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RES-2017-017RESOLUTION NO.2 017 - 017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION, ALONG WITH MITIGATION MONITORING PLAN NO. 339, FOR PROPOSED AMENDMENTS TO THE GENERAL PLAN AND THE PLATINUM TRIANGLE MASTER LAND USE PLAN, AND FOR APPROVAL OF A NEW TENTATIVE TRACT MAP, CONDITIONAL USE PERMIT AND A DEVELOPMENT AGREEMENT WITH TRUMARK HOMES, LLC FOR THE TRUMARK HOMES PROJECT. (GENERAL PLAN AMENDMENT NO. 2015-00503) (DEVELOPMENT AGREEMENT NO. 2016-00004) (CONDITIONAL USE PERMIT NO. 2016-05877) (ZONING CODE AMENDMENT NO. 2015-00127) (MISCELLANEOUS CASE NO. 2016-00636) (TENTATIVE TRACT MAP NO. 17994) (DEV2014-00124) (1700 South Lewis Street) 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 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 (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 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 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 2 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, 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 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, 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 3 WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 17, 2012 ("Addendum No. I"), 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, Addendum No. 2 to FSEIR No. 339, dated December 18, 2012 (addendum No. 2), was prepared and considered by the City Council in connection with 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. 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 1005-1105 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, Addendum No. 4 to FSEIR No. 339, dated October 2015 ("Addendum No. 4"), was prepared and considered by the City Council in connection with proposed revisions to a master planned mixed-use project on a 43.1 -acre (approximate) property commonly known as 1404 East Katella Avenue to permit between 1,400 and 1,746 residential units, between 38,000 and 50,000 square feet of commercial uses, two public parks and a network of local streets (the "A -Town Project"). On October 6, 2015 the City Council adopted Ordinance No. 6344 to amend the Platinum Triangle Mixed Use Overlay Zone to (1) modify the requirement for ground floor commercial uses on Market Street, (2) clarify that ground floor commercial uses are required on Gene Autry Way east of Union Street, and (3) expand the size of the Gene Autry District from 33 acres to 43 acres as part of a revised project design for the "A -Town" Project located at State College Boulevard immediately north of Gene Autry Way; and 4 WHEREAS, Addendum No. 5 to FSEIR No. 339, dated May 2016 ("Addendum No. 5"), was prepared and considered by the City Council in connection with proposed revisions to a master planned mixed-use project on real property consisting of 17.5 acres (approximate) bounded by State College Boulevard on the east, Gene Autry Way on the north, and Artisan Court on the south to permit a development consisting of approximately 1,079 residential dwelling units inclusive of 12 live/work units, approximately, but not to exceed, 9,800 square feet of commercial uses, a public park, and a network of local streets (the "Jefferson at Stadium Park Project"). On June 14, 2016, 2016, the City Council approved and adopted Addendum No. 5 and approved the entitlements requested for the Jefferson at Stadium Park Project, consisting of General Plan Amendment No. 2015-00506, Miscellaneous Case No. 2015-00621, Tentative Parcel Map No. 2015-174 and Development Agreement No. 2015-00002. Thereafter, by the adoption of Ordinance No. 6373 on June 14, 2016, 2016, the City Council adopted Development Agreement No. 2015-00002 to provide for the development of the Jefferson at Stadium Park Project and certain vested development rights in connection therewith; and WHEREAS, Addendum No. 6 to FSEIR No. 339, dated October 2016 ("Addendum No. 6"), was prepared and considered by the City Council in connection with proposed revisions to a master planned mixed-use project on a 14.8 -acre (approximate) parcel commonly known as 2040 South State College Boulevard to permit a development consisting of a mixed-use project consisting of 405 residential units, 433,000 square feet of commercial uses, a 200 -room hotel, and 77,000 square feet of office space (the "LT Platinum Project"). On October 25, 2016, the City Council approved and adopted Addendum No. 6 and approved the entitlements requested for the LT Platinum Project, consisting of General Plan Amendment No. 2015-00504, Miscellaneous Case No. No. 2016-00631, Zoning Code Amendment No. 2015-00128, Conditional Use Permit No. 2015-05806, Tentative Tract Map No. 17918, and Development Agreement No. 2015-00001. By its approval of General Plan Amendment No. 2015-00504, the City Council revised Table LU -4 of the Land Use Element of the General Plan to modify the density provisions for properties within the Platinum Triangle area that were then designated for mixed-use land use, consisting of a reduction of the maximum number of dwelling units from 19,027 to 17,348 units, an increase in the maximum square feet of commercial space from 4,735,111 to 4,782,243, and a reduction of the maximum amount of office space from 9,652,747 to 9,180,747 square feet. The approval of General Plan Amendment No. 2015-00504 also operated to modify the Land Use Plan (Figure LU -4), Existing and Planned Bicycle Facilities (Figure C-5) and Green Plan (Figure G-5) of the Anaheim General Plan to remove the designation of a public park on the property to be developed with the LT Platinum Project. Thereafter, by the adoption of Ordinances Nos. 6386 and 6387 on October 25, 2016, the City Council adopted Zoning Code Amendment No. 2015-00128 to be consistent with General Plan Amendment No. 201-00504 and Development Agreement No. 2015-00001 to provide for the development of the LT Platinum Project and certain vested development rights in connection therewith; and WHEREAS, pursuant to Chapter 18.60 of the Zoning Code of the City of Anaheim, Trumark Homes LLC, a California limited liability company (the "Owner") has requested a series of actions to permit the construction of 153 