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Resolution-PC 2005-129. , • RESOLUTION NO. PC2005-129 A RESOLUTION OF THEANAHEIM PLANNING COMMISSION : THAT PETITION FOR RECLASSIF(CATION N0. 2005-00164 BE GRANTED WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a comprehensive update to the Anaheim General Plan by Resolution Na 2004-95, which plan may be amended from 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 amaximum floor area ratio of 3.0; and WHEREAS, The Platinum Triangle comprises approximate(y 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, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel 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 #ull; 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 No. 2004-179 and on August 24, 2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, on August 22, 2005, the Anaheim Planning Commission by resolution, recommended approval to the Ci~y Council modifications pertaining to The Platinum Triangle including General ' Plan Amendment No. 2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004- 00089 to amend The Platinum Triangle Master Land Use Plan; Miscellaneous Case Na 2005-00115 to rescind: in-part, a Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134, and by motion, recommended approval to the City Council Miscellaneous - Case No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement; and WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described in attached Exhibit A for property generally referred to as Site 2 and further described as 1871, 1881, 1891, 1870 1880, 1890, 1900, 1901 and 1910 Betmor Lane and 1100 East Katella Avenue; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center 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 the Anaheim Municipal Code, Chapter 18.60 "Procedures", 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 the petitioner proposes reclassification of subject property from the "I" (Industrial) Zone to the "I (PTMU Overlay)" (Industrial - Platinum Triangle Mixed Use Overlay) Zone. 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 the proposed Reclassification Na 2005-00164 (to reclassify the subjecf property from the l(Industrial) Zone to the I(PTMU Overlay) (Industrial - Platinum Triangle Mixed Use Overlay) Zone), amendments to The CR\PC2005-129 -1- PC2005-129 • • Platinum Triangle Master Land Use Plan to reflect the redesignation of the subject property from the Office-Migh ~- ~ to the Mixed-Use land use designation and the incorporation of the property into the PTMU Overlay Zone, Katella'District (Miscellaneous Case No. 2005-00111) and amendments to the Platinum Triangle Mixed Use Overlay Zone (Zoning Code Amendment No. 2005-00042). 3. Reclassification of this site to the Platinum Triangle Mixed Use Overlay Zone would not increase the permitted mixed use density established for the PTMU Overlay Zone. 4. That the Platinum Triangle Master Land UsePlan and the PTMU Overlay Zone,`as proposed for amendment, designate the subject property as "I (PTMU Overlay), Katella DistricY', with no increase in the permitted residential density or commercial or office square footage proposed for said bistrict. ' 5. That the proposed reclassification of subject property is necessary and/or desirable #or the orderly and proper development of the community. 6. That the proposed reclassification of subject property does properly relate to the zones and their' permitted uses locatly established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community. ' ' 7. That the proposed reclassification of subject property requires the dedication and improvement of abutting streets and alleys in accordance with the Circulation Element of the General Plan, due to'the anticipated increase in traffic which will be generated by the intensification of land use. , 8. 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 Reclassification No. 2005-00164 in conjunction with General Plan Amendment No. 2005-00434, Miscellaneous Case Nos. 2005-00111, and 2005-00116, 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 all evidence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the Project Discretionary Actions (the "Initial Study") and an Addendum to FSEIR No. 332 (the "Addendum") prepared for the Project 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 No. 332 along with adoption of a Statement of Findings and Facf, a Statement of Overriding Consideration and the Updated and Modified Mitigation Monitoring Program No. 106A, (scheduled for City Council consideration on September 27, 2005), determine and find, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon the City CounciPs independent review of the Initial Study and Addendum and the evidence received at 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 Reclassification. NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 property from the I(Industrial) Zone and to incorporate said described property into the I{PTMU) (Industrial - Platinum Triangle Mixed Use Overlay) Zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this Reclassification No. 2005-00164 is granted expressly conditioned upon certification of FSEIR No. 332 and approval of the Addendum, and associated Updated and Modified Mitigation Monitoring Program No. 106A, and Mitigation Monitoring Plan No: 138, adoption of General Plan Amendment Nos. 2004-00420 and 2005=00434, amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case Nos. 2004- 00089 and 2005-00111), amendments to the Platinum Triangle Mixed Use Overlay Zone (Zoning Code -2- PC2005-129 • • Amendment Nos. 2004-00036 and 2005-00042), amendments to The Platinum Triangle Standardized `Development Agreement (Miscellaneous Case No. 2005-00114) and rescission, in part, of the Resolution of Intent to reclassify the subject site from the l(Industrial) Zone to the 0-H (High intensity Office) Zone (Miscellaneous Case Na 2005-00116). ' - 2. That fhe ordinance for this reclassification shall not be introduced and adopted unless an ordinance for Development Agreement No. 2005-00008 is concurrently introduced and adopted such that the two ordinances would become effective on the same date. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determinethat adoption of this Resolution is expressly predicated upon General Plan Amendment No. 2004- 00420, The Platinum Triangle Master Land Use Plan Amendment (Miscellaneous Case No. 2004-00089) and Zoning Code Amendment No. 2004-00036 and Amendment to The Platinum TriangleStandardized ' Development Agreement {Miscellaneous Case No. 2005-00114) and on applicanYs compliance with each and . all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by#he'final judgment of any court of competentjurisdiction, 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. 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'`Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL , CHAIRMA RO TEMPORE, ANAHEIM PLANNING COMMISSION ATTEST: . ~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ' STATE OF CAUFORNIA ) 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 September 7, 2005, by the following vote of the members thereofi 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 0 ~ t"o b t r, 2005. ~ /7Yi-yr+~'t.- i~ ~ i~o SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005-129