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Resolution-PC 2015-064RESOLUTION NO. PC2015-064 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT 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, AND PREVIOUSLY APPROVED ADDENDA THERETO, SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND NO FURTHER ENVIRONMENTAL DOCUMENTATION NEED BE PREPARED FOR THE REQUEST BY PT METRO, LLC TO AMEND DEVELOPMENT AGREEMENT NO. 2005-00008 IN THE FORM OF AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 2005-00008 AND RECOMMENDING CITY COUNCIL APPROVAL OF SAID AMENDMENT. WHEREAS, on or about November 8, 2005, the CITY and Lennar Platinum Triangle, LLC ("Original Developer"), and Don H. Watson, Trustee of the Don H. Watson Family Trust; Julius Realty Corporation; Traffic Control Services, Inc.; Joselito D. Ong and Renee Dee Ong; Roger C. Treichler and Vicki Treichler as Co -Trustees of the Treichler Family Trust; Robert Stovall Family Partnership, L.P., and Jennifer Leonard and Linda Gaffney, as Tenants in Common (collectively, the "Sellers") entered into that certain Development Agreement No. 2005-0008 as the "Owner", which Development Agreement was recorded in the Official Records of Orange County, California ("Official Records") on December 13, 2005 as Instrument No. 2005000992876 (the "Original Development Agreement"). Copies of the Original Development Agreement are available as a public record in the office of the City Clerk located at 200 South Anaheim Boulevard, Anaheim, California; and WHEREAS, the Original Development Agreement provided for the development of a Master Site Plan for certain real property consisting of approximately 43 acres and bounded by State College Boulevard on the east, Gene Autry Way on the south, and Katella Avenue on the north (the "Property") consisting of up to 2,681 residences with a mix of housing types, including high rise residential towers, street townhomes, podium townhomes and lofts, with 150,000 square feet of street -related retail commercial development, public park space and associated infrastructure to be developed in four phases (collectively, the "Original Project"). The Original Development Agreement provided for an initial Term of five (5) years, subject to extension thereof for up to three (3) additional five-year periods provided that certain development milestones were achieved; and WHEREAS, subsequent to the recordation of the Original Development Agreement, the fee title interest in and to the Property was transferred from, and the Original Development Agreement was assigned by, the Sellers to the Original Developer, making the Original Developer the sole owner of the Property and the "Developer" and "Owner" under the terms of the Original Development Agreement; and - 1 - PC2015-064 WHEREAS, prior to entering into the Original Development Agreement, certain development approvals and permits were approved by the City for the Property to provide for the orderly development of the Original Project. The development approvals consisted of. (1) General Plan Amendment No. 2005-00434, to amend Figure LU -4 of the Land Use Element of the General Plan to re -designate an approximately 10.4 -acre site from the Office -High land use designation to the Mixed -Use land use designation; (2) Miscellaneous Case No. 2005-00111 to amend the Platinum Triangle Master Land Use Plan to incorporate an approximately 10.4 -acre site into the Platinum Triangle Mixed Use (PTMU) Overlay Zone, Katella District; (3) Miscellaneous Case No. 2005-00116 to rescind, in part, City Council Resolution No. 2004- 00008 pertaining to Reclassification No. 2004-00127; (4) Reclassification No. 2005-00164, to reclassify an approximately 10.4 -acre site from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use Overlay) Zone; (5) Zoning Code Amendment No. 2005-00042, to incorporate an approximately 10.4 -acre site into the Platinum Triangle; (5) Conditional Use Permit No. 2005-04999, permitting residential tower structures up to 400 feet in height on a portion of the Property; (6) the Original Development Agreement; and (7) Tentative Tract Map No. 16859 for condominium purposes (collectively, the "Original Development Approvals"). Additionally, in reliance on the Original Development Approvals, Owner constructed certain improvements on and about the Property; and WHEREAS, pursuant to Section 19 of the Original Development Agreement and Chapter 18.60 of the Anaheim Municipal Code, the Original Developer submitted a request to extend the term, as described in Section 2 of the Original Development Agreement, from an initial period of five (5) years to an initial period of ten (10) years and for revisions to the "Term Extension Milestones" as described in Exhibit G thereto, and also to clarify the proper name for the Owner in the Original Development Agreement; and WHEREAS, the Original Developer's request for an amendment to the Original Development Agreement was approved by the City Council on December 16, 2008. Accordingly, on or about January 21, 2009, the City and the Original Developer entered into that certain Amendment No. 1 to the Original Development