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RES-2007-173RESOLUTION NO. 2007 -173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 2004 -180 PERTAINING TO RECLASSIFICATION NO. 2004 -00127 WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by its Resolution No.2004 -178 and The Platinum Triangle Standardized Development Agreement by its Resolution No. 2004 -179, and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, on August 17, 2004, the City Council did adopt its Resolution No. 2004- 180 approving Reclassification No. 2004 00127, declaring and indicating its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify certain properties, as described therein, from the I (Industrial), C -G (General Commercial), O -L (Low Intensity Office) and PR (Public Recreational) Zones to the O -H (High Intensity Office) Zone, including approximately 3.8 -acres of real property located in The Platinum Triangle, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, generally known as 2210 -2220 East Orangewood Avenue and 2130 and 2231 Dupont Drive (hereinafter referred to as the "Subject Property and WHEREAS, the City did receive a verified petition pertaining to the Subject Property for (i) General Plan Amendment No. 2006 -00445 to amend the Land Use Element of the General Plan to increase the maximum office square footage permitted in The Platinum Triangle and to remove the maximum floor area ratio (FAR) in The Platinum Triangle Mixed Use (PTMU) Overlay Zone, Orangewood District, (ii) Miscellaneous Case No. 2007 -00202 to amend The Platinum Triangle Master Land Use Plan to establish the Orangewood District, (iii) Zoning Code Amendment No. 2007- 00060 to amend the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Chapter 18.20 of the Anaheim Municipal Code) to establish the Orangewood District, (iv) Conditional Use Permit No. 2007 -05222 to construct a 20 -story, 311 -foot, high -rise office building and to permit sales of alcoholic beverages for on- premises consumption in a proposed restaurant, (v) Reclassification No. 2007 -00207 (hereinafter referred to as the "Discretionary Actions and (vi) approve and adopt Development Agreement No. 2007 00001; and WHEREAS, Reclassification No. 2007 -00207 requests that (i) the Anaheim City Planning Commission recommend that the City Council approve an amendment to Resolution No. 2004 -180 to delete the Subject Property from Reclassification No. 2004 -127, which established a resolution of intent to reclassify the property from the I (Industrial) Zone to the O -H (High Intensity Office) Zone, and (ii) that said Commission approve Reclassification No. 2007 -00207 to rezone and reclassify the Subject Property from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use Overlay) Zone; and WHEREAS, on July 23, 2007, the Anaheim City Planning Commission did hold a public hearing pertaining to Reclassification No. 2007 00207, notice of said 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 said Reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, on July 23, 2007, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all oral and written evidence and reports offered at said hearing, did adopt its Resolution No. PC2007 -79 (i) approving Reclassification No. 2007 -00207 to rezone and reclassify the Subject Property from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use Overlay) Zone, and (ii) recommending that the City Council approve an amendment to Resolution No. 2004 -180 to delete the Subject Property from Reclassification No. 2004 -127, which established a resolution of intent to reclassify the property from the I (Industrial) Zone to the O -H (High Intensity Office); and WHEREAS, the Anaheim City Planning Commission has reviewed Reclassification No. 2007 -00207 and, by its motion, did find and determine and recommend that the City Council find and determine, pursuant to the provisions of the California Environmental Quality Act (`CEQA and based upon its independent review and consideration of an Initial Study /Addendum conducted pursuant to CEQA for Reclassification No. 2007 00207, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously- certified FSEIR No. 332 and the Third Addendum to FSEIR 332, together with the Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle and Mitigation Monitoring Plan No. 145, are adequate to serve as the required environmental documentation for Reclassification No. 2007 -00207 and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for Reclassification No. 2007 00207; and WHEREAS, upon receipt of said Resolution No. PC2007 -79, summary of evidence, report of findings and recommendations of the Anaheim City Planning Commission, the City Council did fix the 21st day of August, 2007, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on Reclassification No. 2007 -00207 and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did duly hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports and did consider the recommendations of the Anaheim City Planning Commission; and WHEREAS, the City Council does find and determine that Reclassification No. 2007- 00207, as described above, should be approved to delete the Subject Property from Reclassification No. 2004 -127, which established a resolution of intent to reclassify the property from the I (Industrial) Zone to the O -H (High Intensity Office) Zone; and WHEREAS, pursuant to the provisions of CEQA, the City Council, as lead agency for Reclassification No. 2007- 00207, by its Resolution, did find and determine, based upon its independent review and consideration of the Third Addendum to previously certified FSEIR No. 332 and Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145 conducted pursuant to CEQA for Reclassification No. 2007 00207, and the requirements of CEQA, including 2 Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously- certified FSEIR No. 332, together with its Third Addendum and Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145, are adequate to serve as the required environmental documentation for Reclassification No. 2007 -00207 and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for Reclassification No. 2007 00207. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 2004 -180 be, and the same is hereby, amended to delete the Subject Property, as described in Exhibit "A;' from Reclassification No. 2004 -127, which established a resolution of intent to reclassify the property from the I (Industrial) Zone to the O -H (High Intensity Office) Zone. BE IT FURTHER RESOLVED that except as amended herein Resolution No. 2004- 180 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 s tday of August 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Galloway, Sidhu, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY C OF THE CITY.WANAHEIM 66320.v 1 /MGordon CITY 0 NAHEIM MAYOR OF THE C NAHEIM 3 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 15, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 34 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY. EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCR5IBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THEREOF; WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AD 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, AS RESERVED IN DEED RECORDED OCTOBER 29, 1972 IN BOOK 10494, PAGE 484, OFFICIAL RECORDS. APN: 083 272 -02 Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCELS 14 AND 16, AS SHOWN ON A MAP FILED BOOK 30, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCRIBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THERETO, WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AND 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE IF SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, AS RESERVED IN DEED RECORDED OCTOBER 29, 1972 IN BOOK 10494, PAGE 484 OF OFFICIAL RECORDS. APN: 083 272 -01 and 083 272 -07 4