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Resolution-PC 2005-128. ~ , RESOLUTION NO. PC2005-128 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION - ' RESCINDING, IN PART, RESOLUTION NO. PC2004-83 AND RECOMMENDING THAT CITY COUNCIL RESCIND, IN-PART, RESOWTION N0.2004,-180 (MISCELLANEOUS CASE NO. 2005-00116) WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a . comprehensive update to the Anaheim General Plan byResolution No. 2004-95, which plan may be amended #rom time to time; 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, The Platinum Triangle comprises approximately 820 acresiocated at the confluence of the Interstate 5 Freeway and the SR-57 Freeway in the City of Anaheim, County of Orange, State of California, generally east of the lnterstate 5 Freeway, west of the Santa Ana River channef and SR- 57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area and which area is further depicted in Figure "LU-5: Areas of the City with Special Density Limitations" of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and WHEREAS, the City did receive a verified petition for Miscellaneous Case Na 2005-00 9 1 6 in connection with General Plan Amendment No. 2005-00434, Zoning Code Amendment Na 2005-00042, Miscellaneous Case No. 2005-00111, Reclassification No. 2005-00164 and Conditional Use Permit No. 2005-04999, (hereinafter collectively referred to as the "Discretionary Actions"); and WHEREAS, the subject properties encompassed by the Discretionary Actions comprise approximately 41.4 acres in The Platinum Triangle generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane and further identified as Site 1(Site 1 encompasses approximately 31 acres located at 1200-1558, 1700 and 1800 East Katella Avenue, 1301-1395 and 1551 Gene Autry Way, 1870, 1871, 1880, 1881, 1890, 1891, 1900 and 1901 South Chris Lane, 1833 and 1841 South State College Boulevard, 1800 and 1801 East Talbot Way) and Site 2(Site 2 encompasses approximately 10.4 acres located at 1871, 1881, 1891, 1901, 1870 1880, 1890, 1900, 1901 and 1910 South Betmor Lane and 1100 East Katella Avenue); and WHEREAS, Miscellaneous Case No. 2005-00116 to rescind in part, Resolutions of lntent - pertaining to the reclassification of the subject property from the I(Industrial) Zone to the O-H (High Intensity Office) Zone is proposed for Site 2 as further described in Exhibit 1 attached hereto to this Resolution and which is incorporated herein by this reference as if set forth in full; 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 Na 2004-179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zoneby OrdinanceNo. 5935; and WHEREAS, the adopted General Plan and The Platinum Triangle Master Land Use Plan designate Site 2(the "subject property') for Office-High land uses; and WHEREAS, on August 9, 2004, the Anaheim Planning Commission adopted Resolution No. PC2004-83 approving Reclassification No. 2004-00127, establishing a resolution of intent to reclassify ' certain properties within The Platinum Triangle and identified on exhibits attached to said Resolution from the I(Industrial), C-G (General Commercial) and 0-L (Low Intensity O~fice) Zones to the O-H (High mtensity Office) Zone`and the subject property from the I(Industrial) Zone #o the 0-H (High lntensity Office) Zone; and CR\PC2005-128 -1- PC2005-128 • • WHEREAS, on August 17; 2004, the City Council adopted Resolution No. 2004-180 approving Reclassification No. 2004-00127, establishing a resolution of intent to reclassify certain properties , within The Platinum Triangle and identified on exhibits attached to said Resolution from the I(Industrial); GG (General Commercial) and 0-L (Low Intensity Office) Zones to the 0-M (High Intensity Office) Zone and the subject property from thel (Industrial) Zoneto the-0-H (High lntensity Office) Zone; and WHEREAS, Miscellaneous Case No. 2005-00116 pertains to a request for Planning Commission to rescind, in part, Resolution No. PC2004-83 and recommend that the City Council rescind, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127;in orderto rescind resolutions of intent pertaining to the reclassification of the subject property from the I(Industrial) Zone to the 0-H (High Intensity Office) Zone; and WHEREAS, in conjunction with Miscellaneous Case No. 2005-00116, the applicant is proposing a General Plan Amendment (GPA2005-00434) and Reclassification (RCL2005,00164) of the subject property for incorporation into the Mixed Use land use designation and Platinum Triangl,e Mixed Use' Overlay Zone respectively; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Genter in the City of Anaheim on September 7, 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 state law, to hear and consider evidence for and `against the rescission, in part, of Resolution No. PC2004-83 and recommending to the City Council, rescission; in part, of Resolution No. 2004-180; and WHEREAS, said Commission, after due inspection, investigation and study madeby itself ~and in its behalf, and after due consideration of all evidence and reports offered at said hearing,'does find