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Resolution-PC 2010-105RESOLUTION NO. PC2010 -105 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING THAT THE ANAHEIM CITY COUNCIL CERTIFY FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2008 -00339 AND ADOPT WATER SUPPLY ASSESSMENT (MIS2008- 00284) FOR THE REVISED PLATINUM TRIANGLE EXPANSION PROJECT. WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the confluence of Interstate 5 and SR -57 Freeways in the City of Anaheim, County of Orange, State of California, generally east of Interstate 5 Freeway, west of the Santa Ana River channel and SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area. The Platinum Triangle encompasses the Angel Stadium of Anaheim, the Honda Center, the Grove of Anaheim, the Anaheim Amtrak/Metrolink Station, 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 Anaheim City Council (the "City Council ") has approved several actions relating to the area encompassed by the Platinum Triangle; and WHEREAS, on May 30, 1996, the Anaheim City Planning Commission (the "Planning Commission ") certified Final Environmental Impact Report No. 320 and adopted Area Development Plan No. 120 for that portion of the Stadium property associated with the Sportstown Development. Area Development Plan No. 120, which 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 of Anaheim, and the Stadium Gateway Office Building were developed/ renovated under this plan; and WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area Master Land Use Plan (MLUP). The boundaries for this MLUP were generally the same as those for the Platinum Triangle, with the exception that this MLUP included 15 acres adjacent to I -5 that are not a part of the current Platinum Triangle boundaries. As part of the approval process for the Anaheim Stadium Area MLUP, the City Council also certified Final Environmental Impact Report No. 321 and adopted Mitigation Monitoring Program No. 106. Development within the Anaheim Stadium Area was implemented through the Sports Entertainment (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 this 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 -1- PC2010 -105 General Plan Update changed the General Plan designations within the project area 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 intensity 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, which was prepared for the General Plan and Zoning Code Update and associated actions, analyzed the above developmentintensities on a citywide impact level and adopted mitigation monitoring programs, including an Updated and Modified Mitigation Monitoring Plan No. 106 for the Platinum Triangle; and WHEREAS, in order to provide the implementation tools necessary to realize the City's new vision for the Platinum Triangle, on August 17, 2004, the City Council replaced the Anaheim Stadium Area MLUP with the Platinum Triangle Master Land Use Plan (the "PTMLUP "), replaced the SE Overlay Zone with the Platinum Triangle Mixed Use (PTMU) Overlay Zone, approved the form of the Standardized Platinum Triangle Development Agreement and approved associated zoning reclassifications. Under these updated zoning regulations, property owners desiring to develop under the PTMU Overlay Zone provisions are required to enter into a standardized Development Agreement with the City of Anaheim; and WHEREAS, on October 25, 2005, the City Council adopted and certified the Final Subsequent Environmental Impact Report (FSEIR) No. 332 including Updated and Modified Mitigation Monitoring Plan No. 106A for the PTMLUP and associated actions, which utilized Final Environmental Impact Report No. 321 (adopted for the Anaheim Stadium MLUP, as discussed above) and Mitigation Monitoring Program No. 106. At the present time, Final Subsequent Environmental Impact Report No. 332 serves as the primary environmental document for subsequent land use actions within the Platinum Triangle, including necessary infrastructure improvements and all local discretionary approvals requested to implement the PTMLUP, consistent with Section 15162 of the State CEQA Guidelines. The General Plan Amendment associated with Final Subsequent Environmental Impact Report No. 332 increased the allowable development intensity 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, since the approval and certification of Final Subsequent Environmental Impact Report No. 332, the majority of the permitted development intensity on private properties analyzed by said SEIR has been either developed, is under construction or has been designated for development under approved Development Agreements. In addition, City Council has approved two addendums to Final Subsequent Environmental Impact Report 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 has also been approved to increase the allowable development intensity by an additional 699 residential units to bring the total allowable development intensity within the Platinum Triangle to up to 10,266 -2- PC2010 -105 residential units; 5,055,550 square feet of office uses; and 2,264,400 square feet of commercial uses; and WHEREAS, in order to increase the overall densities within the Platinum Triangle to accommodate market demands for increased densities, and to further the project objectives outlines above, on February 13, 2007, the City embarked upon a process to adopt a General Plan Amendment; amendments to the PTMLUP, PTMU Overlay Zone, and the Platinum Triangle Standardized Development; and related zoning reclassifications to increase the 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, as required by law, the City prepared an environmental impact report in connection with the Platinum Triangle Expansion Project. The Draft Subsequent Environmental Impact Report for the Platinum Triangle Expansion Project, DSEIR No. 334, and was first circulated for a 45 -day public review period from July 12, 2007 to August 27, 2007. On October 4, 2007, the City released the DSEIR No. 334 for an additional 45 -day public review. The recirculated DSEIR No. 334 contained minor revisions to the Project Description and additional traffic information based on comments received from the City of Orange and California Department of Transportation. Other minor revisions to the DSEIR were made based on other comments received on the previously circulated DSEIR No. 334. The recirculated FSEIR No. 334 was approved in December 2007 and reapproved in April 2008; and WHEREAS, following the approval of FSEIR No. 334, a lawsuit was filed challenging the adequacy of FSEIR No. 334. In consideration of the City's exemplary historical record in avoiding CEQA litigation and its commitment to proper environmental review, the City Council 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 project; and WHEREAS, on October 14, 2008, the City