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Resolution-PC 2004-84. • RESOLUTION NO. PC2004-84 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00128 BE GRANTED WNEREAS, on May 25, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment Na 2004-00419 in conjunction with the appr.oval of Zoning Code Amendment No. 2004-00029, Reclassification No. 2004-00117, Amendment No. 5to the Anaheim Resort Specific Pian No. 92-2 (SPN 2004-00023), Amendment No. 2 to the Northeast Area Specific Plan No. 94-1 (SPN 2004-00024), and other related actions; and adopted Resolution No. 2004-94 certifying Final EIR No. 330,~adopting a 8tatement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and Zoning Code Update, the Updated and Modified Mitigation Monitoring Program Na 106 for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program No. 0085a for the Anaheim Resort Expansion Area) associated with the project ("Final EIR No. 330"); and VIIHEREAS; Generai Plan Amendment No. 2004-00419 provided fora comprehensive citywide General Plan Update which included redesignating land uses within an approximateiy 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to as "The Platinum Triangle") from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed Use, Office High, Office Low, Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (I-5) Freeway, north of Katella Avenue; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision for The Platinum Triangle including providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed-use projects integrating retail, office and higher density residential land uses; encouraging a regional inter-modal transportation hub in proximity to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing , views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River; developing a comprehensive Mixed-Use Overlay Zone and Design Guide(ines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops; and identifying and pursuing opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees; WHEREAS, the adopted General Plan establishes a maximum development intensityfor The' Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), CR/PC2004-084 - -1- PC2004-84 ~ i 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 July 12, 2004, the Anaheim City Planning Commission approved a motion to initiate the following applications and proceedings: Zoning Code Amendment No. 2004-00032 to replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay Zone); Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 to replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) and to adopt a standard Development Agreement to apply to development within the PTMU Overlay Zone; and, Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130 to reclassify properties,within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the 0-H (High Intensity Office) and O-L {Low Intensity Office) Zones to reflect General Plan designations (the "Proposed Actions"); and ' WHEREAS, the Anaheim City Planning Commission's July 12, 2004, motion did include initiation of a petition for Reclassification No. 2004-00128 for certain real properties situated in the City of Anaheim; County of Orange, State of California, and described on the attached map labeled 'Reclassification No. 2004-00128 - Property Descriptions'; and that the general location of each`area is shown on the attached location map labeled `Reclassification No. 2004-00128 - Figure 4(location map).' ~ WHEREAS, the City Plannin'g Commission did hold a public hearing at the CivicCenter ` in the City of Anaheim on August 9, 2004 at 1:30 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, Chapters 18.60 (Procedures) and 18.76 (Zoning Amendments), to hear and consider evidence for and against said proposed 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 hearing, does find and determine the following facts: 1. That this City-initiated proposal will establish a resolution of intent to reclassify certain properties within The Platinum Triangle from the I(Industrial) Zone to the O-L (Low-Intensity Office) Zone. 2. That ordinances to rezone specific parcels to the O-L (Low Intensity Office) Zone will not be adopted until the underlying property owner(s) request finalization of said zone, as conditioned herein. 3. That the Land Use Element of the Anaheim General Plan designates subject properties for Office-Low. 4. That no development shall occur within The Platinum Triangle that exceeds the maximum allowable development analyzed by EIR No. 330; and that the maximum amount of office development , within that portion of The Platinum Triangle designated Office-Low and/or Office-High by the General Plan shall be no greater than 1,735,000 square feet. 5. Thatthe proposed reclassification of subject properties is necessary and/or desirable for ~ the orderly and proper development of the community. 6. That the proposed reclassification of subject properties does properly relate to the zones and their permitted uses locally established in close proximity to subject properties and to the zones and their permitted uses generally established throughout the community. -2- PC2004-84 ~ ~ 7. That 3 people spoke in opposition to the subject request; 2 people spoke with concerns but were not in opposition or in favor, and one person spoke unrelated to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reciassify two irregularly shaped areas located (i) on the south side of the Southern Pacific Railroad and Atchison Topeka & Santa Fe Railway tracks between Lewis Street and State College Boulevard north of Katella Avenue, including properties on both sides of Howell Avenue, and (ii) on the east side of State College Boulevard between Howell Avenue on the north and the Atchison Topeka & Santa Fe Railway tracks on the south, from the I(Industrial) zone to the O-L (Low lntensity Office) zone (Reclassification No. 2004-00128); in conjunction with the proposed Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00129 and 2004-00130; and did recommend, ' by motion, that the City Council, as lead agency for the Proposed Actions, based upon its independent review of the fnitial Study prepared in connection with the Proposed Actions (Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130) and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 33Q, and associated Mitigation Monitoring Programs, unless additional or contrary information is received during the public hearing, find and determine, based upon said lnitial Study and the evidence received at the public hearing, that no additiona( significant effect will result from the proposal; no new mitigation measures or alternatives may be required; that the Proposed Actions are within the Scope of FEIR No. 330; that the previously-certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Proposed Actions, including the subject proposal,`and satisfy all of the requirements of CEQA; and, that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the O- H and 0-L Zones, Initial Studies for those projects shall be prepared in compliance with CEQA requirements to determine whether additional environmental documentation will need to be prepared. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described properties from the I(Industrial) Zone and to incorporate said described properties into the 0-L (Low Intensity Office) Zone upon the following condition which is hereby found to be a necessary prerequisite to the proposed use of subject properties in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. Prior to introduction of an ordinance rezoning any parcel or parcels, the following shall be submitted ~ to the Planning Department: (i) letter from the property owner (or property owners where applicable) or the property owner's authorized agent requesting reclassification to the O-L (Low Intensity Office) Zone, (ii) current title report or preliminary title report showing the legal vesting of title and containing a legal description of the property, (iii) map of the property (including scale and dimensions), and (iv) . payment of a filing fee in an amount as specified by resolution of the City CounciL BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this resolution is expressly predicated upon applicant's compliance with the condition hereinabove set forth. Should said condition, or any part thereof, 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. 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 City Council at its sole discretion as set forth in Section 18.76.070 (Effect of City Council's Failure to Adopt Rezoning Ordinance) of the Anaheim Municipal Code. -3- PC2004-84 ~ . TME FOREGOING RESOLUTJON was adopted at the Planning Commission meeting of August 9, 2004. Said resolution is subject to'the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Codepertaining to ap I procedures and may be replaced by a City Council resolution in the event of an appeal. CHAIR ERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ' /7~Lo~~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. ~ ' CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 9, 2004, by the following vote of the members thereof: , AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VANDERBILT-LINARES / IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of v V S L' , 2004. , /r,~~,o SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION Attachments to this resolution: Reclassification No. 2004-00128 - Property Descriptions Reciassification No. 2004-00128 - Figure 4(location map) -4- PC2004-84 ~ ~ ~ Property Description for Reclassification No 2004-00128 ~ Subject Property Date: August 17, 2004 Scale: 9 " = 200' Q.S. No. 107/117 1467 ~ ~ Reclassification No. 2004-00128 ~ Figure 4 (location map) ~ ~ C~~.....~ A , ~yu~„ ~ ,LJ ;>;:~~:.s . ~`~" RECLASSIFICATION NO. 2004-00128 ~- .~, "`;~' RESOLUTION OF INTENT TO RECLASSIFY PROPERTIES FROM T,HE I(INDUSTRIAL) ZONE TO THE O-L (LOW INTENSITY OFFICE) ZONE. f~~nu . ; The Platinum Triangle . ~ ~~..^.. Date: August 9, 2004 Scale: Graphic 1418b