and determine the following facts: 1. That the subject property, which comprises approximately 10.4 acres; is currentlydeveloped with industrial buildings, and that the Land Use Element of the Anaheim General Plan designates the property for Office-High land uses. 2. That General Plan Amendment No. 2005-00434 (to redesignate the subject property from the Office-High to the Mixed-Use land use designation in The Platinum Triangle) is being considered in conjunction with proposed Reclassification No. 2005-00164 (to reclassify the subject property from the I (Industrial) Zone to the I(PTMU Overlay) (Industrial - Platinum Triangle Mixed Use Overlay) Zone) and amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No: 2005-00111) and the Platinum 7riangle Mixed Use Overlay Zone (Zoning Code Amendment No. 2005-00042). 3. That the Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone, as proposed for amendment, designate the subject property as "I (PTMU Overlay), Katella District (the maximum residential density and allowable commercial and office square footage in the Katella District is not proposed to be increased in connection with said amendments to the PTMLUP and the PTMU Overlay Zone). 4. That the approved resolution of intent to the O-H (High Intensity Office) Zone as approved per Reclassification No. 2004-00127 for the subject property is not consistent with the proposed General Plan, Platinum Triangle Master Land Use Plan, and PTMU Overlay Zone amendments or with the proposed Reclassification No. 2005-00164. 5. That rescinding, in part, the resolution of intent to reclassify the above-described property to the O-H (High Intensity Office) Zone is required in conjunction with the proposed reclassification of the subject property to the I(PTMU Overlay) Zone. 6. That 4 people expressed their support to the subject petition, and that no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Miscellaneous CaseNo. 2005-00116 in conjunction with Reclassification No. 2005-00164, General Plan Amendment No. 2005-00434, Miscellaneous Case Nos. 2005-00111, and, Zoning Code Amendment No. 2005-00042, Conditional Use Permit No. 2005-04999 and Development Agreement No. 2005-00008 (collectively, the "Project Discretionary Actions") and, by its motion, based upon its independent review of aIl evidence received at the public hearing, including an Initial Study conducted -2- ' PC2005-128 i i pursuant to CEQA for the Project Discretionary Actions (the "Initial Study') and an Addendum to FSEIR Na 332 (the "Addendum") prepared for theProject Discretionary Actions did find, and further recommend that the City Council, as lead agency for the Project, unless additional or contrary information is received during the City CounciPs public hearing on the Project and pending City CounciPs certification of FSEIR Na 332 along with adoption of a Statement of Findings and Fact; a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for CityCouncil consideration on September 27, 2005), determine and find, pursuant to the provisions of the California Environmental Quality Act ("CEQA"}, based upon the City Council's independent review of the Initial Study and Addendum and the ' evidence received af the public hearing, that the certified FSEIR No. 332, together with its Addendum and Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the Project Discretionary Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Rescission. NOW, THEREFORE, BE ITRESOLVED that the Anaheim CityPlanning Commission does hereby rescind, in-part, Resolution No. PC2004-83 (a resolution of the Anaheim Planning Commission recommending that the City Council adopt the resolution of intent to the 0-H (High Intensity Office) Zone) (Resolution No. PC2004-83) (Reclassification No. 2004-00127) as it pertains to the subject property; and 1. That this approval is granted expressly conditioned upon adoption of General Plan Amendment No. 2005- 00434; Miscellaneous CaseNo. 2005-00111 to amend The Platinum Triangle Master'Land Use Plan, Reclassification No: 2005-00164, Zoning Code Amendment No. 2005-00042, Conditional Use Permif No. 2005- 04999, Development Agreement No. 2005-00008 and certiflcation of FSEIR No. 332 and approval of its Addendum. NOW, THERE~ORE, BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby recommend that the City Council, rescind, in-part, Resolution No. 2004-180 (a resolution of intent to reclassify certain properties within the I(Industrial) Zone to the 0-H (High Intensity Office) Zone (Reclassification No. 2004-00127) as it pertains to the subject property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 7, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to eal procedures. CHAIRMAN PRO EMPORE, ANAHEIM PLANNING COMMISSION ATTEST: . SENIOR SECRETARY, ANAHEIM PLANNING 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 the Anaheim Planning Commission hetd on September 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN ~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of c o ~ , 2005. ~-~- i'y~~ ~~ , SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005-128