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Resolution-PC 2005-130~ • RESOl.UTION NQ. PC2005-130 . A RESOLUTION OF THEANAHEIM PLANNING COMMISSION - RECOMMENDING THAT THE CITY COUNCIL`AMEND A PORTION OF CHAPTER 18.20 `PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE" AND CHAPTER 18.92 °~DEFINITIONS" ' (ZONING CODE AMENDMENT NO. 2005-00042) WHEREAS, the Zoning Code was originally adopted in 1929 and has been updated a number of times overthe years; and ' WHEREAS, pursuanf to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code„ provisions of Title 18 may be amended whenever the public necessity and convenience and the general welfare require; when adopted by an ordinance of the City Council in #he manner prescribed by law; 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 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 a maximum floor area _ ratio of 3.0; 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 Na 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, the Zoning Code implements the General Plan; and WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zoning Code Amendments; and WHEREAS, on August 22, 2005, the Anaheim Planning Commission approved and recommended approval of applications 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 No. 2005-00114 to amend The Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005- 00115 to rescind in-part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training Center site and Reclassification No. 2004-00134 (scheduled for City Council consideration on September 27, 2005); and , WHEREAS Zoning Code Amendment Na 2004-00036 identified above included an adjustment to the boundaries of the mixed-use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,100 square feet of this square footage would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the Katella and Gene Autry Districts and 20,000 square feet for other commercial uses _ in the Katella District); and, additional technical refinements and clarifications, including, but not limited to, refinements to density descriptions to reflect the above-noted changes and other City Code requirements, and ' Cr\PC2005-130 -1- PC2005-130 • • WHEREAS, Zoning Code Amendment No. 2005-00042 is a request to amend Chapters 18.20 (PTMU Overlay} and 18.92 (Definitions) of Title ,18 (Zoning Code) of the Anaheim Municipal'Code to ; add educational institutions and `condominium hotels as authorized uses subject to the approval of a conditional use permit, amend the minimum size of balconies and add a definition for condominium hotels, which amendments are attached hereto specifically marked in Exhibit 1(educational institutions and condominium hotels provisions) and Exliibit 2(definition of condominium hotel) to this Resolution, and which are incorporated herein bythis;reference as if set forfh in full; and WHEREAS, the applicant had submitted a request to amend Chapter 18.20 to modify park Jand dedication provisions; however, the applicant subsequently withdrew said request; and : WHEREAS; the City 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 hea~ing 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 theproposed Platinum Triangle Mixed Use Overlay Zone amendments and to investigafe and make findings and recommendations in connection therewith; antl WHEREAS, the Anaheim Planning Commission, having reviewed and considered the amendments to Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) and Chapter 18.92 (Definitions) of the Zoning Code (Zoning Code Amendment No.'2005-00042) has determined that the public necessity and convenience and the general welfare require its amendment based upon the following findings 1. That the proposed amendments to the PTMU Overlay'Zone are consistent with the Planning Commission's resolutions recommending that the City Council adopt General Plan Amendment No. 2005-: ' 00434, Miscellaneous Case Nos. 2005-00111 and 2005-00116 to amend The Platinum Triangle Master , Land Use Plan and rescind a resolution of intent to the O-H (High Intensify Office) Zone, Reclassification No. 2005-00164, Conditional Use Permit No. 2005-04999 and Development Agreement No. 2005-00008, 2. That the proposed amendments implement the Anaheim General Plan and provide for ~. potential school opportunities, condominium hotel uses and refinements to high-rise residential tower standards in the PTMU Overlay Zone as set forth in the staff report to the Planning Commission dated September 7, 2005; CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Zoning Code Amendment No. 2005-00042 in conjunction with General Plan Amendment No. 2005-00434, Reclassification No. 2005-00164, Miscellaneous Case Nos. 2005-00111, and 2005-00116, Conditional Use Permit No. 2005-Q4999 and Development Agreement No. 2005-00008 (collectively, the "Project Discretionary Actions") and; by its motion, based upon its independent review of all evitlence received at the public hearing, including an Initial Study conducted pursuant to CEQA for the Project Discretionary Actions (the "Initiat Stud}~') and an Addendum to FSEIR Na 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 Fact, 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 #he evidence received at the pubfic 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 Zoning Code Amendment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby recommend that an ordinance be prepared reflecting the proposed amendments to Chapter 18.20 (Platinum Triangle Mixed Use OverlayZone) and Chapter 18.92 (Definitions) of the Zoning Code (Zoning Code Amendment No. 2005-00042) and that the City Counci(approve said Ordinance. =2- PC2005-130 ~ • 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"'ofthe Anaheim Municipal Code pertaining to appeal pr cedures. CHAIRMAN'PRO TEMPORE,ANA EIM PLANNING COMMISSION ` ' ATTEST: , ~~C~~--- ~~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. : CITY OF ANAHEIM ) 1, 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 thereof: 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 nc.~a~e.r , 2005. ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION