RES-2008-039RESOLUTION NO. 2008 -039
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING GENERAL PLAN
AMENDMENT NO. 2007-00454, PERTAINING TO THE
LAND USE ELEMENT, CIRCULATION ELEMENT,
GREEN ELEMENT AND PUBLIC SERVICES AND
FACILITIES 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 City Council initiated (i) General Plan Amendment No. 2007 00454;
(ii) Zoning Code Amendment No. 2007 00056; (iii) an amendment to The Platinum Triangle Master
Land Use Plan (MIS2007- 00188); (iv) Reclassification No. 2007 00196; (v) an amendment to The
Platinum Triangle Standardized Development Agreement (MIS2007- 00203); and (vi) further
discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006 -00334
(the "Draft SEIR pertaining to The Platinum Triangle (herein collectively referred to as the
"Project 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 December 10, 2007, the Anaheim City Planning Commission did
hold a public hearing to consider a General Plan Amendment, designated as General Plan
Amendment No. 2007 00454, 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, the General Plan Amendment No. 2007 -00454 proposes to amend the
Anaheim General Plan, as follows:
1. Land Use Element.
(a) Amend "Figure LU -4: Land Use Plan" of the Land Use Element
of the General Plan as shown on Attachments "A -1" and "A -2"
attached hereto and incorporated herein by this reference.
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(b) Amend "Table LU -4: General Plan Density Provisions for
Specific Areas of the City" of the Land Use Element of the General
Plan as shown in Attachment `B" attached hereto and incorporated
herein by this reference.
2. Circulation Element.
(a) Amend "Figure C -1: Planned Roadway Network" of the
Circulation Element of the General Plan as shown on Attachments
"C -1" and "C -2," and as further described in Attachment "C -3,"
attached hereto and incorporated herein by this reference.
(b) Amend "Figure C -5: Existing and Proposed Bicycle Facilities" of
the Circulation Element of the General Plan as shown on Attachments
"D -1" and "D -2" attached hereto and incorporated herein by this
reference.
3. Green Element.
(a) Amend "Figure G -1: Green Plan" of the Green Element of the
General Plan as shown on Attachments "E -1" and "E -2" attached
hereto and incorporated herein by this reference.
4. Public Services and Facilities Element.
(a) Amend "Figure PSF -1: Fire and Police Facilities Map" of the
Public Services and Facilities Element of the General Plan as shown
on Attachments "F -1" and "F -2" attached hereto and incorporated
herein by this reference.
WHEREAS, at said public hearing, the Anaheim City Planning Commission did
adopt its Resolution No. PC2007 -235 containing a report of its findings, a summary of the evidence
presented at said hearing, and recommending that General Plan Amendment No. 2007 -00454 be
adopted by the City Council; and
WHEREAS, the Anaheim City Planning Commission has reviewed the proposed
amendment to the General Plan, designated as General Plan Amendment No. 2007 00454, and did
find and determine and recommend, by its Resolution, that the City Council, based upon its
independent review of Final Supplemental Environmental Impact Report No. 334 "Final SEIR
and unless additional or contrary information is received during the City Council's public hearing on
the Project, certify the Final SEIR and adopt the Statement of Findings of Fact and Statement of
Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B,
a copy of each of which is on file with the Planning Department and which are incorporated herein
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by this reference as if set forth in full, and determine that said Final SEIR, together with the
Statement of Findings of Fact and Statement of Overriding Considerations and the Updated and
Modified Mitigation Monitoring Program No. 106B, fully complies with CEQA, reflects the
independent judgment of the City Council and is adequate to serve as the required environmental
documentation for General Plan Amendment No. 2007 00454, and that no further environmental
documentation need be prepared for said General Plan Amendment; and
WHEREAS, the City Council did fix the 1 lth day of December, 2007, 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. 2007 -00454 and did give notice thereof in the manner and as provided
by law; and
WHEREAS, on December 11, 2007, 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 at said hearing; and
WHEREAS, on December 11, 2007, the City Council, after due inspection,
investigation and studies made by itself and in its behalf and after due consideration of all evidence
and reports offered at said hearing, did adopt its Resolution No. 2007 -235 approving General Plan
Amendment No. 2007 00454; and
WHEREAS, thereafter, on December 27, 2007, after the City Council adopted its
Resolution No. 2007 -235 approving General Plan Amendment No. 2007 00454, but within the time
prescribed by law, an opponent of the Project, Citizens for Responsible Equitable Environmental
Development "Appellant did appeal the Planning Commission's decision to the City Council; and
WHEREAS, the following described litigation has been filed, and is currently
pending, seeking to (i) set aside the actions taken by the City Council relating to the Project, and (ii)
compel the City of Anaheim to conduct a further public hearing on Appellant's appeal "before final
approval of the proposals made for the Project may be granted:" Citizens for Responsible Equitable
Environmental Development v. City of Anaheim, Orange County Superior Court Cases No. 30 -2008-
00103422; and
WHEREAS, the City Council, in response to the request for appeal and the civil
action filed by Appellant did set the Project for a further de novo public hearing, which public
hearing was duly noticed in the manner provided by law; and
WHEREAS, the City Council did fix the 8th day of April, 2008, as the time, and the
City Council Chamber in the Civic Center as the place for a further public hearing on the Project
actions, including General Plan Amendment No. 2007 00454, and did give notice thereof in the
manner and as provided by law; and
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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. 2007 00454, 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 resolution, did
find and determine, based upon its independent review and consideration of an Initial Study
conducted pursuant to CEQA for General Plan Amendment No. 2007 00454, 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 Final SEIR No. 334,
together with the Statement of Findings of Fact and Statement of Overriding Considerations and the
Updated and Modified Mitigation Monitoring Program No. 106B, fully complies with CEQA,
reflects the independent judgment of the City Council and is adequate to serve as the required
environmental documentation for General Plan Amendment No. 2007 00454, and that no further
environmental documentation need be prepared for said General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Amendment No. 2007 -00454 to the General Plan be, and the same is hereby,
approved.
BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No. 2007-
235 heretofore approved by the City Council on December 11, 2007.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 8th day of April 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring
NOES: Council Member Galloway
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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CITY OF HEIM
By
MAYOR OF T CIT F ANAHEIM