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2005-211 RESOLUTION NO. 2005-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2005-00434, PERTAINING TO THE LAND USE ELEMENT WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, the Anaheim City Planning Commission did receive verified petitions for an amendment to the Land Use Element of the General Plan, designated as General Plan Amendment No. 2005-00434 to re-designate an approximately 10.4-acre property from the Office- High land use designation to the Mixed-Use land use designation; Zoning Code Amendment No. 2005-00042; Amendment to The Platinum Triangle Master Land Use Plan (Misc. Case No. 2005- 00111); Conditional Use Permit No. 2005-04999; Development Agreement No. 2005-00008; and Miscellaneous Case No. 2005-00116 to rescind in-part Resolution No. 2004-180 and Reclassification No. 2005-00164, pertaining to The Platinum Triangle; and WHEREAS,pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the General Plan may be amended whenever the public necessity and convenience and the general welfare require such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and WHEREAS, on August 22,2005,the Anaheim City Planning Commission did hold a public hearing to consider a General Plan Amendment, designated as General Plan Amendment No.2005-00434,notice of said hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60,to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said General Plan Amendment No. 2005-00434 proposes to amend "Figure LU-4" of the Land Use Element of the General Plan to re-designate an approximately 10.4-acre site, shown as the darker shaded area on the map marked as Exhibit "A" and as further described in Exhibit"B",both of which are attached hereto and incorporated herein by this reference, from the Office-High land use designation to the Mixed-Use land use designation; and WHEREAS, at said public hearing, the Anaheim City Planning Commission did adopt its Resolution No. PC2005-126 containing a report of its findings,a summary of the evidence presented at said hearing, and recommending that General Plan Amendment No. 2005-00434 be adopted by the City Council; and WHEREAS, the Anaheim City Planning Commission has reviewed the proposal to amend the Land Use Element of the General Plan to re-designate an approximately 10.4-acre site from the Office-High land use designation to the Mixed-Use land use designation, and did recommend,by its motion,that the City Council,based on its independent review of the Initial Study prepared in connection with the proposed General Plan Amendment No. 2005-00434, and the requirements of California Environmental Quality Act ("CEQA"), including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines,and unless additional or contrary information is received during the public meeting, find and determine that Final Subsequent Environmental Impact Report No. 332 ("FSEIR No. 332"), including the Statement of Findings of Fact and Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle,as revised to add new mitigation measure MM 5.10-7,and an addendum to FSEIR No.332,together with Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for the proposed Amendment and satisfy all the requirements of CEQA; and that no further environmental documentation need be prepared for the proposed General Plan Amendment; and WHEREAS,upon receipt of said Resolution No.PC2005-126,summary of evidence, report of findings and recommendations of the Anaheim City Planning Commission, the City Council did fix the 27th day of September, 2005, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed General Plan Amendment No. 2005- 00434 and did give notice thereof in the manner and as provided by law; and 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 General Plan Amendment No.2005-00434,as described above,should be approved,and that the evidence presented shows that all of the conditions exist as set forth in Subsection .030 of Section 18.68.050 of the Anaheim Municipal Code; 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 motion,did find and determine, based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for General Plan Amendment No. 2005-00434, 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 FSEIR No. 332, including the Statement of Findings of Fact and Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle, as revised to add new mitigation measure MM 5.10-7, and an addendum to FSEIR No. 332, together with Mitigation Monitoring Plan No. 138, are adequate to serve as the required environmental documentation for said General Plan Amendment and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this General Plan Amendment. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that General Plan Amendment No. 2005-00434 be, and the same is hereby, approved, to amend "Figure LU-4" of the Land Use Element of the Anaheim General Plan to re-designate an approximately 10.4-acre property from the Office-High land use designation to the Mixed-Use land use designation. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25thday of October 2005, by the following roll call vote: AYES: Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: Mayor Pringle CITY OF ANAH By r . JP .f MAYOR OF THE C III,Y OF : HEIM ATTEST MAYOR PRO TEM ,' C Y OLE ' OFT E CITY OF ANAHEIM 59342.v 1/mgordon/09.20.05 3 EXHIBIT A- PROPOSED LAND USE DESIGNATION ACRES MIXED USE 9.88 I I OFFICE HIGH MIXED USE I I KATELLA AVENUE (Stadium Smartstreet) 1 • MIXED - MIXED USE USE ; OFFICE HIGH r4," ,,"'�h ,,,,, ,y Y '2 _';'.!$ .. — � µ, Vert'n MIXED USE' -0- /I m �;L`tom— / -*TN k��f d Pk v 5 ' \ ,_ ( 11F-419PARMkCiti h iliYffYYV,f SJ4it p.....,. LL, 11;: $1 W—OFFICE HIGH Mtf � ',-' e � t 'H,. a QX , 4>T ,�.er4 o atMIXED USE u, Z rx # 'rge� i m i3^Zof cc.> illig kA.,h,:.E9rit--N1 org- 1:4,-.1'.. .1t..,' _ V OFFICE HIGH ,. GENE AUTRY WAY (Primary) ` \ , 1� OFFICE HIGH MIXED USE General Plan Amendment No. 2005-00434 Land Use Element EXHIBIT B Site 2 Legal Description Parcels 2 through 9, inclusive, of Block "A" in City of Anaheim, County of Orange, State of California as shown on a map filed in Book 104, Page 12 of Parcel Maps, in the Office of the County Recorder of said county,together with a portion of the east half of the northwest quarter of the northeast quarter of Section 26,Township 4 South, Range 10 West in Rancho San Juan Cajon De Santa Ana, as shown on a map recorded in Book 51, Page 10 of Miscellaneous Maps, Records of said county, described as follows: Beginning at the northwest corner of said east half, said point being a point in the centerline of a 120.00 foot wide street shown as Katella Avenue on a Parcel Map filed in Book 81, Page 32 of said Parcel Maps, said centerline being the north line of said Section 26; thence easterly along said centerline South 89°07'46" East 300.07 feet to a line which is parallel with a 300.00 feet easterly of westerly line of said northeast quarter; thence along said parallel line South 0°24'01" East 60.01 feet to the southerly right of way of said 120.00 foot wide street and the northwesterly corner of Parcel 1 of said Parcel Map; thence along the boundary of said Parcel 1 the following courses: South 0°24'01" East 507.12 feet, South 89°07'46" East 299.23 feet to a non-tangent curve concave northwesterly having a radius of 124.00 feet, a radial line to the beginning of said curve bears South 56°58'12" East, said curve being in the easterly line of said Block "A"; thence along said boundary the following courses: southwesterly along said curve 32.51 feet along said curve through a central angle of 15°01'17", tangent from said curve South 48°03'05" West 3.40 feet to a tangent curve concave southeasterly having a radius of 176.00 feet, southwesterly 144.86 feet along said curve through a central angle of 47°09'25", non-tangent from said curve South 0°53'38"West 504.57 feet to the right of way to the State of California as described in the deed recorded October 5, 1998 as Instrument No. 19980672731 of Official Records of said county; thence along said right of way the following courses: South 51°57'39" West 40.48 feet, North 79°09'17" West 85.74 feet to a tangent curve concave southerly having a radius of 307.01 feet, westerly 53.46 feet along said curve through a central angle of 9°58'40", tangent from said curve North 89'07'57" West 23.50 feet, North 45°32'32" West 37.74 feet to the easterly right of way of a 64.00 foot wide street shown on said Parcel Map as Betmor Lane and North 89°08'40" West 32.00 feet to the centerline of said Betrnor Lane; thence leaving said State of California right of way along said centerline North 0°58'00" East 140.55 feet to a line which is perpendicular to said centerline and runs through the southeast corner of Parcel 2 of said Block "A"; thence North 89°02'00" West 32.00 feet to said southeast corner of said Parcel 2; thence westerly along the southerly line of said Parcel 2 North 89°06'54" West 224.70 feet to the westerly line of said Parcel Map, said line being the westerly line of the northeast quarter of said Section 26; thence northerly along said westerly line North 0°24'01" West 1067.39 feet to the Point of Beginning. Containing an area of 10.871 acres more or less.