single-family, attached condominium units (the "Project") for that certain real property commonly known as 1700 South Lewis Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and more particularly described in Exhibit B attached and 9 incorporated herein by this reference (the "Property"). To that end, the Owner has requested the following entitlements: 1. An amendment to the General Plan to designate the Property from the Office -Low land use designation to the Mixed -Use land use designation and to increase the total amount of residential development permitted in the Platinum Triangle Mixed -Use land use designation to 17,501 dwelling units and decrease the total amount of office development permitted in the Platinum Triangle Office -High and Office -Low land use designations to 4,309,486 ("General Plan Amendment No. 2015-00503 "); 2. Development Agreement No. 2016-00004, in the form presented at the meeting at which this Resolution was adopted, in order to provide for the development of the Project and certain vested development rights in connection therewith; 3. A Zoning Code Amendment to amend Chapter 18.20 of the Anaheim Municipal Code to reflect the addition of the "Lewis" Mixed Use Overlay Zone District and associated development standards ("Zoning Code Amendment No. 2015-00127"); 4. An amendment to the PTMLUP to amend the Platinum Triangle Master Land Use Plan to create the "Lewis" Mixed Use Overlay Zone District and reflect the change in development intensity described above ("Miscellaneous Case No. 2016-00636"); 5. A Conditional Use Permit to permit a 153 -unit attached single-family residential project with modified setbacks between buildings ("Conditional Use Permit No. 2016-05877'); and 6. Tentative Tract Map No. 17994 to subdivide the Project Site and create a 31 -lot, 153 - unit residential subdivision for condominium purposes, and which will also establish the alignment and configuration of internal private streets; and WHEREAS, General Plan Amendment No. 2015-00503, Development Agreement No. 2016-00004, Zoning Code Amendment No. 2015-00127, Miscellaneous Case No. 2016-00636, Conditional Use Permit No. 2016-05877, and Tentative Tract Map No. 17994 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 7.8 acres in size and is located in the "I" Industrial Zone. The Property is also located within the Platinum Triangle Mixed Use (PTMU) Overlay Zone, meaning that the regulations contained in Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the "Code") apply to the Property. The Property is designated on the Land Use Element of the General Plan for "Office - Low" land uses; and 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA rol Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency review on December 1, 2016 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 S. Anaheim Blvd., Anaheim, California. Copies of said document are also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 339"). A complete copy of MMP No. 339 is attached hereto as Exhibit C and incorporated herein by this reference; and WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 6, 2017, 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 the Code, considered the Mitigated Negative Declaration; heard and considered evidence for and against the Proposed Project and related actions, and investigated and make findings and recommendations in connection with the Planning Commission's adoption of its Resolution No. PC2017-003; and WHEREAS, upon receipt of Planning Commission Resolution No. PC2017-003, a summary of evidence, a report of the findings and recommendations of the Planning Commission, the City Council did fix February 7, 2017, as the time and the City Council Chamber in the Civic Center as the place, for a public hearing on the Proposed Project and based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 339 and the comments received to date and the responses prepared, the City Council does find and determine as follows: 7 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 339, serves as the appropriate environmental documentation for the Proposed Project; 2. That the City Council has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project; and 3. Based upon the record before it (including the Initial Study and any comments received), the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 339 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. 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 presentations, 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 the Mitigated Negative Declaration and the evidence received to date, (including the Initial Study and any comments received during the public review period) and find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 339, serves as the appropriate environmental documentation for the Proposed Project. 2. Based upon the record before it (including the Initial Study and any comments received), that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 339 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. 3. That the City Council hereby approves and adopts the Mitigated Negative Declaration and MMP No. 339 for the Proposed Project. 4. That the City Council hereby authorizes and directs City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State CEQA Guidelines. N. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7 thday of February , 2017, by the following roll call vote: AYES: Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: Mayor Tait ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 120660v5/LHM 6 CITY OF ANAHEIM MA OR OF TA CITY OF ANAHEIM EXHIBIT "A" DEV NO. 2014-00124 APN: 082-261-22 E HOWELL AVE h 15' 918' In M W J 606' E-MASON•L•N - co ED z J cO C Ui CG UiN 00 so 0o Source: Recorded Tract Maps and/or City GIS. vPlease note the accuracy is +/- two to five feet. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-017 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of February, 2017, by the following vote of the members thereof: AYES: Mayor Pro Tem Vanderbilt and Council Members Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: Mayor Tait ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of February, 2017. (SEAL)