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RES-2008-041RESOLUTION NO. 2008 -041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING, IN PART, RESOLUTION NO. 2004 -180 AND FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL• CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (RECLASSIFICATION NO. 2007-00196). 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; and WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan Amendment No. 2007 00454; (ii) Zoning Code Amendment No. 2007 00056; (iii) an amendment to The Platinum Triangle Master Land Use Plan (MIS2007- 00188); (iv) Reclassification No. 2007- 00196; (v) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007- 00203); and (vi) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006 -00334 (the "Draft SEIR pertaining to The Platinum Triangle (herein collectively referred to as the "Project and WHEREAS, Reclassification No. 2007 -00196 requests that the Anaheim City Planning Commission recommend that the City Council rescind, in part, Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 as it pertains to those certain properties as shown on Exhibit A -1 through Exhibit A -4 attached hereto and incorporated herein by this reference; and reclassify the subject properties as follows: 1. Those certain properties as shown on Exhibit B -1, attached hereto and incorporated herein by this reference, from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 2. Those certain properties as shown on Exhibit B -2, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the C -G (General Commercial) Zone to the C -G (PTMU Overlay) (General Commercial Platinum Triangle Mixed Use (PTMU) Overlay) Zone; (ii) Area 2 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (iii) Area 3 from the O -L (Low Intensity Office) Zone to O -L (PTMU Overlay) (Low Intensity Office Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 3. Those certain properties as shown on Exhibit B -3, attached hereto and incorporated herein by this reference, from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 4. Those certain properties as shown on Exhibit B -4, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (ii) Area 2 from the O -L (Low Intensity Office) Zone to O -L (PTMU Overlay) (Low Intensity Office Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 5. Those certain properties as shown on Exhibit B -5, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the C -G (General Commercial) Zone to the C -G (PTMU Overlay) (General Commercial Platinum Triangle Mixed Use (PTMU) Overlay) Zone; (ii) Area 2 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (iii) Area 3 from the O -L (Low Intensity Office) Zone to O -L (PTMU Overlay) (Low Intensity Office Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 6. Those certain properties as shown on Exhibit B -6, attached hereto and incorporated herein by this reference, from the T (Transition) Zone to the T (PTMU Overlay) (Transition Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 7. Those certain properties as shown on Exhibit B -7, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (ii) Area 2 from the O -H (High Intensity Office) Zone to O -H (PTMU Overlay) (High Intensity Office Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 8. Those certain properties as shown on Exhibit B -8, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (ii) Area 2 from the O -H (High Intensity Office) Zone to O -H (PTMU Overlay) (High Intensity Office Platinum Triangle Mixed Use (PTMU) Overlay) Zone. WHEREAS, on December 10, 2007, the Anaheim City Planning Commission did hold a public hearing pertaining to Reclassification No. 2007 00196, 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, that the Anaheim City Planning Commission has reviewed Reclassification No. 2007 -00196 and, by its Resolution, did find and determine and recommend that the City Council, based upon its independent review of Final Supplemental Environmental Impact Report No. 334 "Final SEIR and unless additional or contrary information is received during the 2 City Council's public hearing on the Project, certify the Final SEIR and adopt the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, a copy of each of which is on file with the Planning Department and which are incorporated herein by this reference as if set forth in full, and determine that said Final SEIR, together with the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for Reclassification No. 2007 00196, and that no further environmental documentation need be prepared for said reclassification; and WHEREAS, the City Council did fix the 11th day of December, 2007, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on Reclassification No. 2007 -00196 and did give notice thereof in the manner and as provided by law; and WHEREAS, on December 11, 2007, 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 at said hearing; and WHEREAS, on December 11, 2007, the City Council, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. 