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RES-2015-267RESOLUTION NO. 2015-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING AN AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN. (MISCELLANEOUS CASE NO. 2015-00598) (DEV2013-00034A) 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 Regional Transportation Intermodal Center ("ARTIC"), 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 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 Angel Stadium and the Stadium Gateway Office Building were either developed or 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 (known as "General Plan Amendment No. 2004-00419") 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 aforementioned 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 those 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"), adopted 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 conjunction with its consideration and approval of General Plan Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089 and Zoning Code Amendment No. 2004-00036, 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, also on October 25, 2005 and in response to the application of Lennar Platinum Triangle, LLC ("Original Developer"), 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, the Robert Stovall Family Partnership, L.P. and Jennifer Leonard and Linda Gaffney, as tenants in common (collectively referred to herein, along with the Original Developer, as the "Original Owner") for entitlements allowing for the development 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, 14 public park space and associated infrastructure to be developed in four phases (the "Original Project") on 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"), the City Council determined that FSEIR No. 332, a revision to the Updated and Modified Mitigation Monitoring Program No. 106A to add new mitigation measure MM 5.10-7 thereto, and an Addendum to FSEIR No. 332, together with Mitigation Monitoring Plan No. 138, were, collectively, adequate to serve as the required environmental documentation for the Original Project and that no further environmental documentation needed to be prepared for the Original Project and the "Original Development Approvals" (as defined below) for the Original Project; and WHEREAS, the entitlements for the Original Project 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 PTMLUP to incorporate an approximately 10.4 -acre site into the Katella District of the PTMU Overlay Zone; (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 PTMU Overlay Zone, meaning that the provisions of the PTMU Overlay Zone shall apply to the Property in addition to and, where inconsistent therewith, shall supersede any regulations of the "I" Industrial 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) Development Agreement No. 2005-0008; and (7) Tentative Tract Map No. 16859 for condominium purposes (collectively, the "Original Development Approvals"); and WHEREAS, on October 25, 2005, the City Council approved the Original Development Approvals for the Original Project; thereafter, the City and the Original Owner entered into the Original Development Agreement on or about November 8, 2005, which was recorded in the Official Records of the County of Orange on December 13, 2005 as Instrument No. 2005000992876 (the "Original Development Agreement"); and WHEREAS, in reliance on the Original Development Approvals, the Original Developer constructed certain improvements on and about the Property in accordance with the design of Tract Map No. 16859; and WHEREAS, following the certification of FSEIR No. 332, the City Council approved two addenda 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 Impact 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 up to 10,266 residential units, 5,055,550 square feet of office uses, and 2,264,400 square feet of commercial uses; and 3 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, 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, the Developer's request for an amendment to the Original Development Agreement to extend the term for an initial period of five (5) years to an initial period of ten (10) years and for revisions to the "Term Extension Milestones" was approved by the City Council on December 16, 2008. Accordingly, on or about January 21, 2009, the City and 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"); and WHEREAS, the Original Development Agreement and Amendment No. 1 shall be referred to herein collectively as the "Existing Development Agreement"; and WHEREAS, the Existing Development Agreement and the Original Development Approvals shall be referred to herein collectively as the "Existing Entitlements"; 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 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 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 El 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 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; 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 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, subsequent to recordation of Amendment No. 1, fee title interest in the Property was transferred, and the Existing Development Agreement was assigned, to PT Metro, LLC, a Delaware limited liability company (hereinafter referred to as the "Owner"); and WHEREAS, the City of Anaheim received a