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Resolution-PC 2005-122. ~ ~ RESOLUTION NOr PC2005-122 ' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND A PORTION OF CHAPTER 18.20 "PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE" (ZONING CODE AMENDMENT NO. 2004-00036) ' WHEREAS, the Zoning Code was originaily adopted in 1929 and has been updated a number of times over the years; and WHEREAS, pursuant to Chapter 18,76 (Zoning Amendments) of the Anaheim Municipal Code, ' provisions of Title 18 may be amended whenever the public necessity and convenience and the general welfare require, when adopted by an ordinance of #he City Councii in the manner prescribed by law; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provitles residents; visitors and employees with a variety of housing; " employment, shopping and entertainment opportunities #hat are accessed by arterial highways, transit systems and pedestrian promenades (setforth;in Goal 15.1 of#he Land Use Element); 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 August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by Resolution No.2004-178 and The Platinum Triangle Standardized Development Agreement by 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, the Zoning Code implements the General Plan; and WHEREAS, the Planning Commission makes recommendations to the City Council ' regarding Zoning Code Amendments; and WHEREAS, on March 7, 2005, the Anaheim Planning Commission by motion, initiated applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005-00115 to rescind in-part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134; and, on June 13, 2005, initiated General Plan Amendment No: 2004- -` 00420 (Tracking No. GPA 2005-00432) (hereinafter collectively referred to as the "Project Discretionary . Actions"); and WHEREAS, Zoning Code Amendment No. 2004-00036 is a'request for Planning Commission to recommend to the City Council adoption of an amendment tothe PTMU OverlayZone to incorporate the following: an adjustment to the boundaries of the mixed-use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the P7MU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor' commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District); and, additional technical refinements and clarifications, including, but notlimited to, refinements to density descriptions to reflect the above-noted Cr\PC2005-122 _1- PC2005-122 ` ~ • changes and other City Code requirements, which amendments are attached hereto in a strike-but format marked Exhibit 1 to this Resolution, and which is incorporated'herein by this reference as if set forth in fuli; WHEREAS, on July 25, 2005, the Planning Commission, by Resolution'No. PC2005-105 recommended that City Council approve General Plan Amendment No. 2005-00435 to amend the-Land Use Element to modify "Table1U-4: General Plan Density Provisions for SpecificAreas of the City." to increase the maximum overall commercial density for The Platinum Triangle Mixed-Use designation from 2,044;300 to'2,049,908 square feet representing a total increase of 5,608 square feet, which separate amendment is currently in process in connection with recommendations to the City Gouncil of approval of ` - Miscellaneous Case No. 2005-00113 to amend The:Platinum Triangle Master Land Use Plan, Zoning Code Amendment No: 2005-00044, Conditional Use Permif Na 2005-04967, Tentative Tract Map No. 16800 and Development'Agreement Na 2005-00004 to permit fhe development of the D.R. Horton project at 2100 E. " Katella Avenue; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 22, 2005, at 2:30 p.m:, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Ghapter 18.60 (Procedures),'to hear and consider evidence for and against the Platinum Triangle Mixed Use Overlay Zone and to investigate and make findings and recommendations in connection therewith;, and WHEREAS, the Planning Commission,having reviewed and considered the amendments to Ghapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Zoning Code (Zoning Code Amendment Na 2004-00036) has determined that thepublic necessity and convenience and the general welfare require'its amendment based upon the following findings: 1. That the proposed amendments to the PTMU Overlay Zone are consistent with the Planning Commission's Resolutions recommending #hat the City Council adopt General Plan Amendment No. 2004- 00420 (Resolution No. PC2005-120), Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master Land Use Plan (Resolution No. PC2005-121) and Miscellaneous Case No. 2006-00114 to, by motion, amend the form of The Platinum Triangle Standardized bevelopment Agreement. 2. That the proposed amendments implement the Anaheim General Plan and provide for increased housing and commercial opportunities, as set forth in the staff report to the Planning Commission dated August 22, 2005: 3. That the proposed amendments reflect clarifications and refinements to reflect development factors and design trends that have been identified since the adoption of the PTMU Overlay Zone in September, 2004. 4. That in the event the City Council approves General Plan Amendment No. 2005-00435 pertaining to a modification to the General Plan Land Use Element "Table LU-4: General Plan Density, Provisions for Specific Areas of the City" to increase the commercial square footage allocated for The < Platinum Triangle Mixed-Use designation by 5,608 square feet, that the overall total commercial square footage permitted in The Platinum Triangle Mixed-Use designation by the subject General Plan Amendment No. 2005-00420 shall not exceed 2,254,400 square feet consistent with the amounf of square footage analyzed in FSEIR No. 332. 5. That one person spoke with concerns relating to the subject request; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Zoning Code Amendment No. 2004-00036 in connection with General Plan Amendment No. 2004-00420, Miscellaneous Case Nos: 2004-00089, 2005-00114 and 2005-00115 and Reclassification No. 2004-00134 and, by its Resolution No. PC2005-119, did find and recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City Council's: public hearing on the Project, certify FSEIRNa 332 and adopt a Statement of Findings of < Fact and Stafement of Overriding Considerations and the Updated' and Modified Mitigation Monitoring -2- `pC2005-122 ~ ~ Program No. 106A, and determine that FSEIR No. 332 fuliy compiies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required enVironmental documentation for the Project, including the Project Implementation Actions and Discretionary Actions to the extent authorized by law. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby recommend that an ordinance be prepared reflecting the proposed amendments to Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Zoning Code (Zoning Code Amendment No. 2004- 00036) and that the City Council approve said Ordinance. 1. That this Zoning Code Amendment No. 2004-00036 is granted,expressly conditioned upon adoption of General Plan Amendment No. 2004-00420; Miscellaneous Case No.2004-00089 to amend The Platinum Triangle Master Land Use Plan and Miscellaneous Case Na 2005-00114 to amend The Platinum Triangle Standardized Development Agreement: . BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressty predicated upon adoption of the actions hereinabove set forth in Condition No. 1. Should such condition; or any part fhereof, 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 22, 2005. 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 PRO TEMPORE, ANAHEIM PLANNING COMMISSION ATTEST: /`~ SENIOR SECRETARY, ANAHEIM PLANNWG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of #he Anaheim Planning Commission held on August 22, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VELASQUEZ If~ WITNESS WHEREOF, I have hereunto set my hand this ~~ day of iC , 2005. %~~/f,~,~:' SEN10R SECRETARY; ANAHEIM PLANNING COMMISSION -3- PC2005-122