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RES-2012-156 RESOLUTION NO. 2012 - 156 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 THERETO, UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106C FOR THE PLATINUM TRIANGLE, AND MITIGATION MONITORING PROGRAM NO. 306, SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PLATINUM VISTA PROJECT (DEV2012- 00060) AND REQUIRED AND RELATED DISCRETIONARY ACTIONS; AND ADOPTING MITIGATION MONITORING PROGRAM NO. 306. WHEREAS, pursuant to the adoption of Ordinance No. 6090 by the City Council of the City of Anaheim (herein referred to as the "City Council ") on January 8, 2008, the City of Anaheim, on the one hand, and the Ronald W. Marshall and Deborah L. Marshall Trust, Dated January 7, 1989, the Marshall Family Trust, Dated February 14, 2000, and See Development Limited Partnership (collectively referred to herein as "Marshall /See "), on the other hand, entered into that certain Development Agreement No. 2007- 00002, which was recorded in the Official Records of the County of Orange, California ( "Official Records ") on March 20, 2008, as Instrument No. 2008000129034 (herein referred to as the "Development Agreement ") with respect to that certain real property consisting of approximately 4.13 acres and commonly known as 1005 through 1105 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 327 -unit mixed use residential condominium project with a 9,500 square foot full- service restaurant with an outdoor dining area. In addition to the Development Agreement, the City Council approved Conditional Use Permit No. 2007 -05248 to permit the sales and consumption of alcoholic beverages within a full- service restaurant and Tentative Tract Map No. 17186 to establish a 2 -lot (1 lettered and 1 numbered) residential subdivision (herein referred to as the "Original Project "); and, WHEREAS, by the adoption of Ordinance No. 6246 on June 5, 2012, the City Council approved Amendment No. 1 to Development Agreement 2007 -00002 (herein referred to as "Amendment No. 1") to extend the Term of, and provide for other modifications to, the Development Agreement. Amendment No. 1 was recorded in the Official Records on June 14, 2012 as Instrument No. 2012000337873. The Development Agreement and Amendment No. 1 shall be referred to herein collectively as the "Development Agreement "; and, HEREAS, Shopoff Advisors, L.P., a Delaware limited partnership (herein referred to as "Shopoff'), has entered into an agreement with Marshall /See 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 Marshall /See and in accordance with Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code (herein referred to as 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 327 to 350 residential apartment units and a reduction in the amount of office and commercial development (herein referred to as the "Platinum Vista 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. 2007 -00002 (Development Agreement No. 2007- 00002B) (herein referred to as the "Amended and Restated Development Agreement ") presented at the meeting at which this Resolution was adopted; and (b) that Tentative Tract Map No. 17494 be approved. WHEREAS, the Amended and Restated Development Agreement 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- 00007 (herein referred to as the "Final Site Plan") to provide for the development of the Platinum Vista 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 Vista Project and the Entitlements; 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 Vista 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 thereto) (collectively referred to herein as "FSEIR No. 339 ") and for and against the Platinum Vista 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 Vista 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- 099 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. 306, serve as the appropriate environmental documentation for the proposed Platinum Vista 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 Vista Project and/or the Entitlements; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Platinum Vista Project and/or the Entitlements; and, WHEREAS, upon receipt of said Resolution No. PC2012 -099, 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 Vista 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. 306, 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 Vista 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. 306, 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 Vista 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. 306, prior to acting upon the Platinum Vista 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. 306, serve as the appropriate environmental documentation for the Platinum Vista 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 Vista Project and the Entitlements; and (iii) no further environmental documentation needs to be prepared under CEQA for the Platinum Vista Project and the Entitlements. BE IT FURTHER RESOLVED that the City Council hereby approves and adopts Mitigation Monitoring Program No. 306 for the Platinum Vista Project and the Entitlements. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 8th 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 MA OR OF THE CITY OF ANAHEIM ATTEST: AI Ilk / (' 41, • CITY CLERK OF THE CITY OF A IAHEIM 92703 EXHIBIT "A" DEV NO. 2012-00060 APN: 082 - 261 -28 319' o ° ct I 2 td v) 305' i N E KATELLA AVE a w i„ 2 W *f F>, « sT 0 IMOIMEN Source: Recorded Tract Maps and /or City GIS. Feet 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 NO. 1: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA [Assessor's Parcel No. 082 - 261 -27] PARCEL NO. 2: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. [Assessor's Parcel No. 082 - 261 -28]