verified petition from the Owner to approve a proposed amendment to the Platinum Triangle Master Land Use Plan to, among other things, reconfigure the location of the two public parks as well as the Property's circulation system, 5 street types and street -section design based on a new Master Site Plan for the "Revised Project" (as defined below), to reflect modified ground floor commercial/retail use locations within Development Areas B and C of the new Master Site Plan, and to delete Appendix F (A -Town Metro Public Realm Landscape and Identity Program) ("Miscellaneous Case No. 2015-00598"). Miscellaneous Case No. 2015-00598 is proposed in conjunction with the Owner's application for the following additional entitlements, which, together with Miscellaneous Case No. 2015-00598, are intended to modify the site design and product type of the Original Project, consisting of development of 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 gross floor area of commercial/retail development (except that Tentative Tract Map No. 17703 is not meant to replace that portion of Tract 16859 which is being re -subdivided by proposed Tentative Tract Map No. 17703 but which will be subject to the revised Master Site Plan) to replace the Existing Entitlements (the "Revised Project"): 1. An amendment to the General Plan to reflect the relocation of the public park ("General Plan Amendment No. 2013-00490"); 2. An amendment to the PTMU Overlay Zone to make the Zoning Code consistent with General Plan Amendment No. 2013-00490, as adopted ("Zoning Code Amendment No. 2013-00112") to modify the requirement for ground floor commercial uses on Market Street and to clarify that ground floor commercial uses are required on Gene Autry Way east of Union Street; 3. Tentative Tract Map No. 17703 for condominium purposes to re - subdivide approximately 36.7 acres of the project site (excludes a portion of Westside Drive and Development Area A of the proposed new Master Site Plan, formerly Development Areas J and 0 of the approved Master Site Plan or Lots 1 and 11 of Tract 16859) into lots which correspond with the Development Areas and recreation areas (Public Park and Public Linear Park) established by the proposed new Master Site Plan; 4. Amended and Restated Development Agreement No. 2005-00008C, in the form presented at the meeting at which this Resolution was adopted, to amend and restate the Existing Development Agreement in its entirety in order to provide for the development of the Project and certain vested development rights in connection therewith; and 5. A proposed new Master Site Plan for the Property to reconfigure the Revised Project's land use and circulation plan to provide flexible Development Areas, relocation of two public parks, and to revise the approved circulation system in order to provide an east-west/north-south grid street system to be compatible with existing market demands and economic conditions while still providing an urban development consistent with the goals, principles and design guidelines of the PTMLUP; and WHEREAS, the City of Anaheim has also received a verified petition from the Owner to approve proposed Final Site Plan No. 2014-00002 to construct a 400 -unit apartment project with rel a 6 -story parking structure in Development Area "A" of the proposed Master Site Plan (i.e., Lots 1 and 11 of Tract 16859); and WHEREAS, General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015- 00598, Zoning Code Amendment No. 2013-00112, Tentative Tract Map No. 17703, Amended and Restated Development Agreement No. 2005-00008C, the proposed new Master Site Plan, and Final,Site Plan No. 2014-00002 shall be referred to herein collectively as the "Proposed New Entitlements"; and WHEREAS, in connection with the Proposed New Entitlements, Addendum No. 4 to FSEIR No. 339, dated June 2015 ("Addendum No. 4"), 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 determine 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, Addendum No. 3 and Addendum No. 4, together with Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339, and Mitigation Monitoring Plan No. 321 for the Revised Project collectively constitute the environmental documentation under and pursuant to the California Environmental Quality Act of 1970, as amended ("CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "State CEQA Guidelines"), and the City's Local CEQA Procedure Manual relating to the Proposed New Entitlements and the Revised Project and shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, on September 9, 2015, 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. 