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2004-180RESOLUTION NO2004-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM 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. 2004-00127) WHEREAS, on May 25, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in conjunction with the approval of Zoning Code Amendment No. 2004-00029, Reclassification No. 2004-00117, Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 (SPN 2004-00023), Amendment No. 2 to the Northeast Area Specific Plan No. 94-1 (SPN 2004-00024), and other related actions; and adopted Resolution No. 2004-94 certifying Final EIR No. 330, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and Zoning Code Update, the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and the Updated and Modified Mitigation Monitoring Program No. 0085a for the Anaheim Resort Expansion Area) associated with the project ("Final EIR No. 330"); and WHEREAS, General Plan Amendment No. 2004-00419 provided for a comprehensive citywide General Plan Update which included redesignating land uses within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to as "The Platinum Triangle") from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed Use, Office High, Office Low, Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (I-5) Freeway, north of Katella Avenue: and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (as set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision for The Platinum Triangle including providing for more detailed planning efforts to guide the future developmenl of The Platinum Triangle: encouraging mixed-use projects integrating retail, office and higher density residential land uses: encouraging a regional inter-modal transportation hub in proximity to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (1-5~ and Orange (SR-571 Freeways; maximizing views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River: developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops; and, identifying and pursuing opportunities for open space areas that serw'e the recreational needs of Platinum Triangle residents and employees; and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9.175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, on July 12, 2004, the Anaheim City Planning Commission approved a motion to initiate the following applications and proceedings: Zoning Code Amendment No. 2004-00032 to replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone; Miscellaneous Case Nos. 2004-00082, 2004-00083,2004-00084 and 2004-00085 to replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) and to adopt a standard Development Agreement to apply to development within the PTMU Overlay Zone: and, Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130 to reclassi~ properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the O-H (High Intensity Office) and O-L (Low Intensity Office) Zones to reflect General Plan designations (the "Proposed Actions" ); and WHEREAS, the Anaheim City Planning Commission's July 12, 2004 motion did include initiation ora petition for Reclassification No. 2004-00127 for the subject properties: and WHEREAS, the proposed Reclassification No. 2004-00127 would reclassi~' the subject properties 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 as follows: Area 1. From the C-G (General Commercial), O-L (Low Intensity Office) and I (lndustrialt Zones to the O-H (High Intensity Office) Zone on an irregularly shaped area located at the northwest comer of Katella Avenue and Lewis Street, and having frontages of 640 I'eet on the north side of Katella Avenue and 675 feet on the west side of Lewis Street (as shown on the map marked as Exhibit "A" attached hereto and incorporated by this reference as set forth in full); Area 2. From the I (Industrial) Zone to the O-H (High Intensity Office) Zone on a rectangularly shaped area located at the northeast comer of Katella Avenue and Lewis Street, and having frontages of 910 feet on the north side of Katella Avenue and 620 feet on the east side of Lewis Street {as shown on the map marked as Exhibit "A" attached hereto and incorporated by this reference as set forth in full): Area 3. From the I (Industrial) Zone to the O-H (High Intensity Office) Zone on an irregularly shaped area located on the northeast side of Anaheim Way between Katella Avenue and Gene Autry Way, and having frontages of 1,710 feet on the south side of Katella Avenue, 1,460 feet on the northeast side of Anaheim Way and 1,100 feet on the north side of Gene Autry Way (as shown on the map marked as Exhibit "B" attached hereto and incorporated by this reference as set forth in full); Area 4. From the I (Industrial) Zone to the O-H (High Intensity Office) Zone on an irregularly shaped area located on northeast side of Anaheim Way between Gene Autry Way and a point 350 feet north of the centerline of Orangewood Avenue, and having frontages of g65 feet on the south side of Gene AutO' Way, 1,490 feet on the northeast side of Anaheim Way, 18;0 feet on the northwest side of Stanford Court and 675 feet on the northeast side of Santa Cruz Street (as shown on the maps marked as Exhibit "B" attached hereto and incorporated by this reference as set forth in full); Area 5. From the I (Industrial) Zone to the O-H (High Intensity Off-ice) Zone on an irregularly shaped area located on the northwest side of Katella Avenue between the Atchison Topeka & Santa Fe Railway tracks on the west and Howell Avenue on the