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Resolution-PC2026-004RESOLUTION NO. PC2026-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A MINOR DEVIATION FOR EXTERIOR SOUND ATTENUATION FOR OUTDOOR COMMON RECREATIONAL AREAS AND DETERMINING THAT THE PREVIOUSLY -CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT NO. 339, ADDENDA NO. 11 AND ADDENDA NO. 13 SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2025-00019) (1400 — 1600 SOUTH DOUGLASS ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified application from Anaheim Real Estate Partners, LLC for the approval of Development Project No. 2025-00019 (the "Proposed Project") on certain real property located at 1400 — 1600 South Douglass Road in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 25 acres in size in the Arena District of the Platinum Triangle Master Land Use Plan. The development standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the "Code") applies to the Proposed Project. The Property is designated on the Land Use Element of the General Plan for Mixed -Use Urban Core land uses; and WHEREAS, on September 27, 2022 and October 4, 2022, the City Council approved Addendum No. 11 to the Revised Platinum Triangle Expansion Project Subsequent Environmental Impact Report No. 339 (FSEIR No. 339) associated with the OCVIBE Mixed Use Project, including General Plan Amendment No. 2020-00532; Miscellaneous Case No. 2020-00739; Reclassification No. 2020-00333; Zoning Code Amendment No. 2020-00174; Development Agreement No. 2020-00004 including Master Site Plan (Miscellaneous Case No. 2020-00751), a request for Density Bonus and Development Incentives, and Deviation from Engineering Standard Details; Final Site Plan No. 2020-00004; Final Site Plan No. 2020-00005; Final Site Plan No. 2020-00006; Final Site Plan No. 2020-00007; Final Site Plan No. 2020-00008; Conditional Use Permit No. 2010-05492 Amendment; Conditional Use Permit; Minor Conditional Use Permit; and Tentative Tract Map No. 19153, including Street Name Change; and WHEREAS, on October 29, 2024 and November 13, 2024, the City Council approved Addendum No. 13 (Development Project No. 2023-00050) to FSEIR No. 339 associated with Amendment No. 1 to the OCVIBE Master Site Plan, including a General Plan Amendment, a Bicycle Master Plan amendment, a Platinum Triangle Master Land Use Plan amendment, a Master Site Plan amendment, a Zoning Code amendment, an Amended and Restated Development Agreement No. 2020-00004, a Conditional Use Permit amendment, and a Minor Conditional Use Permit amendment; and WHEREAS, the Proposed Project will demolish two existing office buildings, associated site improvements, and a surface parking lot to construct two multiple -family residential buildings with a total of 530 residential dwelling units and a new Neighborhood Park. The Proposed Project includes the following land use entitlements: 1. A Final Site Plan for an area that encompasses approximately 9.16 acres of the 25- acre Property in the Arena District adjacent to Stanley Cup Way and River Road, to construct two multiple -family residential buildings with a total of 530 for -rent residential dwelling units and a new Neighborhood Park. 2. A Minor Amendment to the OCVIBE Master Site Plan (MIS2020-00751) to reflect the changes in the Proposed Project. 3. A Minor Conditional Use Permit amendment to modify the OCVIBE Mural Plan to change the location and size of five previously approved murals. 4. Tentative Tract Map No. 19395 for an 11-lot subdivision. 5. A Minor Deviation for exterior sound attenuation for outdoor common recreational areas; and WHEREAS, Section 18.40.090 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General Development Standards) of the Anaheim Municipal Code requires Minor Deviations for exterior noise within common recreational areas in multiple -family projects to be reviewed and approved by the Planning Commission at a noticed public hearing; 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 Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2025, at 5:00 p.m., with notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation in connection therewith. The Planning Commission continued the public hearing to January 12, 2026, at 5:00 p.m.; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2026, at 5:00 p.m., to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation in connection therewith; and WHEREAS, the Planning Commission finds and determines that previously -certified FSEIR No. 339 and its Addenda, including Addendum No, 11, Addendum No. 13, and Mitigation - 2 - PC2026-004 Monitoring Plan No. 383 (MMP No. 383), prepared for the OCVIBE Mixed -Use Project in compliance with the requirements of CEQA and the State CEQA Guidelines; and