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RES-2016-032RESOLUTION NO. 2 016 - 0 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING SPECIFIC PLAN AMENDMENT NO. 2014-00065, RESCINDING PACIFICENTER ANAHEIM SPECIFIC PLAN NO. 88-3 AND NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AND ADOPTING ANAHEIM CANYON SPECIFIC PLAN NO. 2015-1. (SPN2014-00065) (DEV2011-00125) 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 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 City Council; 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 "Proposed 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 to adopt the Anaheim Canyon Specific Plan No. 2015-1; and 2 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 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 the Planning Commission and a tentative date for a public hearing before the City Council to review and consider Draft EIR No. 348 and the Proposed 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 3 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, Specific Plan Amendment No. 2014-00065, in the form presented at this meeting, proposes 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 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 again to October 19, 2105, 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 and testimony concerning the contents and sufficiency of Draft EIR No. 348 and for and against the Proposed Actions, including Specific Plan Amendment No. 2014-00065, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the Planning Commission considered all factors relating to the Proposed Actions, including Draft EIR No. 348, the comments and recommendations received on Draft EIR No. 348 (either verbatim or in summary), a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 348, the responses of the City, as lead agency, to significant points raised in the review and consultation process, and did adopt its Resolution No. PC2015-083 on October 19, 2015, recommending that this City Council (i) approve and adopt the WSA and Findings of Fact and a Statement of Overriding Considerations Regarding Draft EIR No. 348, (ii) certify Final EIR No. 348, and (iii) approve and adopt Mitigation Monitoring Program No. 312. The Planning Commission also recommended that this City Council find and determine, as did the Planning Commission, that the WSA, the comments and recommendations received on Draft EIR No. 348 (either verbatim or in summary), a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 348, the responses of the City, as lead agency, to significant points raised in the review and consultation process, together with Findings of Fact and a Statement of Overriding Considerations Regarding Draft EIR No. 348, satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed Actions; and WHEREAS, Final Environmental Impact Report No. 2013-00348 (herein referred to as "Final EIR No. 348") consists of Draft EIR No. 348, the comments and recommendations received on Draft EIR No. 348 (either verbatim or in summary), a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 348, the responses of the City, as lead agency, to significant points raised in the review and consultation process, the Findings of Fact and a Statement of Overriding Considerations, and Mitigation Monitoring Program No. 312 prepared for the Proposed Actions. A complete copy of Final EIR No. 348 is on file and can be viewed in the Anaheim Planning and Building Department and on the project website at 11 www.anaheim.net/anaheimcanyon. Final EIR No. 348 is identified on the webpage as "Final Environmental Impact Report"; and WHEREAS, by the adoption of its Resolution No. PC2015-085 on October 19, 2015, the Planning Commission recommended that the City Council approve and adopt proposed Specific Plan Amendment No. 2014-00065, in the form presented at this meeting and incorporated herein by this reference, contingent upon and subject to the adoption of General Plan Amendment No. 2014-00492, Zoning Code Amendment No. 2014-00115, and Reclassification No. 2014-00262, now pending; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2015-083, PC2015-084, PC2015-085, PC2015-086 and PC2015-087, a summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 26th day of January, 2016, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Actions and for the purpose of considering Final EIR No. 348 and the Proposed Actions; and WHEREAS, on January 26, 2016, the City Council did conduct 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 for and against Final EIR No. 348 and the Proposed Actions 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 City Council found and determined that Final EIR No. 348 provides an adequate assessment of the potentially significant environmental impacts of the Proposed Actions and certified Final EIR No. 348, including the adoption of Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring Program No. 312, and fully complies with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, is adequate to serve as the environmental documentation for the Proposed Actions, and reflects the independent judgment and analysis of the City Council; and WHEREAS, at said public hearing, upon hearing and considering all evidence and reports offered at said hearing and all testimony and arguments (if any) of all persons desiring to be heard, this City Council considered all factors relating to the Proposed Actions, including Specific Plan Amendment No. 2014-00065 and the modifications thereto set forth on Exhibit A to this Resolution, and the recommendations of the Planning Commission, and does hereby find and determine as follows: 1. That the property proposed for the Anaheim Canyon Specific Plan No. 2015-1 has unique site characteristics, such as topography, location or surroundings, that are enhanced by special land use and development standards; 2. That the proposed Anaheim Canyon Specific Plan No. 2015-1 is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein; 5 3. That the proposed Anaheim Canyon Specific Plan No. 2015-1 results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood; 4. That the proposed Anaheim Canyon Specific Plan No. 