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Resolution-PC 2019-029RESOLUTION NO. PC2019-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT FOR DEVELOPMENT AREA 'H' OF THE MASTER SITE PLAN APPROVED IN CONNECTION WITH THAT CERTAIN AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2005-00008C, AND MAKING FINDINGS IN CONNECTION THEREWITH (CONDITIONAL USE PERMIT NO. 2019-06003) (DEV2018-00034) 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 - I - PC2019-029 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, public park space - 2 - PC2019-029 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. The Property is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; 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 - PC2019-029 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. V); 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 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 - 4 - PC2019-029 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, 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 the Existing Entitlements for 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 - 5 - PC2019-029 WHEREAS, the Developer's request for an amendment to Amendment No. 1 of the Original Development Agreement to correspond with the changes to the Existing Entitlements was approved by the City Council on October 20, 2015. Accordingly, on or about October 27, 2015, the City and Developer entered into that certain Amended and Restated Development Agreement No. 2005-00008, which was recorded in the Official Records on November 13, 2015 as Instrument No. 2015000586936 ("Amended and Restated Development Agreement"); and WHEREAS, the Developer's request for an amendment to the Amended and Restated Development Agreement to amend the Exhibit "G" Term Extension Milestones relative to the timing and completion of residential units within the 5 -year and 7.5 -year anniversary periods was approved by the City Council on June 12, 2018. Accordingly, on or about June 21, 2018, the City and Developer entered into that certain Amendment No. 1 to the Amended and Restated Development Agreement, which was recorded in the Official Records on May 3, 2019 as Instrument No. 2019000148064("Amendment No. 1 to the Amended and Restated Development Agreement"); and WHEREAS, the Original Development Agreement, Amendment No. 1, Amended and Restated Development Agreement, and Amendment No.l to the Amended and Restated Development Agreement shall be referred to herein collectively as the "Existing Development Agreement"; and WHEREAS, the Existing Development Agreement, the Original Development Approvals, General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015-00598, Zoning Code Amendment No. 2013-00112, Amended and Restated Development Agreement No. 2005- 00008C, the Master Site Plan, and Tentative Tract Map No. 17703, shall be referred to herein collectively as the "Existing Entitlements"; and WHEREAS, Addendum No. 5 to FSEIR No. 339, dated June 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 a 17.5 -acre (approximate) property located at the southwest corner of State College Boulevard and Gene Autry Way to permit 1,079 residential units, including 12 live/work units; 14,600 square feet of commercial space; a 1.1 -acre public park; and, local streets (the "Jefferson Stadium Park Project"). On June 21, 2016 the City Council adopted Ordinance No. 6373 to approve a Development Agreement between the City of Anaheim and Jefferson at Stadium Park, L.P. to develop the Jefferson Stadium Park Project with a (1) General Plan Amendment to amend the Land Use, Green and Circulation Elements of the General Plan to reflect the relocation of the proposed public park and proposed street alignment, (2) amendment to the Platinum Triangle Master Land Use Plan (PTMLUP) to reconfigure internal streets, reflect the relocation of a proposed park, and designate areas currently assigned for park use for mixed-use development, and (3) a tentative parcel map to subdivide the site into three numbered lots that correspond with the proposed buildings and one lettered lot for the proposed park. The tentative parcel map also establishes the new alignment and configuration of internal public streets and a public park to be dedicated to the City of Anaheim; and - 6 - PC2019-029 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 a proposed master planned mixed-use project on a 14.8 -acre (approximate) property located at the northeast corner of State College Boulevard and Orangewood Avenue to permit 405 residential units; 77,000 square feet of office; and 583,000 square feet of commercial uses including a 200 -room hotel (the "LT Platinum Center Project"). On October 25, 2016 the City Council adopted Ordinance No. 6387 to approve a Development Agreement between the City of Anaheim and LTG Platinum LLC, to develop the LT Platinum Center Project with a (1) General Plan Amendment to revise Table LU - 4, General Plan Density Provisions for Specific Areas of the City, to modify the density provisions for properties within the Platinum Triangle area that are designated for mixed-use land use, to reduce the maximum number of dwelling units from 19,027 to 17,348 units; to