2007 -237 determining that Reclassification No. 2007 00196, as described above, should be approved; and rescinded, in part, Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 as it pertains to those certain properties as shown on Exhibit A -1 through Exhibit A -4; and WHEREAS, thereafter, on December 27, 2007, after the City Council adopted its Resolution No. 2007 -237 determining that Reclassification No. 2007 -00196 should be approved, but within the time prescribed by law, an opponent of the Project, Citizens for Responsible Equitable Environmental Development "Appellant did appeal the Planning Commission's decision to the City Council; and WHEREAS, the following described litigation has been filed, and is currently pending, seeking to (i) set aside the actions taken by the City Council relating to the Project, and (ii) compel the City of Anaheim to conduct a further public hearing on Appellant's appeal "before final approval of the proposals made for the Project may be granted:" Citizens for Responsible Equitable Environmental Development v. City of Anaheim, Orange County Superior Court Cases No. 30- 2008 00103422; and WHEREAS, the City Council, in response to the request for appeal and the civil action filed by Appellant did set the Project for a further de novo public hearing, which public hearing was duly noticed in the manner provided by law; and WHEREAS, the City Council did fix the 8th day of April, 2008, as the time, and the City Council Chamber in the Civic Center as the place for a further public hearing on the Project actions, including Reclassification No. 2007 00196, and did give notice thereof in the manner and as provided by law; and 3 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- 00196, as described above, should be approved; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act "CEQA the City Council, as lead agency for the General Plan Amendment, by its resolution, did find and determine, based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for Reclassification No. 2007 00196, 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 Final SEIR No. 334, together with the Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B, fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for Reclassification No. 2007 00196, and that no further environmental documentation need be prepared for said reclassification. BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 2007- 237 heretofore approved by the City Council on December 11, 2007. BE IT FURTHER RESOLVED that the City Council does rescind, in part, Resolution No. 2004 -180 pertaining to Reclassification No. 2004 -00127 as it pertains to those certain properties as shown on Exhibit A -1 through Exhibit A -4. BE IT FURTHER RESOLVED that the City Council does hereby approve said Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to reclassify certain properties within The Platinum Triangle as described above. 4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of April 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring NOES: Council Member Galloway ABSENT: NONE ABSTAIN: NONE 410 CITY CLERK OF THE CITY OF ANAHEIM 67358.v2 /MGordon 5 CITY OF ANAHEIM MAYOR OF THE CI OF ANAHEIM Exhibit A -1 9y, 507 326 918' ri, A A A 916' KATELLA AVENUE Reclassification No. 2004 -00127 Rescind Resolution 2004 -180 Area 1 Area 2 Property Description Subject Property Scale: Graphic Q.S. No. 97/107 1466 -1 Exhibit A -2 KATELLA AVENUE 932' 1094' i GENE AUTRY WAY Reclassification No. 2004 -00127 Rescind Resolution 2004 -180 Area 3 Area 4 Property Description Subject Property Scale: Graphic Q.S. No. 98/108 1466 -2 Reclassification No. 2007 -00196 Rescind Resolution 2004 -180 Area 5 Exhibit A -3 Property Description Subject Property Scale: Graphic Q.S. No. 117 Exhibit A -4 TOWNE CENTRE PL ORANGEWOOD AVENUE 1558 1817 1 Reclassification No. 2007 000119 Rescind Resolution 2004 -180 Area 7 Property Description Subject Property Scale: Graphic Q.S. No. 119 1466-4 Exhibit B -1 1225' r HOWELL AVE T"'" KATELLA AVENUE WRIGHT CIRCLE WRIG HT CIRCLE 0 250 Feet Property Description Reclassification No. 2007 -00196 Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Subject Property I to 1 (PTMU) Scale: Graphic Q.S. No 107 2439_45 Subject Properties Area 1 C -G to C -G (PTMU) Area 2: I to I (PTMU) Area 3: O -L to O -L (PTMU) Exhibit B -2 KATELLA AVE Property Description Reclassification No. 2007 -00196 Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Scale: 1" 200' Q.S. No. 97 2439_45 Exhibit B -3 1413' uJ w w cn 03 1) Q Z 03 775' GENE AUTRY WAY 223 .-1 w z. Q 0 w m 180 360 Feet Property Description Reclassification No. 2007 -00196 Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Subject Property I to I (PTMU) Scale: Graphic Q.S. No. 98/108 2439_45 Exhibit B -4 775 ORANGEWOOD AVENUE The he Cit of Anaheim Boundary GENE AUTRY WAY Property Description Reclassification No. 2007 -00196 Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Subject Properties Area 1 1 to 1 (PTMU) Area 2: 0 -L to 0 -L (PTMU) Scale: 1" 200' Q.S. No. 108 2439_45 Exhibit B -5 —166'— I Att !i %!ir!:2. Area TOW NE CENTRE PLACE ORANGEWOOD AVE Area 1 The City of Anaheim Boundary 699 271' 797 370 Reclassification No. 2007 -00196 Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Subject Properties Area 1: 1 to 1 (PTMU) Area 2: C -G to C -G (PTMU) Nag, NW Area 3: O -L to O -L (PTMU) Property Description Scale: 1" 250' Q.S. No. 108 2439_45 Exhibit B -6 i KATELLA AVENUE Property Description Reclassification No. 2007 -00196 Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Subject Property Area T to T (PTMU) Scale: 1" 200' Q.S. No. 127/128 2439_45 Subject Properties Area 1: 1 to 1 (PTMU) Area 2: O -H to O -H (PTMU) Exhibit B -7 Property Description Reclassification No. 2007 -00196 Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Scale: 1" 300' Q.S. No. 126/127 2439_45 Subject Properties Area 1:1 to 1 (PTMU) Area 2. O -H to O -H (PTMU) Exhibit B -8 Property Description Reclassification No. 2007 -00196 Reclassify to The Platinum Triangle Mixed Use (PTMU) Overlay Zone Scale: Graphic Q.S. No. 117 2439_45