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Resolution-PC 2016-072RESOLUTION NO. PC2016-072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT NO. 2015-05806 FOR MULTIPLE ALCOHOLIC BEVERAGE CONTROL LICENSES FOR ON SALE BEER & WINE — EATING PLACE, ON SALE GENERAL — EATING PLACE, ON SALE GENERAL — BREWPUB, AND OFF SALE BEER & WINE/GENERAL, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (CONDITIONAL USE PERMIT NO. 2015-05806) (DEV2015-00024) 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 renovated Angel Stadium and the Stadium Gateway Office Building were developed/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 PC2016-072 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 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 above 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, on December 18, 2007 and in response to the application of Platinum Triangle Partners, LLC ("Original Owner") for entitlements allowing for the development of a residential project consisting of up to 878 residential units, two public parks, and new public connector streets (the "Original Project") on certain real property consisting of approximately 15.6 acres and bounded by State College Boulevard on the west, Orangewood Avenue on the south, and Angel Stadium of Anaheim on the north (the "Property"), the City Council determined that the Second Addendum to FSEIR No. 332 was adequate to serve as the required - 2 - PC2016-072 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; and WHEREAS, the entitlements for the Original Project consisted of (1) Conditional Use Permit No. 2006-05093, to permit two residential towers up to 350 feet in height; (2) Development Agreement No. 2006-00002 to provide for the development of the A -Town Stadium Master Site Plan; and (3) Tentative Tract Map No. 16860 to establish a 10 -lot, residential subdivision (collectively, the "Original Development Approvals"); and WHEREAS, on December 18, 2007, 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 January 22, 2008, which was recorded in the Official Records of the County of Orange on January 22, 2008 as Instrument No. 2008000031001 (the "Original Development Agreement"); 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 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, on December 16, 2008, the City Council approved that certain Amendment No. 1 to the Original Development Agreement for the purpose of extending the initial term of the Original Development Agreement to January 22, 2016. Amendment No. 1 to the Original Development Agreement was recorded in the Official Records on February 23, 2009 as Instrument No. 2009000081176; and - 3 - PC2016-072 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. I"), was prepared and considered by the City Council in connection with the Katella Avenue/1-5 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 WHEREAS, on or about October 9, 2012 and in response to the application of LNR Platinum Stadium, LLC, a Delaware limited liability company, the successor in interest to the Original Owner (herein referred to as the "Subsequent Owner"), for entitlements allowing for the development of a 525 -unit multifamily project consisting of eight (8) buildings with subterranean parking, each three or four stories in height , to revise the public park locations for this project site; amend the Platinum Triangle Master Land Use Plan to revise the connector street and public park locations for this project site; to permit a smaller park than allowed by the Anaheim Municipal Code (the "Code"); to amend the Original Development Agreement, as amended by Amendment No. 1; to address a proposed project re -design including a reduction in residential units; and to revise Tentative Tract Map No. 16860 to reflect the modified site design (the "Revised Project"), the City Council determined that the previously -certified FSEIR No. 339, together with the Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle, and Mitigation Monitoring Plan No. 304, was adequate to serve as the required environmental documentation for the Revised Project and that no further environmental documentation needed to be prepared for the Revised Project and the "Revised Development Approvals" (as defined below) for the Revised Project; and WHEREAS, the entitlements for the Revised Project consisted of (1) General Plan Amendment No. 2012-00485 to amend the Land Use, Circulation and Green Elements of the General Plan to revise the public park locations; (2) Miscellaneous Case No. 2012-00553 to amend the Platinum Triangle Master Land Use Plan to revise the connector street and public park locations; (3) Variance No. 2012-04909 to permit a park smaller than required by the Code; (4) Amended and Restated Development Agreement No. 2006-00002B to amend the Original Development Agreement, as amended by Amendment No. 1, between the City of Anaheim and LNR Platinum Stadium, LLC to address a proposed project redesign including a reduction in residential units, and (5) a revision to Tentative Tract Map No. 16860 to reflect a reduction in the number of residential units and a re -design of the Original Project (collectively, the "Revised Development Approvals"); and - 4 - PC2016-072 WHEREAS, the Subsequent Owner's request for an