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RES-2014-190RESOLUTION NO. 2014-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ADDENDUM NO. 3 TO THE PREVIOUSLY - CERTIFIED REVISED PLATINUM TRIANGLE EXPANSION PROJECT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 339 FOR THE REVISED PLATINUM TRIANGLE EXPANSION PROJECT, ALONG WITH MITIGATION MONITORING PROGRAM NO. 316, AND DETERMINING THAT SAID ADDENDUM, TOGETHER WITH OTHER PREVIOUSLY - APPROVED ENVIRONMENTAL DOCUMENTATION, SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR PROPOSED AMENDMENTS TO THE GENERAL PLAN, THE PLATINUM TRIANGLE MASTER LAND USE PLAN, THE ZONING CODE, AND AN EXISTING DEVELOPMENT AGREEMENT WITH PLATINUM VISTA APARTMENTS, LP FOR THE PLATINUM VISTA PROJECT. (GENERAL PLAN AMENDMENT NO. 2014-00495, ZONING CODE AMENDMENT NO. 2014 - 00117, MISCELLANEOUS CASE NO. 2014 - 00593, AND DEVELOPMENT AGREEMENT NO. 2007- 00002D) (DEV2012- 00060B) (10 15 — 1105 EAST KATELLA AVENUE) WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the confluence of the Interstate 5 and State Route 57 ( "SR -57 Freeway ") freeways in the City of Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and the SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit. The Platinum Triangle encompasses the Angel Stadium, the Honda Center, the City National Grove of Anaheim, the Anaheim Amtrak/Metrolink Station, and surrounding residential and mixed use development, light industrial buildings, industrial parks, distribution facilities, offices, hotels, restaurants, and retail development; and WHEREAS, since 1996, the City Council of the City of Anaheim ( "City Council ") has approved several actions relating to the area encompassed by the Platinum Triangle; and WHEREAS, on May 30, 1996, the City Council of the City of Anaheim certified Final Environmental Impact Report No. 320 and adopted Area Development Plan No. 120 for that portion of the Angel Stadium property associated with the Sportstown Development. Area Development Plan No. 120 entitled a total of 119,543 seats for new and /or renovated stadiums, 750,000 square feet of urban entertainment /retail uses, a 500 -room hotel (550,000 square feet), a 150,000- square -foot exhibition center, 250,000 square feet of office development and 15,570 on- site parking spaces. The Grove of Anaheim, the renovated Angel Stadium and the Stadium Gateway Office Building were developed /renovated under Area Development Plan No. 120; and WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area Master Land Use Plan ( "MLUP "). The boundaries of the MLUP were generally the same as those for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to the Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part of the approval process for the MLUP, the City Council also certified Final Environmental Impact Report No. 321 and adopted Mitigation Monitoring Program No. 106. Development within the boundaries of the MLUP was implemented through the Sports Entertainment Overlay Zone ( "SE Overlay Zone "), which permitted current uses to continue or expand within the provisions of the existing zoning, while providing those who may want to develop sports, entertainment, retail, and office uses with standards appropriate to those uses, including increased land use intensity. Implementation of the SE Overlay Zone was projected to result in a net loss of 491,303 square feet of industrial space and increases of 1,871,285 square feet of new office space, 452,026 square feet of new retail space, and 991,603 square feet of new hotel space. Projects that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena Corporate Center, and the Westwood School of Technology; and WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle. The General Plan Update changed the General Plan designations within the Platinum Triangle from Commercial Recreation and Business Office /Mixed Use /Industrial to Mixed -Use, Office - High, Office -Low, Industrial, Open Space and Institutional to provide opportunities for existing uses to transition to mixed -use, residential, office, and commercial uses. The General Plan Update also established the overall maximum development intensities for the Platinum Triangle, which permitted up to 9,175 dwelling units, 5,000,000 square feet of office space, 2,044,300 square feet of commercial uses, industrial development at a maximum floor area ratio ( "FAR ") of 0.50, and institutional development at a maximum FAR of 3.0. In addition, the square footage /seats allocated to the existing Honda Center and all of the development intensity entitled by Area Development Plan No. 120 was incorporated into the Platinum Triangle Mixed -Use land use designation. Final Environmental Impact Report No. 330 ( "FEIR No. 330 "), which was prepared for the General Plan and Zoning Code Update and associated actions, analyzed the above development intensities on a City -wide impact level and adopted mitigation monitoring programs, including that certain Updated and Modified Mitigation Monitoring Plan No. 106 for the Platinum Triangle; and WHEREAS, on August 17, 2004 and in order to provide the implementation tools necessary to realize the City's new vision for the Platinum Triangle, the City Council replaced the MLUP with the Platinum Triangle Master Land Use Plan (the "PTMLUP "), replaced the SE Overlay Zone with the Platinum Triangle Mixed Use Overlay Zone ( "PTMU Overlay Zone "), approved the form of a Standardized Platinum Triangle Development Agreement, and approved associated zoning reclassifications. Under these updated zoning regulations, property owners desiring to develop under the PTMU Overlay Zone provisions were thereafter required to enter into a standardized Development Agreement with the City of Anaheim; and WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental Impact Report No. 332 ( "FSEIR No. 332 ") adopting a Statement of Findings of Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A to provide for the implementation of the PTMLUP, in 2 conjunction with its consideration and approval of General Plan Amendment No. 2004 - 00420, Miscellaneous Case No. 2005- 00089, Zoning Code Amendment No. 2004 -00036 and a series of related actions, which collectively allowed for an increase in the allowable development intensities within the Platinum Triangle to 9,500 residential units, 5,000,000 square feet of office uses, and 2,254,400 square feet of commercial uses; and WHEREAS, following the certification of FSEIR No. 332, the City Council approved two addendums to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle intensity by 67 residential units, 55,550 square feet of office development, and 10,000 square feet of commercial uses. A project Environmental hnpact Report was also approved to increase the allowable development intensities by an additional 699 residential units to bring the total allowable development intensity within the Platinum Triangle to up to 10,266 residential units, 5,055,550 square feet of office uses, and 2,264,400 square feet of commercial uses; and WHEREAS, on February 13, 2007, the City embarked upon a process to amend the General Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized Development Agreement, and related zoning reclassifications to increase the allowable development intensities within the Platinum Triangle to up to 18,363 residential units, 5,657,847 square feet of commercial uses,16,819,015 square feet of office uses, and 1,500,000 square feet of institutional uses (the "Platinum Triangle Expansion Project "); and WHEREAS, on December 11, 2007, the City Council certified Final Subsequent Environmental Impact Report No. 334 ( "FSEIR No. 334 ") adopting a Statement of Findings of Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation Monitoring Program No. 106A in conjunction with its consideration and approval of General Plan Amendment No. 2004 - 00420, Miscellaneous Case No. 2005- 00089, Zoning Code Amendment No. 2004 - 00036, and a series of other related actions in order to provide for the implementation of the PTMLUP and approval of the Platinum Triangle Expansion Project; and WHEREAS, in response to the application of 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 the "Original Owner "), for entitlements allowing for the development of a 327 -unit mixed use residential condominium project with a 9,500 square foot full- service restaurant with an outdoor dining area (the "Original Project ") on certain real property consisting of approximately 4.13 acres commonly known as 1005 -1105 East Katella Avenue (the "Property "), the City Council determined that FSEIR No. 334, including Updated and Modified Mitigation Monitoring Plan No. 106B for the PTMLUP and Mitigation Monitoring Plan No. 153, served as the appropriate environmental documentation for the Original Project. In addition to Development Agreement No. 2007 -00002 (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 on the Property; and WHEREAS, on January 8, 2008, the City Council adopted Ordinance No. 6090 approving the Development Agreement. The Development Agreement was recorded in the 3 Official Records of the County of Orange, California ( "Official Records ") on March 20, 2008 as Instrument No. 2008000129034; and WHEREAS, subsequent to the approval of Conditional Use Permit No. 2007 -05248 and the Development Agreement, a lawsuit was filed challenging the adequacy of FSEIR No. 334. The City Council thereafter repealed the approval of the Platinum Triangle Expansion Project, including FSEIR No. 334 and various related actions, and directed staff to prepare a new Subsequent Environmental Impact Report for the Platinum Triangle Expansion Project; and WHEREAS, on October 26, 2010, the City Council approved amendments to the General .Plan ( "General Plan Amendment No. 2008-00471"), the PTMLUP ( "Miscellaneous Case No. 2007 - 00188 "), the PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development intensities within the PTMU Overlay Zone to up to 18,909 residential units, 14,340,522 square feet of office uses, 4,909,682 square feet of commercial uses, and 1,500,000 square feet of institutional uses. Before approving said amendments and zoning reclassifications, the City Council approved and certified the "Revised Platinum Triangle Expansion Project Subsequent Environmental Impact Report No. 339" for the Revised Platinum Triangle Expansion Project, including Updated and Modified Mitigation Monitoring Plan No. 106C (collectively referred to herein as " FSEIR No. 339 ") ; and WHEREAS, certain additional development approvals and permits were subsequently approved by the City for the Property, including (1) Amendment No. 1 to Development Agreement No. 