increase the maximum square feet of commercial space from 4,735,111 to 4,782,243; and, to reduce the maximum of amount of office space from 9,652,747 to 9,180,747 square feet. In addition, modifications to 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 are required in order to remove the designation of a public park on the project site, (2) amendment to the Platinum Triangle Master Land Use Plan (PTMLUP) to revise the district boundaries for the Stadium and Gateway Districts; allow a reduction, conversion and transfer of unused development intensity from the Gateway, Gene Autry, Katella, and Orangewood Districts to the Stadium District; revise development intensities consistent with the transfers and reductions described above, and modify the park and street locations consistent with the proposed project, (3) a conditional use permit to allow the sale of alcoholic beverages at various venues within the LT Platinum project; (4) a tentative tract map to subdivide the project site into two parcels that correspond to the two Development Areas shown on the proposed Master Site Plan for the project; and WHEREAS, Addendum No. 7 to FSEIR No. 339, dated March 2017 ("Addendum No. 7") was prepared and considered by the City Council in connection with the Gene Autry Way and State College Boulevard Improvement Projects to widen Gene Autry Way from four lanes to six lanes with medians and storm drain and stormwater improvements; widen the west side of State College Boulevard between Gateway Office and Artisan Court to accommodate a southbound right -turn lane and a third through- lane; make improvements to the east side of the intersection of State College Boulevard at Gene Autry Way, which is the west entrance to Angel Stadium of Anaheim; and construct a new intersection on Gene Autry Way at Union Street to provide access to planned development areas; and WHEREAS, Addendum No. 8 to FSEIR No. 339, dated April 10, 2018, ("Addendum No. 8") was prepared and considered by the City Council in connection with the Platinum Triangle Expansion Project which included roadway improvements specified in the Platinum Triangle Implementation Plan (PTIP). The Approved Project included the widening of Orangewood Avenue from a four -lane divided primary arterial to a six -lane divided primary arterial between State College Boulevard and State Route 57 (SR -57). It also included an extension of the Class II Bikeway on Orangewood Avenue from east of State College Boulevard to the eastern City limit (via West Dupont Drive and private properties); and WHEREAS, Section 18.20.200 (Implementation) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code requires Final Site Plans to be reviewed and approved by the Planning Commission at a noticed public hearing to ensure conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan prior to issuance of building permits; and - 7 - PC2019-029 WHEREAS, the Planning Commission of the City of Anaheim did receive a verified petition for Conditional Use Permit No. 2019-06003 to modify development standards for building setbacks that are less than the minimum width required by the Zoning Code at the premises located at the northwest corner of Gene Autry Way and Union Street in Development Area H of the Lennar A -Town development in the Platinum Triangle in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, in connection with Conditional Use Permit No. 2019-06003, and environmental checklist review was prepared in order to determine whether any significant environmental impacts which were not identified in the previously -approved FSEIR No. 339 Addendum No. 4 would result or whether previously identified significant impacts would be substantially more severe. The analysis in the environmental checklist review did not identify any changes in circumstances involving Conditional Use Permit No. 2019-06003; therefore, Conditional Use Permit No. 2019-06003 would not result in new impacts or impacts of greater severity than those previously identified in SEIR No. 339. No new information of substantial importance is available now which was not known and could not have been known with the exercise of reasonable diligence at the time of the certification of SEIR No. 339. No new mitigation measures or alternatives that were previously determined to be infeasible are now feasible. Therefore, no new impacts on human beings would occur because of the Conditional Use Permit No. 2019-06003, and the level of impact would not increase from that identified in SEIR No. 339. FSEIR No. 339, and Addenda, together with Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339, and Mitigation Monitoring Plan No. 321 for the Existing Entitlements 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 Existing Entitlements and shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, on May 29, 2019, 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 for and against proposed Conditional Use Permit No. 2019-06003 and to investigate and make findings in connection therewith; 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 Planning Commission has found and determined and has recommended that the City Council so find and determine 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 Conditional Use Permit No. 2019-06003 and the Existing Entitlements and, together with Mitigation Monitoring Program No. 321 for the Existing Entitlements, should be approved and adopted; and - 8 - PC2019-029 3. That no further environmental documentation needs to be prepared under CEQA for Conditional Use Permit No. 2019-06003. