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Resolution-PC 2007-153~ RESOLUTION NO. PC20Q7-153 ~ A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL RESCIND, IN PART, RESOLUTION NO. 2004-180 AND THAT PETITION FOR RECLASSIFICATION NO. 2007-00196 BE GRANTED, UNCONDITIONALLY WHEREAS, The Platinum Triangle comprises approximately 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, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement, and the 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 full; and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The Platinum Triangle Master Land Use Plan by its Resolution No.2004-178 and The Platinum Triangle Standardized Development Agreement by its 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 17, 2004, the City Council did adopt its Resolution No. 2004-180 approving Reclassification No. 2004-00127, declaring and indicating its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify certain properties, as described therein, from the I(Industrial), C-G (General Commercial), O-L (Low Intensity Office) and PR (Public Recreational) Zones to the O-H (High Intensity Office) Zone; and WHEREAS, on February 13, 2007, 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, Reclassification No. 2007-00196 requests that the Anaheim City Planning Commission recommend that the City Council rescind, in part, Resolution No. 2004- 180 pertaining to Reclassification No. 2004-00127 as it pertains to those certain properties as shown on Exhibit A-1 through Exhibit A-4 attached hereto and incorporated herein by this reference; and reclassify the subject properties as follows: 1. Those certain properties as shown on Exhibit B-1, attached hereto and incorparated herein by this reference, from the I(Industrial) Zone to the I(PTMU Overlay) (Industrial - Platinum Triangle Mixed Use (PTMU) Overlay) Zone. -1- PC2007-153 • • 2. Those certain properties as shown on Exhibit B-2, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the C-G (General Commercial) Zone to the C-G (PTMLI Overlay) (General Commercial - Platinum Triangle Mixed Use (PTMU) Overlay) Zone; (ii) Area 2 from the I(Industrial) Zone to the I(PTMU Overlay) (Industrial - Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (iii) Area 3 from the O- L(Low Intensity Office) Zone to O-L (PTMU Overlay) (Low Intensity Office - Platinum Triangle Mixed Use (PTMLJ) Overlay) Zone. 3. Those certain properties as shown on Exhibit B-3, attached hereto and incorporated herein by this reference, from the I(Industrial) Zone to the I(PTMLJ Overlay) (Industrial - Platinum Triangle Mixed Use (PTMI~ Overlay) Zone. 4. Those certain properties as shown on Exhibit B-4, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the I(Industrial) Zone to the I (PTMU Overlay) (Industrial - Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (ii) Area 2 from the O-L (Low Intensity Office) Zone to O-L (PTMU Overlay) (Low Intensity Office - Platinum Triangle Mixed Use (PTMiJ) Overlay) Zone. 5. Those certain properties as shown on Exhibit B-5, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the C-G (General Commercial) Zone to the C-G (PTMU Overlay) (General Commercial - Platinum Triangle Mixed Use (PTMU) Overlay) Zone; (ii) Area 2 from the I(Industrial) Zone to the I(PTMU Overlay) (Industrial - Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (iii) Area 3 from the O- L(Low Intensity Office) Zone to O-L (PTMU Overlay) (Low Intensity Office - Platinum Triangle Mixed Use (PTMLJ) Overlay) Zone. 6. Those certain properties as shown on Exhibit B-6, attached hereto and incorporated herein by this reference, from the T(Transition) Zone to the T(PTMU Overlay) (Transition - Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 7. Those certain properties as shown on Exhibit B-7, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the I(Industrial) Zone to the I (PTMLT Overlay) (Industrial - Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (ii) Area 2 from the O-H (High Intensity Office) Zone to O-H (PTMU Overlay) (High Intensity Office - Platinum Triangle Mixed Use (PTMU) Overlay) Zone. 8. Those certain properties as shown on Exhibit B-8, attached hereto and incorporated herein by this reference, as follows: (i) Area 1 from the I(Industrial) Zone to the I (PTMU Overlay) (Industrial - Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and (ii) Area 2 from the O-H (High Intensity Office) Zone to O-H (PTMU Overlay) (High Intensity Office - Platinum Triangle Mixed Use (PTML~ Overlay) Zone. -2- PC2007-153 • • WHEREAS, on December 10, 2007, the Anaheim City Planning Commission did hold a public hearing pertaining to Reclassification No. 2007-00196, notice of said hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said 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 as described above. 2. That rescinding, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127 as it pertains to those certain properties as shown on Exhibits A-1 through A-4 is required in conjunction with the proposed reclassification of the subject properties as described above. 3. That (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) an amendment to The Platinum Triangle Standardized Development Agreement (MIS2007-00203); and (v) further discretionary actions described in Draft Subsequent Environmental Impact Report No. 2006-00334 (the "Draft SEIR"), pertaining to The Platinum Triangle, are being considered in conjunction with Reclassification No. 2007-00196. 4. That the proposed Reclassification No. 2007-00196 is consistent with the goals and policies for the development of The Platinum Triangle as set forth in the City of Anaheim General Plan. 5. That the proposed Reclassification No. 2007-00196 is consistent with the goals and policies set forth in The Platinum Triangle Master Land Use Plan. 6. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 7. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community because it would result in a residential project that is consistent with the type of development envisioned for the area. 8. That three persons indicated their presence at said public hearing in opposition; that two letters and one email were received in opposition to subject petition; that two persons spoke with concerns pertaining to the subject request; and a letter of concern was received. -3- PC2007-153 . • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed Reclassification No. 2007-00196 and, by its Resolution, did find and determine and recommend that the City Council, based upon its independent review of Final Supplemental Environmental Impact Report No. 334 ("Final SEIR"), and unless additional ar 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 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 Reclassification No. 2007-00196, and that no further environmental documentation need be prepared for said reclassification. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby recommend that the City Council rescind, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127 as it pertains to those certain properties as shown on Exhibits A-1 through A-4. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby approve said Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to reclassify certain properties within The Platinum Triangle as described above. BE IT FURTHER RESOLVED that the approval of Reclassification No. 2007- 0196 is contingent upon the approval of General Plan Amendment No. 2007-00454, amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188), and Zoning Code Amendment No. 2007-00056, now pending. 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -4- PC2007-153 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July _, 2007. 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. CHA , AN EIM NNING COMMISSION ~ ATTEST: ~~/r~~ ~-~" SEN~OR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COiJNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 December 10, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KAR.AKI, ROMERO NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: VELASQUEZ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 1 ~~ of December 2007. SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007-153