereof in the manner and as provided by law; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct a duly noticed public hearing to consider the proposed General Plan Amendment No. 2012 -00485 and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports and did consider the recommendations and action of the Planning Commission; and WHEREAS, the City Council hereby finds and determines, pursuant to the provisions of the California Environmental Quality Act ( "CEQA ") and based upon its independent review and consideration of Final Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 304 (herein referred to collectively as the "CEQA Documents "), that (a) 2 the CEQA Documents serve as the appropriate environmental documentation for the proposed General Plan Amendment No. 2012 - 00485, and satisfy all the requirements of CEQA; (b) 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 have occurred in connection with the proposed General Plan Amendment No. 2012- 00485; and (c) no further environmental documentation needs to be prepared under CEQA for the proposed General Plan Amendment No. 2012- 00485; and WHEREAS, the City Council does find and determine that the proposed General Plan Amendment No. 2012 - 00485, as described above, should be approved, and that the evidence presented shows that all of the conditions exist as set forth in Subsection .030 of Section 18.68.050 of the Anaheim Municipal Code based upon the findings approved and adopted by the Planning Commission in its Resolution No. PC2012 -060, as follows: 1. The proposed General Plan Amendment 2012 -00485 maintains internal consistency with the General Plan as the proposed relocation of the public park is consistent with the goals and policies set forth in the General Plan for the Mixed Use land use designation and the Platinum Triangle Master Land Use Plan. 2. The proposed General Plan Amendment 2012 -00485 would not be detrimental to the public interest, health, safety, convenience, or welfare of the City but would enhance traffic and pedestrian circulation to and from the community and provide a public park as an amenity for the Platinum Stadium Apartments Project, as well as for the surrounding community; 3. The proposed General Plan Amendment 2012 -00485 will be consistent with the intent of the General Plan and would maintain the balance of land uses within the City; and 4. The Property is physically suitable to accommodate the proposed modification to the Land Use Map of the General Plan, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses because the relocation of the public park is easily accessible to the general public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that proposed General Plan Amendment No. 2012 -00485 be, and the same is hereby, approved, to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the General Plan, "Figure C -5: Existing and Proposed Bicycle Facilities" of the Circulation Element of the General Plan, and "Figure G -1: Green Plan" in the form attached hereto as Exhibit A, Exhibit B and Exhibit C, respectively. BE IT FURTHER RESOLVED that the proposed General Plan Amendment No. 2012- 00485 is granted contingent upon the approval of Miscellaneous Case No. 2012 - 00553, Amended and Restated Development Agreement No. 2006 - 00002, Revised Tentative Tract Map No. 16860, and Variance No. 2012 - 04909, now pending. 3 BE IT FURTHER RESOLVED that the Owner is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the approval of the final map for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of October , 2012, by the following roll call vote: AYES: Council Members Sidhu, Galloway, Fastman and Murray NOES: None ABSENT: None ABSTAIN: Mayor Tait CITY OF ANAHEIM By: MA OR OF THE CI Y OF ANAHEIM ATTEST: 41. /P 'itiAL41 CITY CLERK OF THE CITY OF A AHEIM 91703 4 EXHIBIT "A" FIGURE LU -4: LAND USE PLAN OF THE LAND USE ELEMENT OF THE GENERAL PLAN [Behind this sheet.] Tom' _.. a I = a a r+-, 0~ a roa e r 1■! \ Anheim Hl' 0 a NW �y \ y ,4„, c „,,,,.,..... e , G .g g,„.. , . 1 A 1 1 & e s z n. 2 a a, H 5 1. < 9 L .3, e € z L ! I,! ; g E g ar l h ' ref a E z a111:1 11 ,!HOE i01 „ -It s K�ae_ Bird V 1 \\ ae ea.ms: / 5 //' -I , a viii-iir ---,r ___:„...,k 11 P.I I e% AI r v S 06 : II.:.01•11 0M: 6ajlo e1S . '� a ,. <7 . 44/ g 111 � 4m East � // j 1 IFI, 0 ** I P ^I9 -I.4aH II � I N li wi C ii f; 1 i rii ISDI i `r .,. ,, Vil.n3 6 Ill Z a ) \ \ \ \ \ - 'i — Lu 3 1:_i \ I k , al - A \ . . _ . _ - N ‘xN "\\ N ' " \ ‘ \ ' '' ‘\ \ as ,.%, \ \\\ , 7 N N s;\ \ ‘„ W NNN NN‘ \\.\\. x■,N. N\ \\ N \,,N .;\ \ \ -, . \\\ \\\.\\ N \ ,\ i \<\\\ a ., L j \ W _,W., \:: \ .\\ . \ . \ o oo EXHIBIT "B" FIGURE C -5: EXISTING AND PROPOSED BICYCLE FACILITIES OF THE CIRCULATION ELEMENT OF THE GENERAL PLAN [Behind this sheet.] • �� L� L---I L _ — _. O O C • I� O c O >- a c� O cct ' ° cs ` 3 a " 3 a. 3 a 3 a. A # ; / - E— N M _ F . •- N .- M — \ r ,3F .. O o•—∎ v cn v v p—i cn ■—, CL v O p. vi C1. vi CL . vi p .. v Ll Er) " • ., 4/4".* O �i O O cC O cd O cC O m \: a � �- .."" p.m av a.0 a 0 av - 2 s's \ ..h., H4'a• j - 'CC >, �' x E .t...,... .4„. ` cG . 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