east, and having frontages of 580 feet on northwest side of Katella Avenue and 710 feet on the southwest side of Howell Avenue (as shown on the map marked as Exhibit "C" attached hereto and incorporated by this reference as set forth in full); Area 6. From the O-L (Low Intensity Office) Zone to the O-H (High Intensity Office) Zone on an irregularly shaped area located on the northeast side of Howell Avenue between Sinclair Street and Katella Avenue and adjoining the State Route 57/Orange Freeway on the east, and having frontages of 400 feet on the south side of Sinclair Street, 300 feet on the northeast side of Howell Avenue and 470 feet on the north side of Katella Avenue {as shown on the map marked as Exhibit "C" attached hereto and incorporated by this reference as set forth in full): Area 7. From the 1 (Industrial) and O-L (Low Intensity Office) Zones to the O-H (High Intensity Ofrice) Zone on an irregularly shaped area located on the south side of Orangewood Avenue between a point 825 feet east of State College Boulevard and the Anaheim City Limits west of the Santa Ana River, and having a frontage of 1.830 feet on the south side of Orangewood Avenue and a maximum depth of 1,070 feet {as shown on the map marked as Exhibit "D" attached hereto and incorporated by' this reference as set forth in full); and WHEREAS, on August 9, 2004, the Anaheim City Planning Commission did hold and conduct a public hearing, notice of said public hearing having been duly given as required by law' and in accordance with the provisions of Chapters 18.60 (Procedures) and 18.76 (Zoning Amendments) of the Anaheim Municipal Code. and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, on August 9, 2004, the Anaheim City Planning Commission adopted Resolution No. PC2004-83 finding and recommending that the City Council (a) as lead agency for the Proposed Actions, find that the previously-certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the proposed project actions based upon the findings set forth in said Resolution and (b) recommending that the City Council approve the subject Petition for Reclassification, to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described properties from the I (Industrial), C-G (General Commercial), O-L (Low' Intensity Office) and PR (Public Recreation) Zones to the O-H (High Intensity Office) Zone based upon the following condition which is hereby found to be a necessary prerequisite to the proposed use of subject properties in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: "Condition 1. Prior to introduction of an ordinance rezoning any parcel or parcels, the following shall be submitted to the Planning Department: (i) letter from the property owner (or property owners where applicable) or the property owner's authorized agent requesting reclassification to the O-H (High Intensity Office) Zone, (ii) current title report or preliminary title report showing the legal vesting of title and containing a legal description of the property, (iii) map of the property (including scale and dimensions), and (iv) payment ora filing fee in an amount as specified by resolution of the City Council." and based upon the following facts: I. That this City-initiated proposal will establish a resolution of intent to reclassify certain properties within The Platinum Triangle from the I (Industrial), C-G {General Commercial), O-L (Low Intensity Office) and PR (Public Recreation) Zones to the O-H (High Intensity Office) Zone. 2, That ordinances to rezone specific parcels to the O-H (High Intensity Office) zone will not be adopted until the underlying property owner(s) request finalization of said zone. as conditioned herein. 3. That the Land Use Element of the Anaheim General Plan designates subject properties for Office High. 4. That no development shall occur within The Platinum Triangle that exceeds the maximum allowable development analyzed by EIR No. 330; and, that the maximum amount of office development within that portion of The Platinum Triangle designated Office-Low and/or Office-High by the General Plan shall be no greater than 1,735,000 square feet. 5. That the proposed reclassification of subject properties is necessaO' and/or desirable for the orderly and proper development of the community. 6. That the proposed reclassification of subject properties does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. as shown on Exhibits A through D attached hereto; and WHEREAS, on August 17, 2004, the City Council did hold and conduct a duly noticed public hearing, and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same, including the Staff Report to the City Council dated August 11, 2004, and the recommendations and findings of the Anaheim City Planning Commission as set forth in Planning Commission Resolution No. PC2004-83; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), on August 17, 2004, the Anaheim City Council, as lead agency for the Proposed Actions, based upon the Initial Study prepared in connection with the Proposed Actions (Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130), did consider whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 330, and associated Mitigation Monitoring Programs, unless additional or contraU, information is received during the public hearing, by motion, did find and determined, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal; no new mitigation measures or alternatives are required: that the Proposed Actions are within the Scope of