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2005-213RESOLUTION N0. 2005-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING, IN PART, RESOLUTION N0.2004-180 AND FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IIV TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED (RECLASSIFICATION N0.2005-001 b4) 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, which plan maybe amended from time to time; and WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9, l 75 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,00() 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, 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, 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 WHEREAS, on August l 7, 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, 20(}4, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935; and WHEREAS, on August l7, 2004, the City Council did adopt its Resolution No. 2{)04-180 approving Reclassif cation No. 20()4-00127, declaring and indicating its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify certain properties, including Area 3, as described therein, from the I (Industrial ), C-G (General Commercial), 0-L (Low Intensity Office} and PR (Public Recreational} Zones to the O-H (High Intensity Office) Zone; and WHEREAS, the Anaheim City Planning Commission did receive verified petitions f'or an amendment to the Land Use Element of the General Plan, designated as General Plan Amendment No.2005-00434 to re-designate an approximately 10.4-acre property from the Office- High land use designation to the Mixed-Use land use designation; Zoning Code Amendment No. 2(105-(>n042; Amendment to The Platinum Triangle Master Land Use Plan (Misc. Case No. 2005- 00111); Conditional Use Permit No. 2005-04999; Development Agreement No. 2005-00008; and Miscellaneous Case No. 2005-00116 to rescind in-part Resolution No. 2004-180 and Reclassification No. 2005-00164 (collectively, the "project"), pertaining to The Platinum Triangle; and WHEREAS, Miscellaneous Case No. 2005-00116 pertains to a verified petition for the Anaheim City Planning Commission to rescind, in part, Resolution No. PC2004-83 and for the City Council to rescind, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004- (10127,regarding certain real property comprising anirregularly-shaped approximately 10.4-acre area situated in the County of Orange, State of California, as described in Exhibit "A"attached hereto and incorporated herein by this reference (the "subject property"); and WHEREAS, the proposed Reclassification No. 2005-00164 would reclassify the subject property from the I (Industrial} Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use Overlay) Zone; and WHEREAS, on September 7, 2(~5, the Anaheim City Planning Commission did hold a public hearing pertaining to the project, 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 Miscellaneous Case No.2005-00116 and Reclassification No. 2(105-00164 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, on September 7, 2005, the Anaheim City Planning Commission, by its motion, did find and determine that the City Council (a) as lead agency for the proposed project, find and determine, that Final Subsequent Environmental Impact Report No. 332 ("FSEIR No. 332"}, including the Statement of Findings of Fact and Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle, as revised to add new mitigation measure MM 5.10-7, and an addendum to FSEIR No. 332, together with Mitigation Monitoring Plan 138, are adequate to serve as the required environmental documentation for the proposed project and satisfy all the requirements of CEQA; and that no further environmental documentation need be prepared for the proposed project based upon the findings set north in said Resolution and (b) recommending that the City Council approve the proposal to amend the Zoning Map of the City of Anaheim to rezone and reclassify the subject property from the I (Industrial) Zone to the l (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use Overlay) Zone; and WHEREAS, on September 27, 2005, the City Council did hold and conduct a duly noticed public hearing, and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the sane, including the Staff Report to the City Council, and the recommendations and findings of the City Planning Commission as set forth in Planning Commission Resolution Nos. PC2005-128 and PC2005-129; and 2 ' WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA ),the City Council, as lead agency for the project, by its resolution, did find and determine, based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for Miscellaneous Case No. 2005-OOl l 5, Reclassification No. 2004-00134 and the project, and the requirements of CEQA, including Section 21 l 66 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FSEIR No. 332, including the Statement of Findings of Fact and Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle, as revised to add new mitigation measure MM 5.10-7, and an addendum to FSEIR No. 332, together with Mitigation Monitoring Plan l 38 are adequate to serve as the required environmental documentation for said project and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for Miscellaneous Case No.2005-00116, Reclassification No. 2005-00164 and the project; and WHEREAS, the City Council, after due consideration of the recommendations and findings of the Anaheim City Planning Commission, and all evidence, testimony and reports offered at said hearing, does hereby determine the following facts: l . That the subject property is currently developed with industrial buildings; and that the Land Use Element of the Anaheim General Plan designates the property for Office-High land uses. 2. That General Plan Amendment No. 2005-00434 (to re-designate 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 subject Reclassification No.2005-00164 and amendments to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2005-00111) and the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Zoning Code Amendment No.2005-00042). 