amendment to the Original Development Agreement to address a proposed project redesign including a reduction in residential units was approved by the City Council on October 9, 2012. Accordingly, on or about November 26, 2012, the City and the Subsequent Owner entered into that certain Amended and Restated Development Agreement No. 2006-0000213, which was recorded in the Official Records on December 17, 2012 as Instrument No. 2012000780841 (the "Amended and Restated Development Agreement"); and WHEREAS, the Original Development Agreement, as amended by Amendment No. 1 and the Amended and Restated Development Agreement shall be referred to herein collectively as the "Existing Development Agreement"; and WHEREAS, the Existing Development Agreement and the Revised Development Approvals shall be referred to herein collectively as the "Existing Entitlements"; and 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 1005-1105 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 - 5 - PC2016-072 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 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 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 WHEREAS, subsequent to recordation of the Amended and Restated Development Agreement, fee title interest in the Property was transferred, and the Existing Entitlements were assigned, by the Subsequent Owner to LTG Platinum LLC, a California limited liability company (herein referred to as the "Owner"); and WHEREAS, pursuant to Section 20 of the Existing Development Agreement and Chapter 18.60 of the Zoning Code of the City of Anaheim, the Owner has requested a series of actions to replace the Revised Development Approvals and permit a development consisting of a mixed- use project consisting of 405 residential units, 433,000 square feet of commercial uses, a 200 - room hotel, and 77,000 square feet of office space (the "Proposed New Project"). To that end, the Owner has requested the following entitlements to replace the Existing Entitlements: 1. An amendment to the General Plan 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 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) - 6 - PC2016-072 of the Anaheim General Plan are required in order to remove the designation of a public park on the Project Site ("General Plan Amendment No. 2015-00504"); 2. Development Agreement No. 2015-00001, in the form presented at the meeting at which this Resolution was adopted, to provide for the development of the Proposed New Project and certain vested development rights in connection therewith, which includes the Master Site Plan attached thereto; 3. A Conditional Use Permit to allow up to 22 California Department of Alcoholic Beverage Control ("ABC") alcohol licenses for the sale and service of alcoholic beverages (herein referred to collectively and interchangeably as the "ABC Licenses" or "Conditional Use Permit No. 2015-05806"). Nineteen of the licenses will be a Type 47 (On Sale -General — Eating Place) license, authorizing the sale of beer, wine and distilled spirits for consumption at a restaurant, or a Type 41 (On Sale Beer & Wine — Eating Place) license, authorizing the sale of beer and wine for consumption at a restaurant. Two of the licenses will be a Type 75 (On Sale - General — Brewpub) license, authorizing the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer. In addition, a proposed market within the Proposed New Project is envisioned to sell beer and wine or beer, wine and distilled spirits for consumption off the premises where sold pursuant to either a Type 20 (Off Sale Beer & Wine) license or a Type 21 (Off Sale General) license; 4. An amendment to the Zoning Code to allow a conversion and transfer of unused development intensity from the Gateway, Gene Autry, Katella, and Orangewood Districts to the Stadium District. In addition, the overall number of allowable residential units and office square footage within the Platinum Triangle would be reduced and the allowable commercial square footage would be slightly increased ("ZCA2015-00128"); 5. An amendment to the PTMLUP to be consistent with General Plan Amendment No. 201-00504 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, and modify the park and street locations consistent with the Proposed New Project ("Miscellaneous Case No. 2016-00631 "); 6. Tentative Tract Map No. 17918 to subdivide the Project Site into two parcels that correspond to the two Development Areas shown on the proposed Master Site Plan for the Proposed New Project; and WHEREAS, General Plan Amendment No. 2015-00504, Development Agreement No. 2015-00001, Conditional Use Permit No. 2015-05806, Zoning Code Amendment No. 2015- 00128, Miscellaneous Case No. 2016-00631, and Tentative Tract Map No. 17918 shall be referred to herein collectively as the "Proposed New Entitlements"; and WHEREAS, in connection with the Proposed New Entitlements, Addendum No. 6 to FSEIR No. 339, dated August 2016 ("Addendum No. 6"), a copy of which is on file in the Planning Department and incorporated herein by this reference as though fully set forth, has been prepared in order to determine whether any significant environmental impacts which were not identified in the previously -approved FSEIR No. 339 would result or whether previously identified significant