2015-1 contributes to a balance of land uses throughout the City; and 5. That the proposed Anaheim Canyon Specific Plan No. 2015-1 respects environmental, aesthetic and historic resources consistent with economic realities. WHEREAS, this City Council further finds and determines the following: 1. Anaheim Canyon Specific Plan No. 2015-1 will replace the SP88-3 Specific Plan and the SP94-1 Specific Plan, therefore indicating that the area encompassed by the Anaheim Canyon Specific Plan Area is suitable for a specific plan; and 2. The proposed adoption of Anaheim Canyon Specific Plan No. 2015-1 and rescission of SP88-3 Specific Plan and the SP94-1 Specific Plan are being processed concurrently with General Plan Amendment No. 2014-00492, which will modify and 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 would include, among other things, changes in land use, expanding the description of the "Water Use" land use category to allow certain non -water uses within the Anaheim Canyon Specific Plan Area, a new "Complete Streets Connector" roadway classification, changing references from "The Canyon" to "Anaheim Canyon," and modifications to bikeways and trails within the Anaheim Canyon Specific Plan Area. No substantive changes to the General Plan Goals or Policies are proposed; 3. Anaheim Canyon Specific Plan No. 2015-1 includes Public Realm Improvements and Private Realm Incentives and Strategies that are consistent with the goals and policies for Anaheim Canyon contained within the Community Design Element of the General Plan and will result in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood; 4. Anaheim Canyon Specific Plan No. 2015-1 is intended to maintain and enhance the City's employment base in the Anaheim Canyon Specific Plan Area, contributing to a balance of land uses throughout the City; and 5. Anaheim Canyon Specific Plan No. 2015-1 is intended to encourage sustainable development and create a business environment attractive to a wide variety of industries; therefore, respecting environmental, aesthetic and historic resources consistent with economic realities; and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that z 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. This City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED, that, on the basis of the above findings and determinations and based upon a thorough review of proposed Specific Plan Amendment 2014- 00065, Final EIR No. 348, and the evidence received to date, this City Council does hereby approve and adopt Specific Plan Amendment 2014-00065, in the form presented at this meeting and as modified by Exhibit A, attached hereto and incorporated herein by this reference, thereby rescinding PacifiCenter Anaheim Specific Plan No. 88-3 and Northeast Area Specific Plan No. 94-1 and adopting the Anaheim Canyon Specific Plan No. 2015-1, which action shall be contingent upon and subject to the adoption of (i) General Plan Amendment No. 2014-00492, Zoning Code Amendment No. 2014-00115, and Reclassification No. 2014-00262, now pending, and (ii) the mitigation measures set forth in Mitigation Monitoring Program No. 312 approved in conjunction with Final EIR No. 348. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this26 day of January , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None ATTES CITY CLERK OF THE CITY O ANAHEIM 113148-v3/TJR 7 CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM Specific Plan Amendment No. 2014-0D065 Exhibit A OnOctober 19, 2015,the Anaheim Planning Commission adopted Resolution No. PC2015-U85 recommending that the City Council approve and adopt the proposed Specific Plan Amendment No. 2014-OUO6S'inthe form presented atthe Planning Commission meeting. The specific plan document ia available onthe project web page ( )andneferredtoasthe"Thimj Revised Public Draft — November 2D1S." Prior to the Planning Commission hearing, staff and the Commission received a comment letter from the PRS Group, requesting that the draft specific plan be amended to allow multi-family/mixed use residential development on a portion of Development Area 5 (DA -5). Although the Planning Commission did not recommend any changes in response to the PRS, Group's request, staff has had subsequent discussions with the PRS Group in an effort to craft a compromise that could create a potential "path" towards allowing future mixed-use residential development inthis area subject to certain criteria. |norder to help accommodate future requests for multi-family/mixed use development within 0A-5, staff recommends adding the following language to the description for DA -5 included in the draft specific plan recommended for approval by the Planning Commission: "Future residential development could bemn appropriate land use within Development Area Soslong os such uses are developed inomixed use setting and commercial ondloroffice uses are incorporated into the residential developmentpursuonttothe"M-U" Zone referenced below. Residential uses should only be developed on parcels overfour acres in size and should comply with the development standards of the W -U" Mixed -Use Overlay Zone. Residential uses in this area would be subject to the approval ofoGeneral Plan Amendment, Conditional Use Permit and any environmental analysis required pursuant tmthe California Environmental Quality AcL" Staff also recommends that Section 2.2 Land Use and Urban Design of Chapter 2: Key Findings and � Expand opportunities for additional high-density residential, office, and retail development within X toBnnUeoftheK8etno|inkStationw/h8acontinuingtmconskdersuchuses/nmdnerstrateuico8v located areas within the Anaheim Canyon osdevelopment cpportunitiesorise. in addition, staff recommends that Section 4.1 Private Realm Transformative Strategies of Chapter 4: Private Realm Incentives and Strategies should be modified as follows (new wording shown in italics and deleted wording shown in strikethrough): Protect the integrity of industrial and eempAeF operations bydiscouraging sensitive uses within business these areas while continuing toconsider such uses /nother strategically located areas within the Anaheim Canyon as development opportunities arise.