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Resolution-PC 2015-087RESOLUTION NO. PC2015-087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING CITY COUNCIL APPROVAL OF RECLASSIFICATION NO. 2014-00262 FOR THE ANAHEIM CANYON SPECIFIC PLAN (DEV2011-001125) WHEREAS, on April 29, 1986, the City Council of the City of Anaheim ("City Council") adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, which specified that zoning and development standards would be substituted for existing zoning regulations under the Zoning Code for a Specific Plan area when the Specific Plan includes zoning regulations and development standards, which zoning and development standards are to be adopted by ordinance independent of the adoption of the Specific Plan; and WHEREAS, the Anaheim Canyon encompasses approximately 2,600 acres in the northern portion of the City of Anaheim, roughly bounded on the north by Orangethorpe Avenue, on the south by the Santa Ana River, on the east by Imperial Highway (SR -90), and on the west by the Orange Freeway (SR -57); and WHEREAS, the Anaheim Canyon encompasses approximately 2,600 acres in the northern portion of the City of Anaheim, roughly bounded on the north by Orangethorpe Avenue, on the south by the Santa Ana River, on the east by Imperial Highway (SR -90), and on the west by the Orange Freeway (SR -57); and WHEREAS, in 1989, the City Council approved the PacifiCenter Anaheim Specific Plan No. 88-3 (the "SP 88-3 Specific Plan") together with zoning and development standards applicable to the SP 88-3 Specific Plan area that are set forth in Chapter 18.106 (PacifiCenter Anaheim Specific Plan No. 88-3 (SP88-3) Zoning and Development Standards) (the "SP 88-3 Zone") of the Anaheim Municipal Code (the "Code") to guide development of a mixed use center that would include offices, retail, restaurants and a hotel with supporting services to encourage transit use and facilitate business operations on approximately 26 acres, located south of La Palma Avenue, west of Tustin Avenue, north of the Riverside Freeway (SR -91) and east of the Metrolink rail line; and WHEREAS, in 1995, the City Council approved the Northeast Area Specific Plan No. 94-1 (the "SP94-1 Specific Plan") together with zoning and development standards applicable to the SP 94-1 Specific Plan area that are set forth in Chapter 18.120 (Northeast Area Specific Plan No. 94- 1(SP94-1) Zoning and Development Standards) (the "SP 94-1 Zone") of the Code to provide for a wide variety of industrial and commercial uses within an area generally consistent with the Anaheim Canyon, excluding properties within the SP88-3 Specific Plan area; and WHEREAS, in 2011, the City of Anaheim was awarded a grant from the California Strategic Growth Council to prepare a Specific Plan for Anaheim Canyon to replace the development requirements of the existing zoning on the properties in this area, remove regulatory obstacles to the reuse of existing structures, promote infill development of currently vacant or underutilized properties, encourage sustainable development, and create a business environment attractive to a wide variety of industries; and -1- PC2015-087 WHEREAS, staff has initiated the preparation of a proposed Specific Plan for the establishment of the Anaheim Canyon Specific Plan Area in the form presented to this Planning Commission; and WHEREAS, staff has determined that several properties outside of the SP94-1 Specific Plan Area should also be included within the boundaries of the proposed Anaheim Canyon Specific Plan Area because they have uses that are similar to the uses on adjacent properties within the SP94-1 Specific Plan Area, which additional properties include commercial properties located east of SR -90, properties adjacent to and including the Santa Ana River, and property located southwest of the intersection of the Burlington Northern Santa Fe rail line and Tustin Avenue, currently designated for industrial use; and WHEREAS, there are currently approximately 27.9 million square feet of non-residential buildings within the boundaries of the proposed Anaheim Canyon Specific Plan Area. Formation of the Anaheim Canyon Specific Plan Area in accordance with the proposed Specific Plan would result in the potential to develop an additional 19.6 million square feet of non-residential building area; and WHEREAS, there are currently 312 multi -family residential units in the Transit Core Area (Development Area 4) of the SP94-1 Zone. Formation of the Anaheim Canyon Specific Plan Area would result in the potential to develop an additional 2,607 multi -family residential units within Development Area 3: Transit -Oriented Area of the proposed Anaheim Canyon Specific Plan; and WHEREAS, a series of actions is required to establish a Specific Plan for the Anaheim Canyon Specific Plan Area (collectively, the "Project Actions"), including: 1. General Plan Amendment No. 2014-00492 to amend the Land Use, Circulation, Green, Economic Development and Community Design Elements of the General Plan of the City of Anaheim to be consistent with the proposed Anaheim Canyon Specific Plan No. 2015-01; and 2. Specific Plan Amendment No. 2014-00065 to rescind PacifiCenter Anaheim Specific Plan No. 88-3 and Northeast Area Specific Plan No. 94-1 and adopt the Anaheim Canyon Specific Plan No. 2015-1; and 3. Zoning Code Amendment No. 2014-00115 to amend Title 18 (Zoning) of the Anaheim Municipal Code to (a) rescind Chapter 18.106 (PacifiCenter Anaheim Specific Plan No. 88-3 (SP 88-3) Zoning and Development Standards) and Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards), (b) adopt Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zoning and Development Standards), and (c) amend other portions of the Anaheim Municipal Code to be consistent with the addition of said new Chapter 18.120; and 4. Reclassification No. 2014-00262 to apply the zoning and development standards of the proposed new Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zoning and Development Standards) to those properties within the Anaheim Canyon Specific Plan Area that are currently classified under the SP 88-3 Zone, the SP 94-1 Zone, the "I" Industrial Zone, the "C -G" General Commercial Zone, the "T" Transition Zone, and the Scenic Corridor (SC) Overlay Zone; and -2- PC2015-087 