Agreement, which was recorded in the Official Records on February 23, 2009 as Instrument No. 2009000081175 ("Amendment No. I"). The "Owner" under Amendment No. 1 was mistakenly defined to be Platinum Triangle Partners, LLC; however, Platinum Triangle Partners, LLC was not a signatory to Amendment No. 1. Rather, Lennar Platinum Triangle, LLC, the entity identified as the Original Developer in the Original Development Agreement, executed Amendment No. 1 as the "Owner". The Original Developer changed its name to Platinum Triangle Partners, LLC by filing an amended and restated certificate of formation with the Secretary of State of the State of Delaware on May 22, 2006, and that, as such, Platinum Triangle Partners, LLC should have been the signatory to Amendment No. 1 and should have expressly assumed and agreed to perform all of the obligations of the Original Developer, as the "Owner" and "Developer" under the Original Development Agreement, to the extent accruing from and after the effective date of Amendment No. 1; and WHEREAS, the Original Development Agreement and Amendment No. 1 shall be referred to herein collectively as the "Existing Development Agreement"; and - 2 - PC2015-064 WHEREAS, subsequent to the recordation of Amendment No. 1, the fee title interest in the Property was transferred from, and the Existing Development Agreement was assigned by, Platinum Triangle Partners, LLC, to Lennar Homes of California, Inc., a California corporation ("Lennar"), which Property and Existing Development Agreement was, in turn, conveyed and transferred to PT Metro, LLC, a Delaware limited liability company, which for all purposes under the Existing Development Agreement is referred to interchangeably hereinafter as the "Owner" and "Developer"; and WHEREAS, the Owner is in the process of negotiating with and seeking certain approvals from the City for certain revisions to the Original Project, including the right to develop the Property with a minimum of 1,400 and a maximum of 1,746 residential dwelling units, a Public Park and Public Linear Park, consisting of approximately 1.8 acres, and a minimum of 38,000 GFA of commercial/retail development (the "Proposed Revised Project"); and WHEREAS, pursuant to Section 19 of the Existing Development Agreement and Chapter 18.60 of the Anaheim Municipal Code, the Owner has requested a series of actions to replace all of the Original Development Approvals (except that Tentative Tract Map No. 17703 is not meant to replace that portion of Tract 16859 which is not being re -subdivided by proposed Tentative Tract Map No. 17703 but which will be subject to the revised Master Site Plan, if the Master Site Plan and Tentative Tract Map No. 17703 are approved) (collectively, the "Project Actions"); and WHEREAS, because the Existing Development Agreement is currently set to expire on December 13. 2015 and the City is in the process of considering the Project Actions but has not yet had the opportunity to formally and finally decide whether to approve the Project Actions, or in the alternative, will have approved the Project Actions but the applicable challenge and/or appeal periods for the Project Actions may not fully run before the expiration of the Existing Development Agreement, the Owner submitted a request to extend the term of the Existing Development Agreement for an additional six (6) months until June 13, 2016, so that final action may be taken by the City on the Project Actions, and all applicable appeal and/or challenge periods for the Project Actions will have fully run before the Existing Development Agreement expires; and WHEREAS, Section 19 of the Existing Development Agreement and Chapter 18.60 of the Anaheim Municipal Code permit amendment of a Development Agreement by mutual consent of the parties thereto. The procedure for proposing and approving an amendment to a Development Agreement is the same as the procedure for entering into a Development Agreement, namely that a noticed public hearing must be held by both the Planning Commission and the City Council and such amendment, if approved, must be approved by ordinance; and WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as "Planning Commission") conducted a public hearing on the proposed Amendment No. 2 to Development Agreement No. 2005-00008 ("Amendment No. 2") at the Civic Center in the City of Anaheim on September 9, 2015, at 5:00 p.m., 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 considered information presented by City staff and evidence for and against the proposed Amendment No. 2; and - 3 - PC2015-064 WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Actions; and WHEREAS, on or about October 26, 2010, the City Council approved the Revised Platinum Triangle Expansion Project, which included amendments to the General Plan ("General Plan Amendment No. 2008-00471 "), the Platinum Triangle Master Land Use Plan ("PTMLUP") ("Miscellaneous Case No. 2007-00188"), the Platinum Triangle Mixed Use Overlay Zone ("PTMU Overlay Zone"), and related zoning reclassifications to increase the allowable development intensities within the PTMU Overlay Zone from 10,266 