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit Conditional Use Permit No. 2019-06003 on the Property does find and determine the following facts: 1. The proposed request to permit Conditional Use Permit No. 2019-06003 is an allowable use within the "PTMU " Platinum Triangle Mixed -Use Overlay Zone under subsection .060 of Section 18.20.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed -Use Overlay Zone) of the Code, subject to a conditional use permit and the zoning and development standards of the "PTMU" Platinum Triangle Mixed -Use Overlay Zone; and 2. The proposed request to permit Conditional Use Permit No. 2019-06003 would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because Conditional Use Permit No. 2019-06003 will continue to further the vision of the Platinum Triangle by contributing to a an overall urban design framework ensuring that the appearance and effects of buildings, improvements, and uses are harmonious with the character of the area in which they are located; and 3. The size and shape of the site is adequate to allow the full development of Conditional Use Permit No. 2019-06003 in a manner not detrimental to either the particular area or health and safety because the site will accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. Additionally, the plans indicate that there is a minimum of 40% of landscaping between all building separations, including those proposed with a reduced separation as required by Code; and 4. The traffic generated by Conditional Use Permit No. 2019-06003 will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the anticipated volumes of traffic on the surrounding streets will not be increased beyond what was analyzed and approved in FSEIR No. 339 and Addenda and what was approved in the Existing Entitlements; and 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because Conditional Use Permit No. 2019-06003 would further the objectives of the Platinum Triangle Mixed Use Overlay Zone, subject to compliance with the conditions contained herein. 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. - 9 - PC2019-029 NOW, THEREFORE, BE IT RESOLVED, pursuant to the above findings and based upon a thorough review of proposed Conditional Use Permit No. 2019-06003, Addendum No. 4, the other CEQA Documents, and the evidence received to date, does hereby approve and recommends that the City Council approve Conditional Use Permit No. 2019-06003, in the form presented at the meeting at which this Resolution was adopted, contingent upon and subject to the approval of (1) Final Site Plan No. 2018-00004, now pending, (2) the mitigation measures set forth in Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339 and Mitigation Monitoring Plan No. 321; and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. 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 a separate resolution of this Planning Commission adopted 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 was adopted at the Planning Commission meeting of May 29, 2019. C/"/,- - C A ERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: AZe r -- SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -10- PC2019-029 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 May 29, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: KEYS, LIEBERMAN, MEEKS NOES: COMMISSIONERS: MULLEADY, WHITE ABSENT: COMMISSIONERS: ARMSTRONG, VADODARIA IN WITNESS WHEREOF, I have hereunto set my hand this 29"' day of May, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 11 - PC2019-029 EXHIBIT "A" ©EV NO. 2018-00034 2 E PAVK SI en F MERIDIAN ST GENE AUTR) E GENE AUTRY WAY Source, Recorded Tract Maps and/or Cgty GIS Please note the accuracy is two to five Leet. - 12 - PC2019-029 EXHIBIT "B" CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2019-06003 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO GRADING PLANAPPROVAL 1 Condition Numbers 35 and 36 of PC2015-069 for the original approval Public Works, of the A -Town Master Site Plan shall apply to this permit. Development Services Division PRIOR TO ISSUANCE OF GRADING PERMITS 2 The developer/owner shall submit a set of improvement plans for Public Public Utilities, Utilities Water Engineering review and approval in determining the Water Engineering conditions necessary for providing water service to the project. 3 Condition Numbers 37 through 40 of PC2015-069 for the original Public Works, approval of the A -Town Master Site Plan shall apply to this permit. Development Services Division 4 Prepare and submit a final grading plan showing building footprints, pad Public Works, elevations, finished grades, drainage routes, retaining walls, erosion Development Services control, slope easements and other pertinent information in accordance Division with Anaheim Municipal Code and the California Building Code, latest edition. 