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 (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Actions; and WHEREAS, in September 2013, City Council approved a contract with Placeworks (formerly The Planning Center DC&E) to prepare Environmental Impact Report No. 2013-00348 ("EIR No. 348") for the Proposed Actions; and WHEREAS, a Notice of Preparation ("NOP") for Draft EIR No. 348 was distributed to the public on October 28, 2013. The public review period for the initial study ended on November 27, 2013. The City held a public scoping meeting on November 12, 2013 to provide members of the public with an opportunity to learn about the Proposed Actions, ask questions and provide comments about the scope and content of the information to be addressed in Draft EIR No. 348; and WHEREAS, Draft EIR No. 348 was made available for a 45 -day public review period from May 28, 2015 to July 13, 2015. The Notice of Availability ("NOA"), which also included noticing for a public hearing before this Planning Commission and a tentative date for a public hearing before the City Council to review and consider the Draft EIR No. 348 and the Project Actions, was sent to a list of interested persons, agencies and organizations, as well as property owners within the proposed Anaheim Canyon Specific Plan Area and within a 300 -foot radius thereof. The Notice of Completion ("NOC") was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk -Recorder's office on May 28, 2015. Copies of Draft EIR No. 348 were made available for public review at the City of Anaheim Planning Department and has been available for download via the City's website; and, WHEREAS, in accordance with California Water Code Section 10910, Draft EIR No. 348 includes a Water Supply Assessment ("WSA") dated October 2014 as Appendix J, which concludes that a sufficient water supply and its reliability is and will be available for the Anaheim Canyon Specific Plan Area; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 24, 2015, which was continued to October 5, 2015 and, due to a lack of a quorum on that date, continued to October 19, 2015, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed Project Actions, including Reclassification No. 2014-00262, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, Reclassification No. 2014-00262 proposes to apply the zoning and development standards of the proposed new Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zoning and Development Standards) to those properties within the Anaheim Canyon Specific Plan Area that are currently classified under the SP 88-3 Zone, the SP 94-1 Zone, the "I" Industrial Zone, the "C -G" General Commercial Zone, the "T" Transition Zone, and the Scenic Corridor (SC) Overlay Zone; and -3- PC2015-087 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 the California Environmental Quality Act (herein referred to as "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, this Planning Commission has found and determined and has recommended that the City Council so find and determine that Final EIR No. 348 provides an adequate assessment of the potentially significant environmental impacts of the Project Actions and certify EIR No. 348, including the adoption of Findings and a Statement of Overriding Considerations and Mitigation Monitoring Program 312, and determine that Draft EIR No. 348 fully complies with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, and is adequate to serve as the environmental documentation for the Project Actions; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find and determine as follows: 1. Reclassification No. 2014-00262 is necessary to ensure that all properties located within the Anaheim Canyon Specific Plan Area will be consistent with the land use designations in General Plan Amendment No. 2014-00492 and the Anaheim Canyon Specific Plan No. 2015-01, now pending; and 2. The proposed reclassification of the properties shown on Exhibit A attached to this Resolution and incorporated herein by this reference is necessary and/or desirable for the orderly and proper development of the Anaheim Canyon Specific Plan Area; and 3. The proposed reclassification of the properties shown on Exhibit A hereto does properly relate to the zoning and development standards of the proposed new Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zoning and Development Standards), now pending. 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 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 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, that, on the basis of the above findings and determinations, the Planning Commission does hereby recommend that the City Council approve Reclassification No. 2014-00262 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify those properties shown on Exhibit A attached to this Resolution. -4- PC2015-087 BE IT FURTHER RESOLVED that approval of Reclassification No. 2014-00262 is contingent upon and subject to approval of General Plan Amendment No. 2014-00492 and Specific Plan Amendment No. 2014-00065, now pending, and adoption by the City Council of an ordinance. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 19, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 October 19, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, DALATI 2015. 111725-v1/TJR IN WITNESS WHEREOF, I have hereunto set my hand this 19`h day of October, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2015-087 EXHIBIT "A" -6- PC2015-087 I = Subject Property Proposed Reclassification from PacifiCenter Anaheim Specific Plan No. 88-3 (SP 88-3) Zone to Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zone ll ------ I ---I--- J L E EAGLE DR LU Q z P H F - z E LA PALMA AVE *Measurement follows line shape* tiA i s� E OgANG Ra` � E LA PALMAAVE J ON� �pN E. sPNTP PSP E. SANTAANA CANYON RO A i E OgoGETHO•RPEAVE o A �. E ORANGETHORPE AVE C o so ioo O s Feet K] Subject Property Proposed Reclassification from Industrial (1) Zone to Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zone �I *Measurement follows line shape* L L J L L - L J r ---r ^ --- ------------- ------------------------------ o so too � 0 Feet *Measurement follows line shape* 10 Subject Property Proposed Reclassification from General Commercial (C -G) Zone to Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zone