3. That the Platinum Triangle Master Land Use Plan and the Platinum Triangle Mixed Use (PTMU) Overlay Zone, as proposed for amendment, designates the subject property as "I (PTMU Overlay), Katella District (the maximum residential density and allowable commercial and off ice square footage in the Katella District 1S not proposed to be increased in connection with said amendments to the PTMLUP and the PTMU Overlay Zone). 4. That the proposed reclassification of the subject property from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use Overlay) Zone would be consistent with the General Plan, Platinum Triangle Master Land Use Plan, and PTMU Overlay Zone, as proposed for amendment. S. That the proposed reclassi0cation of the subject property is necessary andlor desirable for the orderly development of the community. 3 b. That the proposed reclassification ofthe subject property does properly relate to the zones and their permitted uses locally established in close proximity to the subject property and to the zones and their permitted uses generally established throughout the community. WHEREAS, the City Council does find and determine that the Zoning Map referred to in Title l8 of the Anaheim Municipal Code should be amended and that the subject property heretofore described should be excluded from the zone in which it is now situated and incorporated in the zone as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council does hereby rescind, in part, Resolution No. 2004-180 pertaining to Reclassification No. 2004-OO127, wherein the City Council previously declared and indicated its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify certain properties, including the subject property, from the I (Industrial), C-G (General Commercial), 0-L (Low Intensity Office) and PR (Public Recreation) Zones to the 0-H (High Intensity Office) Zone. BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the subject property from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial -Platinum Triangle Mixed Use Overlay) Zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning cif, 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. 4 THE FOREGOING RESnLUTION is approved and adopted by the City Council of the City of Anaheim this .15th daj~~o'f'~O~ctober 200~by the following roll call vote: AYES: Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: Mayor Pringle CTI'Y OF ANA By MAYOR OF THE Y O NAHEIM ATTEST; ~" MAYOR PRO TEM CIT CLERK OF TH CITY OF ANAHEIM 593 5 9. I /m~ardon/09.20.05 5 EKHIBIT A Site 2 Legal Description Parcels 2 through 9, inclusive, of Block "A" in City of AIIabeirn, County of Orange, State of California as shown on a map filed in Book 104, Page 12 of Pazcei Maps, in the Uffice of the County Recorder of said county, together with a portion of the east half of the northwest quarter of the noriheast quarter of Section 26, Township 4 South, Range 10 West in Rancho San Juan Cajon De Santa Ana, as shown on a map recorded in Book S1, Page 10 of Miscellaneous Maps, Records of said county, described as follows: Beginning at the northwest corner of said east half, said paint being a point in the centerline of a 1?0.00 foot wide street shown as Katella Avenue on a Parcel Map filed in Hook 81, Page 32 of said Parcel Maps, said centerline being the north line of said Section 26; thence easterly along said centerline South 89°OT46" East 300.07 feet to a line which is paz~allel with a 300.OU feet easterly of westerly line of said northeast quarter; thence along said parallel line South 0°24'01" East b0.01 feet to the southerly right of way of said 1?0.00 foot wide street and the northwesterly corner of Parcel 1 of said Parcel Map; thence along the boundary of said Parcel 1 the following vourses: South 0°?,4'Ol' East Sol. i 2 feet, South 69°07'~b" East 299.23 feet to anon-tangent curve concave northwesterly having a radius of 124.00 feet, a radial lint to the beginning of said curve bears South 56°58'12" East, said curve being in the easterly line of said Block "A"; thence along said boundary the following courses: southwesterly along said curve 32.51 feet along said carve through a cxntral angle of 15°41'17", tangent from said curve South 48°03'05" West 3.40 feet to a tangent curve concave southeasterly having a radius of 176.00 feet, southwesterly 144.$b feet along said curve through a central angle of 47°09'25", non-tangent from said curve South 0°53'38" West 504.57 feet to the right of way to the State of California as described in the deed recorded October 5, 1998 as Instrument No. 19980672731 of Official Records of said countl; thence along said right of way the following courses: South 51°57'39" West 40.4$ feet, North 79°09'17" Wcst 85.74 feet to a tangent curve concave southerly having a radius of 307.01 feet, westerly 53.4b feet along said cum through a central angle of 9°58'40", tangent from said curve North 89°07'57" West 2350 feet, North 45°32'32" West 37.74 feet to the easterly right of way of a 64.00 foot wide street shown on said Parcel Map as l~etmar Lane and North 89°(18'4" Vest 3?.OU feet to the centerline of said Bettnor 1.2tne; thence Icaving said State of California right of way along said centerline North 0°58'00" Fast 140.55 feet to aline which is perpendicular to said centerline and runs through the southeast corner of Parcel 2 0[ said Block "A"; thence North 84°02'00" West 3?.00 feet to said southeast career of said Parcel 2; thence westerly along the southerly line of said Parcel 2 North 89°06'54" West 224.70 feet to the westerly line of said Parcel :'dap, said line being the westerly line of the northeast quarter of saki Section 26; thence northerly along said westerly line North 0°24'01" West 106?.39 feet to the Point of Beginning. Containing an area of ~U.871 acres more or less.