2007 -00002 (Development Agreement No. 2007- 00002A), extending the Term of the Development Agreement from a period of five years to a period of ten years ( "Amendment No.l "); (2) First Amended and Restated Development Agreement No. 2007 -00002 (Development Agreement No. 2007- 00002B) (the "First Amended DA "), to increase the number of units in the Original Project to 350 and eliminate the 9,500 square foot full- service restaurant; and (3) Tentative Tract Map No. 17494 to modify the product type, overall site layout, and include the addition of a public park. Amendment No. 1 to Development Agreement No. 2007- 00002 was recorded in the Official Records on June 14, 2012 as Instrument No. 2012000337873. The First Amended DA was recorded in the Official Records on April 11, 2013 as Instrument No. 2013000217457; and WHEREAS, Development Agreement No. 2007 - 00002, Amendment No. 1, and the First Amended DA shall be referred to herein collectively as the "Existing Development Agreement "; and WHEREAS, the Existing Development Agreement and Tentative Tract Map No. 17494 shall be referred to herein collectively as the "Existing Entitlements "; and WHEREAS, the Original Project, as represented by the Existing Development Agreement and Existing Entitlements, shall be referred to herein as the "Platinum Vista Project "; and WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 17, 2012 ( "Addendum No. 1 "), was prepared and considered by the City Council in connection with the Katella Avenue /1 -5 Undercrossing Improvements project because none of the conditions described in Section 15162 E of the State of California Guidelines for Implementation of the California Environmental Quality Act ( "State CEQA Guidelines ") calling for the preparation of a subsequent environmental impact report had occurred; and WHEREAS, on December 18, 2012, the City Council approved amendments to the General Plan ( "General Plan Amendment No. 2012 - 00486 "), the PTMLUP ( "Miscellaneous Case No. 2012 - 00559 "), and the PTMU Overlay Zone ( "Zoning Code Amendment No. 2012 - 00107 ") 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 and to amend various Elements of the General Plan to include the addition of a public park ( "General Plan Amendment No. 2012 - 00486 "); and WHEREAS, Addendum No. 2 to FSEIR No. 339, dated December 3, 2012 ( "Addendum No. 2 "), was prepared and considered by the City Council in connection with proposed revisions to a master planned mixed -use project on a 7.01 -acre (approximate) parcel commonly known as 905 -917 East Katella Avenue to allow the development of a four -story "wrap style" residential building consisting of 399 dwelling units with a five -story parking structure and a public park (the "Platinum Gateway Project "). The Platinum Gateway Project is located adjacent to the Property; and WHEREAS, on January 22, 2014, the Property was acquired by Platinum Vista Apartments, LP, a California limited partnership (herein referred to as the "Owner ") and the First Amended DA was assigned to the Owner pursuant to that certain Assignment and Assumption of Development Agreement, dated as of January 22, 2014, the original of which was recorded in the Official Records on January 22, 2014 as Instrument No. 2014000025889; and WHEREAS, pursuant to the authority conferred upon and in accordance with Section 21 of the Development Agreement and Chapter 18.60 of the Code, the Owner has requested an amendment to the Existing Entitlements to modify the site design and product type of the Platinum Vista Project, consisting of an increase in the number of dwelling units from 350 to 389 residential apartment units involving the construction of a five -story "wrap- style" building (five levels of apartments) and a six -story parking structure, including subterranean parking (the 'Revised Platinum Vista Project "). To that end, the Owner has requested the following entitlements (herein referred to collectively as the "Proposed New Entitlements "): (a) An amendment to the Existing Development Agreement in the form of the proposed Second Amended and Restated Development Agreement No. 2007- 00002 (Development Agreement No. 2007- 00002D) (the "Second Amended DAG ") presented at the meeting at which this Resolution was adopted; (b) An amendment to the General Plan to modify "Table LU -4: General Plan Density Provisions for Specific Areas of the City" to increase the number of dwelling units from 350 to 389 residential apartment units ( "General Plan Amendment No. 2014 - 00495 "); 5 (c) An amendment to the Zoning Code to make the Zoning Code consistent with General Plan Amendment No. 2014 - 00495, as adopted ( "Zoning Code Amendment No. 2014-00117"); and (d) An amendment to the Platinum Triangle Master Land Use Plan to be consistent with General Plan Amendment No. 2014- 00495, including amendments to (i) Chapter 1, Table 1 - General Plan Development Intensities, (ii) Chapter 3, Section 3.1, (iii) Chapter 3, Section 3.4, (iv) Chapter 3, Table 3, and (v) Appendix G, to reflect revised development intensities ( "Miscellaneous Case No. 2014- 00593 "); and WHEREAS, in connection with the Proposed New Entitlements, Addendum No. 3 to FSEIR No. 339, dated August 2014 ( "Addendum No. 3 "), a copy of which is on file in the Planning Department and incorporated herein by this reference as though fully set