5 Prepare and submit a final drainage study, including supporting hydraulic Public Works, and hydrological data to the City of Anaheim for review and approval. Development Services The study shall confirm or recommend changes to the City's adopted Division Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 6 All required plans and studies shall be prepared by a Registered Public Works, Professional Engineer. Development Services Division 7 The owner shall obtain the required coverage under California's General Public Works, Permit for Stormwater Discharges associated with Construction Activity Development Services by providing a copy of the Notice of Intent (NOI) submitted to the State Division Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. 8 The owner shall prepare a Stormwater Pollution Prevention Plan Public Works, (SWPPP). The SWPPP shall be kept at the project site and be available Development Services for Public Works Development Services Division review upon request. Division -13- PC2019-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Submit Water Quality Management Plan (WQMP) to the City for review Public Works, and approval. The WQMP shall be consistent with the requirements of Development Services Section 7 and Exhibit TH of the Orange County Drainage Area Division Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. Submit three (3) copies and a plan checking deposit to the Public Works/Development Services for consideration and approval. 10 Submit a Preliminary Geotechnical Report to the Public Works Public Works, Development Services Division for review and approval. The report shall Development Services address any proposed infiltration features of the WQMP. Division PRIOR TO ISSUANCE OF BUILDING PERMITS 11 Condition Numbers 42 through 64 and 66 through 86 of PC2015-069 for Various City the original approval of the A -Town Master Site Plan shall apply to this Departments permit. 12 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to Electrical Engineering establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 13 A private water system with separate water service for fire protection, Public Utilities, domestic water, and irrigation shall be provided and shown on plans Water Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 14 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- Public Utilities, 537.5) as amended by Senate Bill 7, water submetering shall be furnished Water Engineering and installed by the Owner/Developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter billing) of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 15 All backflow equipment shall be located above ground outside of the Public Utilities, street setback area in a manner fully screened from all public streets and Water Engineering alleys. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. -14- PC2019-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 16 All requests for new water services, backflow equipment, or fire lines, as Public Utilities, well as any modifications, relocations, or abandonments of existing water Water Engineering services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 17 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) Public Utilities, an easement for all large domestic above -ground water meters and fire Water Engineering hydrants, including a five (5) -foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 18 The developer/owner shall submit a water system master plan, including Public Utilities, a hydraulic distribution network analysis, for Public Utilities Water Water Engineering Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 19 The developer/owner shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate Water Engineering and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 20 Water improvement plans shall be submitted to the Water Engineering Public Utilities, Division for approval and a performance bond in the amount approved Water Engineering by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. - 15 - PC2019-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 Individual water service and/or fire line connections will be required for Public Utilities, each parcel or residential, commercial, industrial unit per Rule 18 of the Water Engineering City of Anaheim's Water Rates, Rules and Regulations. 22 Applicant shall contact Water Engineering for recycled water system Public Utilities, requirements and specific water conservation measures to be Water Engineering incorporated into the building and landscape construction plans. 23 Prior to the issuance of a building permit, the applicant shall submit draft Public Works, Covenants Conditions and Restrictions (CC&Rs) that are prepared by an authorized professional for review and approval by the City Engineer, Traffic Engineering Planning Director, and City Attorney, which will generally provide for the following: a) A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. b) A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. c) A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. d) A provision that the City is a third -party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs relative to common area and utility maintenance, Water Quality Management Plan, and internal parking. 