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Resolution-PC 2007-79~ . RESOLUTION NO. PC2007-79 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCfL RESCIND,IN PART, RESOLIJTION N0: 2004-180 AND ' THAT PETITION FOR RECLASSIFICATION N0. 2007-00207 BE GRANTED, UNCONDITIONALLY (2210-2220 EAST ORANGEWOOD AVENUE AND 2130 AND 2231 DUPONT DRIVE) WHEREAS, The Platinum Triangie comprises approximately 820 acres located at the confluence of the Interstate 5 Freeway and the SR-57 Freeway in the City of Anaheim, County of Orange, State of California,' generaAy east of the interstate 5 freeway, west of the Santa Ana River channel and SR-57 Freeway, west of,the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement; and the 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 setforth in full; and WHEREAS, on August 17,'`2004, the City Council of#he City of Anaheim adopted The Platinum , Triangle Mastertand Use Plan by its Resolution No.2004-178 and The Platinum Triangle Standardized Development Agreement by its Resolution No. 2004-179, and on Augusf 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 tVo: 2004-180 approving Reclassification No. 2004-00127, declaring and indicating its intention to amend the Zoning Map'of the City of Anaheim and #o rezone and reclassify certain properties; as described therein, from the l(Industrial), GG (General Commercial), 0-L (Low lntensity Office) and:PR (Public Recreational) Zones to the 0-H (High Intensity Office) Zone; and WHEREAS, the Anaheim City Planning Commission did receive a verified petition 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 7he Platinum Triangle Mixed Use (PTMU) Overtay 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. 2007-00057 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, and (vi) . approve and adopt Development Agreement No. 2007-00001; and WHEREAS, Reclassification No. 2007-00207 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 the subject property, and reclassify the subject property from the I(Industrial) Zone to the I(PTMU Overlay) (Industrial - Platinum Triangle Mixed Use Overlay) Zone; and WHEREAS, the subject property encompassed by Reclassification No. 2007-00207 comprises approximately 3.8-acres of real property Iocated in The Platinum T~iangle, 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; 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 requiretl 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, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said Mearing, does find and ' determine the following facts: CR\PC2007-79 -1- PC2007-79 . ~ 1. `That subject property, whicli comp~ises approximately 3.8-acres, is currently developed with industrial buildings; and that the Land Use Element of the Anaheim Generai Plan designates the property for , Office-High land uses. 2. That rescinding, in part, the resolution of intent to reclassify the above-described property,to the 0-H (High intensity Office) Zone is required in conjunction with the proposed reclassification of the subject property to thel(PTMU Overlay) (Industrial - Platinum Sriangle Mixed Use Overlay) Zone. 3. That General Pian Amendment No. 2006=00445 to amend the Land Use Element of the Generaf 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; Miscellaneous Case No: 2007-00202 to amend ThePlatinum Triangle Master Land Use Pfan to establish the Orangewood District; Zoning Code AmendmentNo. 2007-00057 to amend the Platinum Triangle Mixed Use (PTMU) Overiay Zone (Chapter 18.20 of the Anaheim Municipal Code) to establish the Orangewood District; Conditional Use Permit No: 2007-05222 to construct a 20-story, 311-foot, high-rise o~ce building and to ' permit sales of alcoholicbeverages#or on-premises consumption in a proposed restaurant; and approve and adopt'Development Agreement No. 2007-00001 are being considered in conjunction with Reclassification No. 2007-00207: 4. 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) (lndustriai - Platinum Triangle Mixed Use ` Qverlay) Zone, Orangewood District." 5. That the Anaheim General Plan designates subject property for Office High land uses and the proposed 1(PTMU Overlay) (Industrial - Platinum Triangle Mixed Use Overlay) Zone is an appropriate implementation zone for this land use designation as the proposed establishment of the Orangewood District implements the Office High land use designation. 6. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 7. That the proposed reclassification of subject property 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 because it would result in a residential project that is consistent with the type of housing envisioned for the area. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. A person spoke`about issues and a person spoke with concerns pertaining to the subject request, and a letter of concern was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That 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 Na 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 said Reclassification. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby recommend that the City Council rescind, in part, Resolution No. 2004-180 pertaining to Reclassification No. -2- PC2007-79 • ~ 2004-00.127 as it pertains to the subject property, and reciassify the subject property from the I(Industrial) Zone `to the l(PTMU Overlay) (Industrial - Platinum Triarigle Mixed Use Overlay) Zone. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve the subject petition forReclassification to authorize an amendment to the Zoning Map of the Anaheim Municipai Code fo exclude the above-descri6ed property,from the I(Industria{) Zone and to incorporate said described property into the l(PTMU) (Industrial- Platinum Triangle Mixed Use Overlay) Zone. BE 1T FURTHER RESOLVED that the approvat of Reciassification No: 2007-0207 is contingent upon the approval of General Plan Amendment No. 2006-00445, Amendment to the Platinum Triangle Master Land Use Pian (Miscellaneous Case No. 2007-00202), and Zoning Code Amendment Na'2007-00060, now pending. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the'subject property; 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 Cify Council at its sole discretion. BE IT FURTHER RESOLVED that the applicant is responsible for paying alf charges related to the processing of this discretionary case application within 15 days of the issuance of the finaf invoice or prior to the issuance of building permits for this project, whicheVer occurs ~rst. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 23, 2007. 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 Councit Resolution in the event of an appeaL CHAIR AN, AHEIM PLANNI OMMISSION ATTEST: ~.%u~~-- /~z~'~~ 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 the Anaheim Planning Commission held on July 23, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMlSSIONERS:. FLORES, ROMERO IN WITNESS WMEREOF, I have hereunto set my hand this f 3~ day of d ~~ vS ~