Mitigation Monitoring and Reporting Program No. 106C (MMP No. 106C); and other previously -approved environmental documents for development in the Platinum Triangle area, serve as the appropriate environmental documentation in connection with the Proposed Project (collectively the "CEQA Documents"); that the approved mitigation measures continue to be appropriate for the project; that no further environmental documentation needs to be prepared under CEQA for the Proposed Project; and WHEREAS, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred, specifically: 1. There have not been any substantial changes in the Proposed Project that require major revisions of the CEQA Documents because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 2. There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of the CEQA Documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time FSEIR No. 339 was certified as complete or the other CEQA Documents were adopted, that shows any of the following: (a) the Proposed Project will have one or more significant effects not discussed in FSEIR No. 339 or the other CEQA Documents; (b) significant effects previously examined will be substantially more severe than shown in FSEIR No. 339 or the other CEQA Documents; (c) mitigation measures or alternatives previously found not to be feasible will, in fact, be feasible and will substantially reduce one or more significant effects of the Proposed Project, but the Owner declines to adopt the mitigation measures or alternatives; or (d) mitigation measures or alternatives which are considerably different from those analyzed in FSEIR No. 339 or the other CEQA Documents will substantially reduce one or more significant effects on the environment, but the Owner decline to adopt the mitigation measures or alternatives; and 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 for a Minor Deviation for exterior sound attenuation for outdoor common recreational areas, does find and determine the following facts: 1. The deviation from prescribed levels pertains to an outdoor recreational amenity with a passive open lawn area and does not pertain to interior noise levels. 2. Noise levels are expected to reach 70 dB CNEL at the closest point to River Road in the proposed outdoor recreational amenity and will not exceed the five (5) dB CNEL above the prescribed levels for exterior noise of 65 dB CNEL. - 3 - PC2026-004 3. The measure to attenuate noise to the prescribed levels will require the placement of a 6.5-foot-tall solid masonry wall spanning the length of the recreational amenity area adjacent to River Road which will compromise the goals and objectives of the PTMU Overlay Zone and also impact the aesthetic value of the project. 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 negate 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. NOW, THEREFORE, BE IT RESOLVED, pursuant to the above findings, the Planning Commission does hereby approve a Minor Deviation for exterior sound attenuation for outdoor common recreational areas, in the form presented at the meeting, contingent upon and subject to (1) the adoption of resolutions to approve the Final Site Plan for Residential Phase I and a Minor Amendment to the OCVIBE Master Site Plan; a Minor Conditional Use Permit amendment to modify the OCVIBE Mural Plan to change the location and size of five previously approved murals; Tentative Tract Map No. 19395 for an 11-lot subdivision; and (2) 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 hereinabove set forth. 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 January 12, 2026. 17 _ CHAIItMRSON, PLANNG COMMISSION OF THE CITY OF ANAH IM 7;5/Z E TARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2026-004 EXHIBIT "A" PROPERTY APN: 253-521-56, 253-521-69 through 253-521-71 - 5 - PC2026-004 EXHIBIT "B" CONDITIONS OF APPROVAL NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS The Applicant shall defend, indemnify, and hold harmless the Planning and City and its officials, officers, employees and agents Building (collectively referred to individually and collectively as Department, "Indemnitees") from any and all claims, actions or Planning Services proceedings brought against Indemnitees to attack, review, set Division aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. - 6 - PC2026-004 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Angeli Penalba, 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 January 12, 2026, by the following vote of the members thereof: AYES: Chairperson Walker, Commissioners Abdulrahman, Castro, Kelly, Lieberman, Perez, and Tran-Martin. NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of January 2026. SEC Y, PLA ING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC2026-004