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
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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
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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
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