forth, has been prepared in order to detennine whether any significant environmental impacts which were not identified in the previously- approved FSEIR No. 339 would result or whether previously identified significant impacts would be substantially more severe. FSEIR No. 339, Addendum, No. 1, Addendum No. 2, and the Addendum No. 3, together with Mitigation Monitoring Program No. 316, and all other related Mitigation Monitoring Programs and Plans collectively constitute the environmental documentation under and pursuant to the California Environmental Quality Act of 1970, as amended ( "CEQA "), and the State CEQA Guidelines relating to the Proposed New Entitlements and the Revised Platinum Vista Project and shall be referred to herein collectively as the "CEQA Documents "; and WHEREAS, on September 8, 2014, the Planning Commission did hold a public hearing, 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 Addendum No. 3 and for and against the Proposed New Entitlements and the Revised Platinum Vista Project and to investigate and make findings in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports concerning the contents and sufficiency of Addendum No. 3, and did adopt its Resolution Nos. PC2014 -0080 containing a report of its findings, a summary of the evidence presented at said hearing, and finding and determining and also recommending that the City Council so find and determine that Addendum No. 3, together with the other CEQA Documents, satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed New Entitlements and the Revised Platinum Vista Project; (ii) 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 New Entitlements and the Revised Platinum Vista Project; and (iii) no further environmental documentation needs to be prepared under CEQA for the Proposed New Entitlements and the Revised Platinum Vista Project; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2014 -0080, PC2014 -0081, PC2014 -0082 and PC2014 -0083, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 21 st day of October, C: 2013, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed New Entitlements and the Revised Platinum Vista Project and for the purpose of considering Addendum No. 3, together with the other CEQA Documents, 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 Proposed New Entitlements and the Revised Platinum Vista Project, including Addendum No. 3, together with the other CEQA Documents, and the recommendations of the Planning Commission; and WHEREAS, to the extent authorized by law, the City Council desires and intends to use Addendum No. 3, together with the other CEQA Documents as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed New Entitlements and the Revised Platinum Vista Project; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentation, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to the above findings and based upon a thorough review of proposed Addendum No. 3, the CEQA Documents, and the evidence received to date, does find and determine as follows: 1. That Addendum No. 3 was prepared for the Proposed New Entitlements and the Revised Platinum Vista Project in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual. 2. That, based upon the evidence submitted and as demonstrated by the analysis included in Addendum No. 3, 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; specifically: (a) There have not been any substantial changes in the Platinum Vista Project that require major revisions of the CEQA Documents because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Revised Platinum Vista Project is undertaken that require major revisions of the CEQA Documents due to the involvement of new 7 significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time FSEIR No. 339 was certified as complete or the other CEQA Documents were adopted, that shows any of the following: (a) the Revised Platinum Vista Project will have one or more significant effects not discussed in FSEIR No. 339 or the other CEQA Documents; (b) significant effects previously examined will be substantially more severe than shown in FSEIR No. 339 or the other CEQA Documents; (c) mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the Revised Platinum Vista Project, but the Owner declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in FSEIR No. 339 would substantially reduce one or more significant effects on the environment, but the Owner decline to adopt the mitigation measure or alternative. 3. In connection with the Proposed New Entitlements and the City Council's review of Addendum No. 3, the City Council has independently reviewed all of the CEQA Documents and has exercised its independent judgment in making the findings and determinations set forth herein. 4. Pursuant to the above findings, the City Council determines that the previously - approved CEQA Documents, together with Addendum No. 3, satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed New Entitlements and the Revised Platinum Vista Project and hereby approves and adopts Mitigation Monitoring Program No. 316 for the Revised Platinum Vista Project. n . THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 strlay of October , 2014, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY OF AHEI ( Z MA OR OF YHE CITY OF ANAHEIM Q a�b� - CITY CLERK OF THE CITY OF KNAHEIM 105393- v1 /TJR Z