Council initiated (i) General Plan Amendment No. 2008 - 00471; (ii) Zoning Code Amendment No. 2008 - 00074; (iii) an amendment to the Platinum Triangle Master Land Use Plan and the Platinum Triangle Standardized Development Agreement Form (MIS2008- 00283); (iv) Reclassification No. 2008 - 00222; (v) Subsequent Environmental Impact Report No. 2008 - 00339; and (vi) Water Supply Assessment (MIS2008- 00234) pertaining to the Platinum Triangle (collectively referred to herein as the "Revised Platinum Triangle Expansion Project "); and WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the ARTIC project, as defined in the California Environmental Quality Act of 1970, as amended ( "CEQA ") and the State of California Guidelines for Implementation of the California Environmental Quality Act ( "CEQA Guidelines "); and -3- PC2010 -105 WHEREAS, the City submitted a Notice of Preparation ( "NOP ") for preparation of a Subsequent Environmental Impact Report ( "SEIR ") for the Revised Platinum Triangle Expansion Project on December 11, 2008 for a 30 -day review. The scoping period identified in the NOP was from December 11, 2008 until January 9, 2009; and WHEREAS, interested parties were invited to attend a public scoping meeting held on January 9, 2009, at Anaheim City Hall, City Council Chamber, 200 South Anaheim Boulevard, Anaheim, California 92805. The purpose of the scoping meeting was to provide members of the public with an opportunity to learn about the project, ask questions, and provide comments about the scope , . and content of the information addressed in the Draft SEIR; and WHEREAS, on October 13, 2010, the Draft SEIR (EIR2008- 00339) was sent to the State Clearinghouse, State and local agencies, special districts, public libraries and other known interested parties, and was made available to the general public, thereby commencing a 45 -day period, from October 13, 2010 until September 27, 2010, for public review and comment on the Draft SEIR in accordance with the requirements of CEQA and the CEQA Guidelines; and WHEREAS, in conformance with the requirements of CEQA and the CEQA Guidelines, the City has prepared, or caused to be prepared, the Revised Platinum Triangle Expansion Project Environmental Impact Report Findings of Fact and Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No. 106C relating to Subsequent Environmental Impact Report 2008 - 00339; and WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, the Final SEIR shall consist of the Draft SEIR; comments and recommendations received on the Draft SEIR either verbatim or in summary; a list of persons, organizations and public agencies that submitted comments on the Draft SEIR; and the responses of the City, as Lead Agency, to significant points raised in the review and consultation process; and Updated and Modified Mitigation Monitoring Program No. 106C prepared for the Revised Platinum Triangle Expansion Project. A complete copy of the Draft SEIR is on file and can be viewed in the City Planning Department and at httn : / /www.anaheim.net /planning /; and WHEREAS, on October 11, 2010, the Anaheim City Planning Commission (hereinafter referred to as "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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against SEIR2008 -0339 and to investigate and make findings in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports, including all written and verbal comments received during the 45 -day public review period, concerning the contents and sufficiency of the Draft SEIR; and WHEREAS, the Planning Commission, based on the information and evidence received concerning SEIR2008- 00339, does hereby find and determine as follows: The Draft SEIR has been presented to and independently reviewed and considered by the Planning Commission; -4- PC2010 -105 The Draft SEIR reflects the independent judgment and analysis of the Planning Commission; and The Draft SEIR has been processed and completed in compliance with the requirements of CEQA, and all applicable CEQA Guidelines. WHEREAS, to the extent authorized by law, the City desires and intends to use said Final SEIR as the environmental documentation required by CEQA and the CEQA Guidelines for the Revised Platinum Triangle Expansion Project; and WHEREAS, the California Legislature enacted Senate Bill 610 (Water Code Section 10910) which mandates that the retail water utility must prepare a Water Supply Assessment (WSA) for any development project that (i) is subject to the California Environmental Quality Act (CEQA) and (ii) exceeds 500 residential units, or equivalent water demand for shopping centers, business establishments, and commercial developments; and WHEREAS, the proposed development Project is subject to CEQA and consists of over 500 residential units, or equivalent water demand for shopping centers, business establishments, and commercial developments; and WHEREAS, a WSA, dated September 2009, has been prepared for the Revised Platinum Triangle Expansion Project in accordance with applicable sections of the Public Resources Code and California Water Code as referenced in Senate Bill 610. A complete copy of the WSA is on file and can be viewed in the City Planning Department and at http : / /www.anaheim.net/plannin /; and WHEREAS, the WSA concludes that a sufficient water supply and reliability to the City, now and into the future, including a sufficient water supply for the Revised Platinum Triangle Expansion Project; and WHEREAS, at its meeting on October 11, 2010, the Planning Commission did considered the proposed WSA and recommended that the City Council adopt the WSA. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has reviewed and considered the environmental information contained in the Draft SEIR and does hereby recommend that the City Council certify EIR2008- 00339, and determine that said SEIR fully complies with CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for the Revised Platinum Triangle Expansion Project. BE IF FURTHER RESOLVED that the Water Supply Assessment (WSA) for the Project is hereby approved; and, it is further recommended that the WSA be approved and adopted by the City Council and ordered filed with the City Clerk. -5- PC2010 -105 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 11, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal ATTEST: STA'I'P; OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM CHAIRMAN, ANA SENIOR SVCRETARY, ANAHEIM PLANNING COMMISSION LANNING COMMISSION I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on October 11, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, SEYMOUR NOES: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: KARAKI, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 11 day of October, 2010. �ili 2/L� SENIOR SE TA RY, ANAHEIM PLANNING COMMISSION -6- PC2010 -105