Loading...
Resolution-PC 2004-137~ ~ RESOLUTfON NO. PC2004-137 - A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION (A) CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT N0. 327, (B) ADQPTING A STATEMENT OF FINDINGS OF FACT, AND'(C) ADOPTING MITIGATION MONITORING PCAN NO. 123. ` WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Fermit, Amendment to the Santa Ana Canyon Road Access Points Study, and Specimen Tree Removal Permit, for certain real property situated in the City of Anaheim, County of Orange, State of - California, more particularly described as in Attachment No. 1 to this Resolution and incorporated as if set ' forth in full herein; , ` WHEREAS, said project is subject to compliance with the provisions of the California Environmental Quality Act of 1970, as amended, ("CEQA") and the State of California Guidelines for the Implementation of the California Environmental Quality Act (the "State GEQA Guidelines") since said ' project requires` approval of the following proposed; discretionary actions by the City of Anaheim: (i) Conditionai Use Permit No, 2001-04431, (ii) Amendment to the Santa Ana Canyon Road Access Points ' Study (MIS 2004-00088), and (iii) Specimen Tree Removal Permit No. 2002-00001, which actions shail hereafter be collectively referred to herein as the "discretionary actions;" and ,WHEREAS, the Planning Commission did hold public hearings at the Civic Center in the City of Anaheim on October 4, 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~ofthe Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed discretionary actions and to investigate and make findings and recommendations in connection therewith; and said public hearing was continued to the November 1, 2004 meeting and further continued to the November 15, 2004, Planning Commission meeting; and WHEREAS, the City of Anaheim is the lead agency for the preparation and consideration of environmental documents for said project, as defined in CEQA and the State CEQA Guidelines; and WNEREAS, the City of Anaheim has prepared, or caused to be prepared, the Draft EIR and has consulted with otfier public agencies, and the general public and given them an opportunity to comment on said Draft EIR as required by the provisions of CEQA and the State Guidelines; and WHEREAS, the City of Anaheim has evaluated the comments received from public agencies and persons who reviewed the Draft EIR and has prepared responses to the ' comments received during the public review period; and WHEREAS, said comments and recommendations received on the Draft EIR, either verbatim or in summary; a list of persons, organizations and public agencies commenting on the Draft EIR; and the responses of the City of Anaheim to significant environmental points raised in the review and consultation process have been attached to and made a part of said Draft EIR to form the Final EIR for said project as required by Section 15132 of the State CEQA Guidelines ("Final EIR No. 32T'); and WHEREAS, the City of Anaheim desires and intends to use Final EIR No. 327 as the environmental documentation required by CEQA and the State CEQA Guidelines for each of the above- referenced discretionary actions to the extent authorized by law; and WHEREAS, said Final EIR has been presented to the Planning Commission of the City of Anaheim for review and consideration prior to the final approval of, and commitment to, said project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim that the Planning Commission does hereby certify Final EIR No: 327; and adopt the attached Statement of Findings of Fact; a copy of which is attached hereto marked Attachment Na 2 to this Cr\PC2004-137 PC2004-137 ~ ~ Resolution, and incorporated herein by this reference as if set forth in full herein, and determine that said Final ElR No. 327 has been completed in compliance with CEQA; that Final EIR No. 327 was considered _ by #he Planning Commission; and the Planning Commission considered the information contained in said Final EIR prior to approving the project, and that Final EIR No. 327 reflects the independent;judgment of ! the Planning Commission, and is adequate to serve as the environmentai documentation for the discretionary actions. BE IT FURTHER RESOLVED thaf pursuant to Section 21081.6 of the Public Resources Code, the Planning Cornmission hereby adopts' that certain mvnitoring program ' described as the "Mitigation Monitoring Plan No. 123" to mitigate or avoid significant effects on the-environment to ensure compliance during project implementation, a copy of which Plan is attached hereto marked Attachment No. 3 to this Resolution, and the Planning Commission incorporates said Attachment herein by this reference as if set forth in fufl herein. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November' 15; 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -; GeneraC' of the Anaheim Municipal Code pertaining 'to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal ~ . . . .. ~ ~ .. ~ . . . ~ ~ ~ .. ~ ~ 4. ... . ~ .~~ ~ ~ . ~ HAIRM ; AN HEIM PLANNING COMMISSION ATT T: ENIOR CRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Pat Chandler, 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 November 15, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VELASQUEZ NOES: COMMISSIONERS: VANDERBILT-LINARES ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2004. - ~~~A~~.~. SENIOR SECRETARY, ANAHEIM RLANNING COMMISSION Cr\PC2004-137 PC2004-137 ~` ~ ATTACHMENT 1 PARCEL 1: LOT 22 OF 7RACT NO.-117, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNfA, AS PER MAP RECORDED 1N BOOK 11 PAGE 15 OF MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER ' OF SAID COUNTY. EXCEPTWG THEREFROM THAT PORTION' THEREOF DESCRIBED AS FOLCOWS: COMMENCING AT THE SOUTHEAST CORNER OF'SAID LOT 22; THENCE NORTH 8° 35' 45" WEST ALONG THE EASTERLY LINE OF' SAID LOT 22; A DISTANCE OF 1129.90 FEET;` THENCE SOUTH 71 ° 24' 15" WEST 180.00 FEET TO THE 1"RUE POINT OF BEGINNING; THENCE NORTH 19° 01' 13" WEST 308.03 FEET TO THE CENTER OF SANTA ANA VALLEY IRRIGATION COMPAiVY CANAL AS 1T NOW EXISTS; ' THENCE ALONG THE CENTER OF SAID CANAL SOUTH 58° 05 43"' WEST 44:42 FEET; THENCE SUUTH 57° 04' 55" WEST 40.15; FEET; THENCE SOUTH 50° 39' S8" WEST 60.02 FEET, THENCE SOUTH 45° 48' 15" WEST 510.00 FEET; THENCE SOUTH 25°'10' 51" EAST 223.13 FEET; THENCE NORTH 79° 24' 15" EAS7 162.99 FEET TO THE TRUE POINT OF BEGINNJNG ALSO EXCEPTING ' THEREFROM THE NORTHERLY PORTION OF SAID LAND AS CONVEYED TO THE. STATE OF CAUFORNIA FOR FREEWAY PURPOSES IN DEED RECORDED AUGUST 24, 1951, {N THE BOOK 2221, PAGE 73, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF'THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINTJN THE EASTERLY LINE OF SAID LOT 24, SAID POINT BEING THE SOUTHEASTERLY CORNER OF THE LAND FIRST = DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED APRIL 2, 1970, 1N BOOK 9254, PAGE 860 OF OFFICIAL RECORDS; THENCE SOUTH 67° 30' 44" WEST 43.47 FEET;'THENCE WESTERLY ALONG A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1200.00 FEET; THROUGH AN ANGLE OF 27° 30' 53" AN ARC DISTANCE OF 576.27 FEET; l'HENCE NORTH 84° 58' 23" WEST 811.01 FEET TO THAT CERTAIN CURVE DESCRIBED AS HAVIN.G A RADIUS OF 2917.00 FEE7 IN SAID DEED TO THE STATE OF CALIFORNIA: PARCEL2: ' TNAT PORTION OF LOT 22 OF TRACT OF TRAC7'N0. 117, AS SHOWN ON MAP RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF'CALIFORNIA, BOUNDED ON THE WEST; SOUTH AND THE EAST BY 7HE WESTERLY, SOUTHERLY AND EASTERLY LINES, RESPECTIVELY'OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY PARCEL 1 OF DEED (C2614), RECORDED W BOOK 8619, PAGE (S) 704 OF OFFICIAL RECORDS; THENCE EASTERLY IN A DIRECT LINE TO THE SOUTHWESTERLY CORNER OF PARCEL C2615-1 OF SAID FINAL ORDER OF CONDEMNATION. PARCEL 3: LOTS 23 AND 23 OF TRACT MAP NO. 117, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CA. EXCEPTING THEREFROM THE NORTHERLY PORT{ON OF SAID LAND, AS GRANTED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES IN THE DEED RECORDED AUGUST 24, 1951, IN BOOK2221, PAGE 73, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 24, SAID POINT BEING THE SOUTHEASTERLY CORNER OF THE LAND FIRST DESCRIBED W'THE FINAL ORDER OF CONDEMNATION RECORDED APRIL 2, 1970, IN BOOK 9254, PAGE 860, OFFICIAL RECORDS; THENCE SOU7H 67° 30' 44" WEST 43.47 FEET; THENCE WESTERLY ALONG A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1200 FEET, THROUGH AN ANGLE OF 27° 30' 53" AN ARC DISTANCE OF 576.27 FEET; THENCE NORTH 84° 58' 23" WEST 811.01 FEET TO THAT CERTAIN CURVE DESCRIBED AS HAVING A RADIUS OF 2917.00 FEET IN SAID DEED`TO THE ' STATE OF CALfFORNiA. ALSO, EXCEPTING THEREFROM THAT PORTION OF SAID LOT24, DESCRIBED AS FOLLOWS: Cr\PC2004-137 ' PC2004-137 ~ ~ BEGINNING AT A POINT !N THE EAST LINE OF SAID TRACT NO. 117„SAID POINT BEING NORTH 0° 38' 53""EAST 2045.63 FEET, MEASURED ALONG SAID EAST LINE, FROM A FOUND 9 INCH BY 9 INCH POINT, REPLACING A 4 INCH BY A 4 1NCH STAKE SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 11, PAGE 24 OF RECORDS'OF SURVEY IN THE OFFICE OF THE,COUNTY RECORDER OF SAID COUNTY; THENCE 23° 16' 30" WEST 193.52 FEET; THENCE'SOUTH 0° 15° 49" EAST 89.55 FEET TO THE"SOUTH LINE OF SAID LOT 24; THENCE SOUTH 89° OT 00" EAST 73.03 FEET TO -THE SOUTHEAST CORNER OF SAID LOT 24; THENCE NORTH 0° 38' 53" EAST 268.46 FEET TO THE POINT OF 6EGINNING.