impacts would be substantially more severe. FSEIR No. 339, Addendum - 7 - PC2016-072 No. 1, Addendum No. 2, Addendum No. 3, Addendum No. 4, Addendum No. 5, and Addendum No. 6 together with Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339, and Mitigation Monitoring Plan No. 334 proposed for the Proposed New Project collectively constitute the environmental documentation under and pursuant to the California Environmental Quality Act of 1970, as amended ("CEQA"), and the State CEQA Guidelines relating to the Proposed New Entitlements and the Project and shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, on August 22, 2016, 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 concerning the contents and sufficiency of Addendum No. 6 and for and against the Proposed New Entitlements and the Project 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. 6 together with the other CEQA Documents collectively constitute the environmental documentation under and pursuant to CEQA relating to the Proposed New Entitlements and the 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 the Proposed New Entitlements and the Project and, together with Mitigation Monitoring Plan No. 334 for the Project, should be approved and adopted; and 3. That no further environmental documentation needs to be prepared under CEQA for the Project. WHEREAS, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing relating to the Proposed New Entitlements and the Proposed New Project, including Addendum No. 6, together with the other CEQA Documents, this Planning Commission has heretofore adopted its Resolutions recommending that the City Council (1) amend the General Plan by approving and adopting General Plan Amendment No. 2015-00504, (2) amend the Platinum Triangle Master Land Use Plan by approving and adopting Miscellaneous Case No. 2016-00631, and (3) approve and adopt Zoning Code Amendment No. 2015-00128; and WHEREAS, this 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 Proposed New Project, specifically, with respect to the request for Conditional Use Permit No. 2015-05806, does hereby find and determine and recommends that the City Council so find and determine as follows: - 8 - PC2016-072 1. The request to allow the ABC Licenses is properly one for which a conditional use permit is authorized in the "I" Industrial Zone, subject to a conditional use permit and the zoning and development standards of the Platinum Triangle Mixed Use (PTMU) Overlay Zone pursuant to Section 18.20.030 (Mixed Use District Uses) of the Code; 2. The request to allow the ABC Licenses, under the conditions imposed, would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Property is proposed to be developed with a multi -tenant commercial building and the ABC Licenses would be compatible with the existing uses within the shopping center and surrounding area. 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the Property is proposed to be improved with a multi - tenant commercial building. 4. The traffic generated by permitting the ABC Licenses would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles proposed to be entering and exiting the Property will be consistent with the proposed commercial use of the Property. 5. The granting of Conditional Use Permit No. 2015-05806 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, this 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 Proposed Project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This 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, based upon the aforesaid findings and determinations and based upon a thorough review of proposed Conditional Use Permit No. 2015-005806, Addendum No. 6, the other CEQA Documents, and the evidence received to date, does hereby approve, this Planning Commission does hereby approve and recommends that the City Council approve Conditional Use Permit No. 2015-05806, contingent upon and subject to (1) the approval of the other Proposed New Entitlements, specifically, General Plan Amendment 2015-00504, Zoning Code Amendment No. 2015-00128, Miscellaneous Case No. 2016-00631, Tentative Tract Map No. 17918, and Development Agreement No. 2015-00001, now pending; and (2) the mitigation measures set forth in Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339 and Mitigation Monitoring Plan No. 334 for the Proposed New Project; and 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 substantially concurrently with this Resolution relating to the proposed Development Agreement - 9 - PC2016-072 No. 2015-00001, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2015-005806. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that this Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's 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. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 22, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM _10- PC2016-072 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 August 22, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, LIEBERMAN, HENNINGER, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, DALATI VACANT: COMMISSIONERS: ONE VACANCY 118557-v2 IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of August, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - I1 - PC2016-072