FEIR No. 330: that the previously-certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Proposed Actions, including the subject proposal, and satisfy all of the requirements of CEQA; and, that no further environmental documentation need be prepared for the Proposed Actions. Moreover, future individual development projects and infrastructure improvements which are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the O-H and O-L Zones, will require further environmental review and analysis of potential site specific environmental impacts in conjunction with the processing of discretionary applications; and WHEREAS, the City Council, after due consideration of the recommendations and findings of the Anaheim City Planning Commission, and all evidence, testimony and reports offered at said hearing, does hereby' determine the following facts: 1. That the proposed reclassification would establish a resolution of intent to exclude, the above-described properties within The Platinum Triangle from the I (Industrial), C-G (General Commercial), O-L (Low Intensity Office) and PR (Public Recreation) Zones to the O-H (High Intensity Office) Zone. 2. That ordinances to rezone specific parcels to the O-H (High Intensity Office) Zone will not be adopted until the underlying property owner(s) request finalization of said zone, subject to the following condition which is hereby found to be a necessary' prerequisite to the proposed use of subject properties in order to preserve the safety' and general welfare of the Citizens of the City of Anaheim: "Condition 1. Prior to introduction of an ordinance rezoning any parcel or parcels, the following shall be submitted to the Planning Department: (i) letter from the property owner (or property owners where applicable) or the property owner's authorized agent requesting reclassification to the O-H (High Intensity Office) Zone, (ii) current title report or preliminary title report showing the legal vesting of title and containing a legal description of the property, (iii) map of the property (including scale and dimensions), and (iv) payment of a filing fee in an amount as specified by resolution of the City Council." 3. That the Land Use Element of the Anaheim General Plan designates subject properties for OflSce High. 4. That no development shall occur within The Platinum Triangle that exceeds the maximum allowable development analyzed by E1R No. 330; and, that the maximum amount of office development within that portion of The Platinum Triangle designated Office-Low and/or Office-High by the General Plan shall be no greater than 1.735,000 square feet. 5. That the proposed reclassification of subject properties is necessary' and/or desirable for the orderly and proper development of the community. 6. That the proposed reclassification of subject properties does properly' relate to the zones and their permitted uses locally' established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. 7. That the proposed reclassifications are compatible with surrounding zoning designations and will implement the land use designations set forth for the properties in the City of Anaheim General Plan; and that approval will establish consistent land use and site development standards for the area; and WHEREAS, the City Council does find and determine that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the properties heretofore described should be excluded from the zone in which they are now situated and incorporated in the zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify' certain above-described properties from the I (Industrial), C-G (General Commercial), O-L (Low Intensity Office) and PR (Public Recreation) Zones to the O-H (High Intensity Office) Zone. BE IT FURTHER RESOLVED, that the City Council of the City of Anaheim does hereby find and determine that adoption of this resolution is expressly predicated upon applicant's compliance with the condition hereinabove set forth. Should said 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 this resolution shall not constitute a rezoning of, or a commitmenl by the City to rezone, the subject properties; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion as set forth in Section 18.76.070 (Effect of City Council's Failure to Adopt Rezoning Ordinance) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that the City Council of the City of Anaheim does hereby find and determine that this Resolution is conditioned upon and will take effect upon the effective date of Ordinance 5935 establishing the PTMU Overlay Zone. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of August, 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members NOES: none ABSENT: none ABSTAU~: Council Member Tait Chavez, Hernandez, McCracken CITY O~AHEIM ~ MAYOR OF THE'i~Y~{)_ F ANAHEIM 55257 2 mgordon,Augusl II, 201}4 Exhibit A 507 918 916 ' KATELLA AVENUE Reclassification No. 2004-00127 Area 1 Property Description Subject Property Scale: Graphic Q.S. No. 97/107 Area 2 1466-1 Exhibit B KATELLA AVENUE GENE AUTRY WAY Reclassification No. Area 3 Area 4 2004-00127 Property Description Subject Property Scale: Graphic Q.S. No. 98/108 1466-2 Exhibit C / /' / / HOWELL AVE SINCLAIR \ Reclassification No. Area 5 Area 6 2004-00127 Property Description Subject Property Scale: Graphic Q.S. No. 117 1466-3 Exhibit D ORANGEWO¢ TOWNE CENTRE PL 1558' / / / Reclassification No. Area 7 2004-00127 Property Description Subject Property Scale: Graphic Q.S. No. 119 1466-4