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RES-2012-153 RESOLUTION NO. 2012 -153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PREVIOUSLY CERTIFIED FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 339, TOGETHER WITH ADDENDUM NO. 1 AND ADDENDUM NO. 2 THERETO, UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106C FOR THE PLATINUM TRIANGLE, AND MITIGATION MONITORING PROGRAM NO. 307, SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PLATINUM GATEWAY PROJECT (DEV2012- 00059) AND REQUIRED AND RELATED DISCRETIONARY ACTIONS; AND ADOPTING MITIGATION MONITORING PROGRAM NO. 307. WHEREAS, pursuant to the adoption of Ordinance No. 6106 by the City Council of the City of Anaheim (herein referred to as the "City Council ") on June 24, 2008, the City of Anaheim, on the one hand, and K/L Anaheim Properties I LLC and K/L Anaheim Properties II LLC (collectively referred to herein as "K/L "), on the other hand, entered into that certain Development Agreement No. 2008 - 00002, which was recorded in the Official Records of the County of Orange, California (herein referred to as the "Official Records ") on June 24, 2008, as Instrument No. 2008000351778 (herein referred to as the "Development Agreement ") with respect to that certain real property consisting of approximately 7.01 acres and commonly known as 905 through 917 East Katella Avenue in the City of Anaheim, County of Orange, State of California, which real property is generally depicted on the map attached hereto as Exhibit A and more particularly described in Exhibit B attached hereto and incorporated herein by this reference (herein referred to as the "Property "); and, WHEREAS, the Development Agreement provided for development of a master planned mixed -use project on the Property comprised of, among other uses, a 320 -unit residential condominium project, a 209,419 square foot twelve -story office building, including a 5,586 square foot full- service restaurant, 4,381 square feet of retail space, and a 104,604 square foot 138 -room hotel. In addition to the Development Agreement, the City Council approved Conditional Use Permit No. 2008 -05304 to permit the modification of setback requirements and building height for the hotel (herein referred to as the "Original Project "); and, WHEREAS, Shopoff Advisors, L.P., a Delaware limited partnership (herein referred to as " Shopoff'), has entered into an agreement with K/L to purchase the Property. Under the authority set forth in Section 65865 of the California Government Code, Shopoff possesses an equitable interest in and to the Property and is, therefore, authorized to enter into a Development Agreement with the City for the Property; and, WHEREAS, pursuant to the authority conferred upon Shopoff by K/L and in accordance with Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code (the "Code "), Shopoff submitted to the City a request to modify the site design and product type of the Original Project, consisting of an increase in the number of dwelling units from 320 to 399 residential apartment units, a reduction in the amount of office and commercial development, the addition of a public park (herein referred to as the "Platinum Gateway Project "). To that end, Shopoff has requested the following entitlements: (a) that the Development Agreement be amended and restated in the form of the proposed First Amended and Restated Development Agreement No. 2008 -00002 (Development Agreement No. 2008- 00002D) (herein referred to as the "Amended and Restated Development Agreement ") presented at the meeting at which this Resolution was adopted; (b) that the General Plan be amended to modify "Table LU -4: General Plan Density Provisions for Specific Areas of the City" to increase the number of dwelling units and reduce the amount of office and commercial development allowed within the Mixed -Use land use designation of the Platinum Triangle Area and to amend various Elements of the General Plan to include the addition of a public park (herein referred to as "General Plan Amendment No. 2012- 00486 "); (c) that the Zoning Code be amended to make the Zoning Code consistent with General Plan Amendment No. 2012 - 00486, as adopted (herein referred to as "Zoning Code Amendment No. 2012- 00107 "); (d) that (i) Chapter 1, Table 1- General Plan Development Intensities, (ii) Chapter 1, Figure 3 (General Plan Designations), (iii) Chapter 2, Figure 4 (Platinum Triangle Urban Design Plan), (iv) Chapter 3, Figure 5 (Mixed Use and Office Districts), and (v) Chapter 4, Figure 20 (Landscape Concept Plan) of the Platinum Triangle Master Land Use Plan be amended (herein referred to as "Miscellaneous Case No. 2012 - 00559 "); and (e) that Tentative Tract Map No. 17494 be approved. WHEREAS, the Amended and Restated Development Agreement, General Plan Amendment No. 2012 - 00486, Zoning Code Amendment No. 2012- 00107, Miscellaneous Case No. 2012 -00559 and Tentative Tract Map No. 17494 shall be referred to herein collectively as the "Entitlements "; and, WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2012- 00008 (herein referred to as the "Final Site Plan") to provide for the development of the Platinum Gateway Project, contingent upon the approval of the proposed Entitlements; and, WHEREAS, the City is the "lead agency ", as defined in the California Environmental Quality Act of 1970, as amended (herein referred to as "CEQA "), and the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines "), for the preparation and consideration of environmental documents for the Platinum Gateway Project and the Entitlements; and, • WHEREAS, Section 15164 of the CEQA Guidelines provides a way for the City to update, amplify and make changes or additions to a previously adopted environmental impact report in situations where a subsequent environmental impact report is not required. According to Section 15164, the City must prepare an "addendum" to a previously certified environmental impact report "if some changes or additions are necessary but none of the conditions described in Section 15162 [of the CEQA Guidelines] calling for the preparation of a subsequent [environmental impact report] have occurred "; and, WHEREAS, as a result of the proposed Entitlements requested by Shopoff for the Platinum Gateway Project and the Platinum Gateway Project, itself, the City has prepared an Addendum to Final Supplemental Environmental Impact Report No. 339 (herein referred to as "Addendum No. 2 ") in the form presented to this City Council because it appears that "none of the conditions described in Section 15162 [of the CEQA Guidelines] calling for the preparation of a subsequent [environmental impact report] have occurred "; and, WHEREAS, on December 3, 2012, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") conducted a public hearing for the proposed Platinum Gateway Project and the Entitlements at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony concerning the contents and sufficiency of the previously certified Final Supplemental Environmental Impact Report No. 339 (including Addendum No. 1 and Addendum No. 2 thereto) (collectively referred to herein as "FSEIR No. 339 ") and for and against the Platinum Gateway Project and the Entitlements; and, WHEREAS, the Planning Commission reviewed and considered the information contained in FSEIR No. 339 and all accompanying documents, and concluded that, in its independent judgment, the Platinum Gateway Project will not result in any significant environmental impacts that have not already been addressed in FSEIR No. 339; and, WHEREAS, the Planning Commission, by the adoption of its Resolution No. PC2012- 100 on December 3, 2012, which is incorporated herein by this reference, found and determined and recommended that the City Council also find and determine that (i) FSEIR No. 339, together with Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle, and Mitigation Monitoring Program No. 307, serve as the appropriate environmental documentation for the proposed Platinum Gateway Project and the Entitlements and satisfy all the requirements of CEQA; (ii) none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent environmental impact report have occurred in connection with the proposed Platinum Gateway Project and/or the Entitlements; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Platinum Gateway Project and/or the Entitlements; and, WHEREAS, upon receipt of said Resolution No. PC2012 -100, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 18th day of December, 2012, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Platinum Gateway Project and the Entitlements, and for the purpose of considering FSEIR No. 339, together with Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle and Mitigation Monitoring Program No. 307 and Mitigation Monitoring Program No. 307, and did give notice thereof in the manner and as provided by law; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the City Council considered all factors relating to the Platinum Gateway Project and the Entitlements, including FSEIR No. 339, together with Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle and Mitigation Monitoring Program No. 307, and the recommendations of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, as the "lead agency" under CEQA for the Platinum Gateway Project and the Entitlements, the City Council has carefully reviewed and considered the information contained in FSEIR No. 339, together with Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle and Mitigation Monitoring Program No. 307 and Mitigation Monitoring Program No. 307, prior to acting upon the Platinum Gateway Project and the Entitlements therefor. BE IT FURTHER RESOLVED that, pursuant to the provisions of CEQA and the CEQA Guidelines, the City Council finds and determines that (i) FSEIR No. 339, together with Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle and Mitigation Monitoring Program No. 307, serves as the appropriate environmental documentation for the Platinum Gateway Project and the Entitlements and satisfy all the requirements of CEQA; (ii) none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the proposed Platinum Gateway Project and the Entitlements; and (iii) no further environmental documentation needs to be prepared under CEQA for the Platinum Gateway Project and the Entitlements. BE IT FURTHER RESOLVED that the City Council hereby approves and adopts Mitigation Monitoring Program No. 307 for the Platinum Gateway Project and the Entitlements. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18t2n day of December , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Brandman, Eastman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM M OR OF THE ITY OF ANAHEIM ATTES • vui i lj11e, CITY CLERK OF THE CITY OF ANAHEIM 92702 EXHIBIT "A" DEV NO. 2012 -00059 APN: 082 - 261 -23 082 - 269 -03 082 - 269 -02 082 - 261 -24 614' 604' E KATELLA AVE i 1- w Cn U :0 CC gall=MMI Source: Recorded Tract Maps and /or City GIS. Faet Please note the accuracy is +/- two to five feet. EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A -1: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 58, PAGE 8 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY LYING BELOW A DEPTH OF 500 FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE THEREOF; PROVIDED, HOWEVER, THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT FOR ANY AND ALL PURPOSES TO ENTER UPON, INTO OR THROUGH THE SURFACE OR THE PORTION OF SAID PROPERTY LYING ABOVE 500 FEET, MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE OF SAID PROPERTY, AS RESERVED IN THE DEED FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY, RECORDED SEPTEMBER 28, 1973 IN BOOK 10921, PAGE 428 OF OFFICIAL RECORDS. PARCEL A -2: THOSE CERTAIN EASEMENTS DESCRIBED IN THAT CERTAIN (A) PARTY WALL AGREEMENT AND GRANT OF EASEMENT RECORDED DECEMBER 29, 1978 IN BOOK 12981, PAGES 1109 THROUGH 1128, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA AND (B) EASEMENT GRANT DEED RECORDED DECEMBER 29, 1978 IN BOOK 12981, PAGES 1144 THROUGH 1156, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B -1: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 58, PAGE 8 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY LYING BELOW A DEPTH OF 500 FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE THEREOF; PROVIDED HOWEVER THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS SHALL NOT HAVE THE RIGHT FOR ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO OR THROUGH THE SURFACE OF THE PROPERTY GRANTED HEREIN OR ANY PART THEREOF LYING BETWEEN SAID SURFACE AND FIVE HUNDRED (500) FEET BELOW SAID SURFACE, AS SET FORTH IN DEED FROM SOUTHERN PACIFIC INDUSTRIAL DEVELOPMENT COMPANY, A TEXAS CORPORATION, RECORDED DECEMBER 23, 1977 IN BOOK 12506, PAGE 82 OF OFFICIAL RECORDS. PARCEL B -2: THOSE CERTAIN EASEMENTS DESCRIBED IN THAT CERTAIN (A) PARTY WALL AGREEMENT AND GRANT OF EASEMENT RECORDED DECEMBER 29, 1978 IN BOOK 12981, PAGES 1109 THROUGH 1128, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA AND (B) EASEMENT GRANT DEED RECORDED DECEMBER 29, 1978 IN BOOK 12981, PAGES 1144 THROUGH 1156, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. [Assessor's Parcels No. 082 - 261 -23 and 082 -261 -24]