4 and for and against the Proposed New Entitlements and the Revised Project and to investigate and make findings in connection therewith; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the Planning Commission considered all factors relating to the Proposed New Entitlements and the Revised Project, including Addendum No. 4, together with the other CEQA Documents, and did adopt its Resolution No. PC2015-065 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 (i) Addendum No. 4, 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 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 Project; and (iii) no further environmental documentation needs to be prepared under CEQA for the Proposed New Entitlements and the Revised Project; and 7 WHEREAS, by the adoption of its Resolution No. PC2015-067 on September 9, 2015, the Planning Commission recommended that the City Council approve and adopt proposed Miscellaneous Case No. 2015-00598 in the form presented at this hearing; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2015-065, PC2015-066, PC2015-067, PC2015-068, PC2015-069, PC2015-070 and PC2015-071, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 6t' day of October, 2015, 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 Project and for the purpose of considering Addendum No. 4, together with the other CEQA Documents, and did give notice thereof in the manner and as provided by law; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council has found and determined the following: 1. That Addendum No. 4 together with the other CEQA Documents collectively constitute the environmental documentation under and pursuant to CEQA relating to the Proposed New Entitlements and the Revised Project; and 2. That, pursuant to the findings contained in said concurrent resolution, the 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 Project and, together with Mitigation Monitoring Program No. 321 for the Revised Project, should be approved and adopted; and 3. That no further environmental documentation needs to be prepared under CEQA for the Proposed New Entitlements and the Revised Project. WHEREAS, the Property consists of 18 parcels currently designated for use as "Mixed Use and Open Space" on the land use map of the General Plan. These parcels are zoned "I" Industrial and are located within the Katella District and Gene Autry District of the Platinum Triangle Master Land Use Plan and, as such, are subject to and must comply with the land use intensities and the development standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Code; and WHEREAS, proposed Miscellaneous Case No. 2015-00598, in the form presented at the meeting at which this Resolution was adopted, would amend the Platinum Triangle Master Land Use Plan to make it consistent with General Plan Amendment No. 2013-00490, as adopted; and WHEREAS, 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 relating to the Proposed New Entitlements and the Revised Project, including Addendum No. 4, together with the other CEQA Documents, this City Council has heretofore E adopted its Resolution amending the General Plan by approving and adopting General Plan Amendment No. 2013-00490; and WHEREAS, in order to make the Platinum Triangle Master Land Use Plan consistent with General Plan Amendment No. 2013-00490, as adopted, this City Council desires to approve and adopt proposed Miscellaneous Case No. 2015-00598 in the form presented at the meeting at which this Resolution was adopted; and WHEREAS, this City Council, 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 as follows: 1. That the proposed amendments to the Platinum Triangle Master Land Use Plan in the form presented at this meeting are consistent with the goals and policies established for the development of the Platinum Triangle as set forth in the City of Anaheim General Plan, as amended by General Plan Amendment No. 2013-00490; 2. That the proposed amendments to the Platinum Triangle Master Land Use Plan in the form presented at this meeting are consistent with the goals and policies established for the Platinum Triangle Master Land Use Plan; 3. That the proposed amendments to the Platinum Triangle Master Land Use Plan in the form presented at this meeting will result in development of desirable character that will be compatible with existing and proposed development in the surrounding area; and 4. That the proposed amendments to the Platinum Triangle Master Land Use Plan in the form presented at this meeting respect environmental, aesthetic and historic resources consistent with economic realities. 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, based upon the aforesaid findings and determinations and based upon a thorough review of proposed Miscellaneous Case No. 2015- 00598, Addendum No. 4, the other CEQA Documents, and the evidence received to date, the City Council does, hereby approve and adopt Miscellaneous Case No. 2015-00598, in the form presented at the meeting at which this Resolution was adopted, contingent upon and subject to (1) the approval of the other Proposed New Entitlements, specifically General Plan Amendment No. 2013-00490, Zoning Code Amendment No. 2013-00112, Amended and Restated Development Agreement No. 2005-00008C, Tentative Tract Map No. 17703, the proposed new Master Site Plan, and Final Site Plan No. 2014-00002, now pending; and (2) the mitigation measures set forth in Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339 and Mitigation Monitoring Plan No. 321 for the Revised Project. BE IT FURTHER RESOLVED that the City Council 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 a separate resolution of this City Council adopted substantially concurrently with this Resolution relating to the proposed Amended and Restated Development Agreement No. 2005-00008C. 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 is approved and adopted by the City Council of the City of Anaheim this 6thday of pctoher_ , 2015, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray, Brandman and Vanderbilt NOES: None ABSENT: None ABSTAIN: Mayor Tait ATTES CITY CLERK OF THE CITY OF ANAHEIM 112352/TJR 10 CITY OF ANAHEIM MAYOR OF TH CITY OF ANAHEIM