24 A Parking Management Plan detailing the use of the on -street parking for Public Works, the project shall be submitted for review by the Traffic and Traffic Engineering Transportation Manager. Building permits may not be issued until the Parking Management Plan has been approved. 25 Provide a certificate, from a Registered Civil Engineer, certifying that the Public Works, finished grading has been completed in accordance with the City Development Services approved grading plan. Division 26 The property owner shall dedicate to the City of Anaheim a 5 -ft public Public Works, sidewalk easement across A -Drive at Westside Drive. Development Services Division 27 A Right of Way Construction Permit shall be obtained from the Public Works, Development Services Division for all work performed in the public Development Services right-of-way. Division -16- PC2019-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 28 All Landscape plans shall comply with the City of Anaheim adopted Public Works, Landscape Water Efficiency Guidelines. This ordinance complies with Development Services the State of California Model Water Efficient Landscape Ordinance (AV Division 1881). 29 The developer shall execute a maintenance covenant with the City of Public Works, Anaheim in a form that is approved by the City Engineer and the City Development Services attorney for the private improvements including but not limited to private Division utilities, drainage devices, parkway landscaping and irrigation, private street lights, etc. in addition to maintenance requirements established in the Water Quality Management Plan (WQMP) as applicable to the project. The covenant shall be recorded. 30 The Developer shall submit an abandonment application for Meridian Public Works, Street, Park Street, Metro Drive and portions of Union Street and Development Services Westside drive to the City for review and approval. Limits as determined Division by the City Engineer shall be finalized during the abandonment process. The City will reserve a public utility, pedestrian and vehicle access easement across the abandoned streets. 31 All onsite drives shall be private, owned and maintained by the Home Public Works, Owner's Association. A solid waste and emergency vehicle access Development Services easement shall be dedicated across the private drives. Division 32 On-site Sewer and Storm Drain shall be private, owned and maintained Public Works, by the Home Owner's Association. Development Services Division 33 The developer shall construct sidewalk on Gene Autry Way, per the Public Works, platinum triangle standards, along the project's frontage and join the Development Services sidewalk constructed by the Gene Autry improvement City project Division including the Midblock ADA ramps and striping. The developer shall submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements prior to the issuance of the right of way construction permit. PRIOR TO FIRST FINAL BUILDING AND ZONING INSPECTION FOR EACH FINAL SITE PLAN 34 Condition Numbers 87 through 99 of PC2015-069 for the original Various City approval of the A -Town Master Site Plan shall apply to this permit. Departments 35 Prior to connection of electrical service, the legal owner shall provide to Public Utilities, the City of Anaheim a Public Utilities easement with dimensions as Electrical Engineering shown on the approved utility service plan. 36 Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering -17- PC2019-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 37 Owner shall install an approved backflow prevention assembly on the Public Utilities, water service connection(s) serving the property, behind property line Water Engineering and building setback in accordance with Public Utilities Department Water Engineering Division requirements. 38 All public improvements shall be constructed by the developer, inspected Public Works, and accepted by Construction Services prior to final building and zoning Development Services inspection. Division 39 All remaining fees/deposits required by Public Works department must Public Works, be paid in full. Development Services Division 40 Set all Monuments in accordance with the final map and submit all Public Works, centerline ties to Public Works Department. Any monuments damaged Development Services as a result of construction shall be reset to the satisfaction of the City Division Engineer. ONGOING D URING PROJECT CONSTR UCTION 41 Condition Numbers 100 and 101 of PC2015-069 for the original approval Community Services of the A -Town Master Site Plan shall apply to this permit. Department, and Fire Department ONGOING D URING PROJECT OPERATION 42 The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right-of-way, public Water Engineering utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. PRIOR TO ISSUANCE OF FINAL BUILDING AND ZONING PERMIT 43 Condition Numbers 106 through 109 of PC2015-069 for the original Community Services approval of the A -Town Master Site Plan shall apply to this permit. Department, and Public Utilities, Electrical Engineering Division 44 Approval from the City Council is required to vacate the public streets Public Works, and finalize the privatization of these streets as depicted in the Final Site Development Services Plan exhibits. Division 45 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works, parking in the drive aisles. Red curb locations shall be clearly labeled on Traffic Engineering building plans. -18- PC2019-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 46 Prior to final building and zoning inspection, fire lanes shall be posted Public Works, with "No Parking Any Time." Said information shall be specifically Traffic Engineering shown on plans submitted for building permits. 