residential units 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, 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/I-5 Undercrossing Improvements project because none of the conditions described in Section 15162 of the State of California Guidelines for Implementation of the CEQA Guidelines calling for the preparation of a subsequent environmental impact report had occurred; 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 399 dwelling units (the "Platinum Gateway Project"); and WHEREAS, Addendum No. 3 to FSEIR No. 339, dated August 2014 ("Addendum No. 3"), was prepared and considered by the City Council in connection with proposed revisions to a master planned mixed-use project on a 4.13 -acre (approximate) parcel commonly known as 1005-11105 East Katella Avenue to increase the allowable number of residential dwelling units from 350 to 389 (the "Platinum Vista Project"). On October 21, 2014, the Anaheim City Council adopted General Plan Amendment No. 2014-00495 to permit the increase in the number of dwelling units for the Platinum Vista Project. Thereafter, to be consistent with General Plan Amendment No. 2014-00495, the Anaheim City Council adopted its Ordinance No. 6309 on November 18, 2014, which had the effect of increasing the maximum square footage for commercial uses within the Katella District of the PTMU Overlay Zone to 634,643 square feet, resulting in an aggregate increase in the square footage for commercial uses within the PTMU Overlay Zone to 4,795,111. Ordinance No. 6309 also had the effect of increasing the maximum number of housing units within the PTMU Overlay Zone to 18,999. However, to correct clerical errors subsequently discovered in the tabulation of those density numbers in Ordinance No. 6309, the Anaheim City Council adopted its Ordinance No. 6319 on April 7, 2015. Ordinance No. 6319 had the effect of establishing (1) the maximum square footage for commercial uses within the Katella District as 658,043 square feet, (2) the maximum square footage for - 4 - PC2015-064 commercial uses within the PTMU Overlay Zone, as a whole, as 4,735,111, and (3) the maximum number of housing units within the PTMU Overlay Zone as 19,027; and WHEREAS, FSEIR No. 339, Addendum No. 1, Addendum No. 2 and Addendum No. 3 shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, due to the nature of the proposed Amendment No. 2, this Planning Commission finds and determines that (i) the CEQA Documents serve as the appropriate environmental documentation for said amendment to the Existing Development Agreement and satisfies all the requirements of CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual; (ii) "none of the conditions described in Section 15162 [of the CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred" in connection with the proposed Amendment No. 2; and (iii) no further environmental documentation need be prepared for said amendment to the Existing Development Agreement; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing, does find and determine that the proposed Amendment No. 2, in the form presented at this meeting, meets all the requirements set forth in Resolution No. 82R-565 (the "Procedures Resolution"), which was adopted by the City Council on November 23, 1982; that is: 1. The proposed Amendment No. 2 is consistent with the City's General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies, programs and objectives specified in the General Plan; 2. The proposed Amendment No. 2 is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district in which the Project is and will be located, and is consistent with the Platinum Triangle Mixed Use Overlay requirements; 3. The proposed Amendment No. 2 is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements the Platinum Triangle Mixed Use Overlay Zone requirements; 4. The proposed Amendment No. 2 is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim; and 5. The approval of proposed Amendment No. 2 constitutes a lawful, present exercise of the City's police power and authority under the Procedures Resolution. WHEREAS, the Planning Commission 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 Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. -5 - PC2015-064 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, pursuant to the above findings and based upon a thorough review of the CEQA Documents, the proposed Amendment No. 2, and the evidence received to date, does hereby recommend that the City Council approve and adopt Amendment No. 2, as described above. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon compliance with each and all of the conditions set forth in the Existing Development Agreement, as amended by Amendment No. 2. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 9, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures. ACTING CHAIRMAN, P ING COMMISSION Oli THS CITY OF ANA ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on September 9, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CALDWELL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of September, 2015. 111741/TJR SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2015-064