47 A Solid Waste Management Plan shall be filed with CR&R's for project. Public Works, Streets and Sanitation GENERAL 48 Condition Numbers 111 through 128 of PC2015-069 for the original Various City approval of the A -Town Master Site Plan shall apply to this permit. Departments 49 In accordance with the letter dated January 25, 2019 from Jackson Tidus Planning and Building Law Corporation, representing the property owner and developer, the Department, total number of dwelling units for the entirety of the A -Town Master Site Planning Services Plan may be no fewer than 1,400 as approved by City Council and recorded in the Development Agreement. 50 All conditions of approval and mitigations measures approved in Planning and Building conjunction with the Development Agreements for the Master Site Plan Department, for the A -Town Development shall apply to this Final Site Plan approval. Planning Services 51 A minimum of two connections to public water mains and water looping Public Utilities, inside the project are required. Water Engineering 52 The following minimum clearances shall be provided around all new and Public Utilities, existing public water facilities (e.g. water mains, fire hydrants, service Water Engineering laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 53 No public water main or public water facilities shall be installed in Public Utilities, private alleys or paseo areas. Water Engineering 54 No public water mains or laterals shall be installed under parking stalls, Public Utilities, parking lots, or driveways. Water Engineering 55 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities, meter, Hersey Residential Fire Meter with Translator Register, no equals. Water Engineering 56 The property owner developer shall be responsible for compliance with Planning and Building and any direct costs associated with the monitoring and reporting of all Department, mitigation measures set forth in the attached Mitigation Monitoring Plan Planning Services (MMP) No. 321, established by the City of Anaheim as required by Division Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures within the timeframes identified in the measure. MMP No. 321 is made a part of these conditions of approval by reference. _19- PC2019-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 57 Signage shall be consistent with Section 18.20.150 (Signs) of the Planning and Building Platinum Triangle Mixed Use (PTMU) Overlay Zone. Department, Planning Services Division 58 The applicant/property owner/developer shall provide notices to all Planning and Building contractors, employees, and workers during construction of the subject Department, property that parking is only permitted on property under control of the Planning Services subject property owner and public streets, and that no parking is allowed Division on adjacent private properties. The notice shall also include that vehicles parked on adjacent private properties will be subject to towing and removal. 59 The applicant shall pay all applicable fees as required by the Anaheim Public Works, Municipal Code. Development Services Division 60 The project is expressly conditioned upon the applicants' indemnifying Planning and Building and holding harmless the City, its agents, officers, council members, Department / employees, boards, commissions and their members and the City Council City Attorney's Office from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul any approval of the application or related decision, or the adoption of any environmental documents which relates to the approval of the Proposed Actions. This indemnification shall include, but is not limited to, all reasonable damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party, and costs of suit, attorneys' fees, and other costs, liabilities and expenses arising out of or in connection with the approval of the application or related decision, whether or not there is concurrent, or passive negligence on the part of the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council. The property owner/developer shall have the right to select legal counsel. The City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and the applicant shall reimburse the City for any costs and expenses reasonably incurred by the City in the course of the defense. No later than 30 (thirty) days following the City Council's adoption of the Ordinance adopting Development Agreement No. 2005-00008, the legal property owner shall provide a letter to the City satisfactory to the City Attorney's Office memorializing the foregoing. -20- PC2019-029