Resolution-PC 2005-30• ~
RESOLUTION NO: PC2005-30
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING THAT CITY COUNCIL (A) CERTIFY FINAL
ENVIRONMENTAL JMPACT REPORT;NO: 328, {B) ADOPT A
STATEMENT OF FINDINGS-0F FACT AND A STATEMENT OF
OVERRIDING CONSIDERATIONS AND (C) ADOPT MITIGATION
` MONITORING PROGRAM NO. 126.
WHEREAS, the Anaheim Planning Commission did receive verified Petitions for an
amendment to The Platinum Triangle Master Land Use Plan, an amendmenf to the Platinum Triangle
Mixed Use (PTMU) Overlay Zone (Chapter 18.20 of the Anaheim Municipal Code) and a Conditional Use
Permit, for certain real property situated in the City'of Anaheim, County of Orange, State of Ca~ifornia,
more particularly described as set forth in Attachment 1 to this Resolution and incorporated herein as if
set forth in full; and
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 CEQA Guidelines") since said
project requires approval of the following proposed discretionary actions by the City of Anaheim: ,(i)
Amendment No. 1 to The Platinum Triangle Master Land Use Plan (MIS2003-00071), (ii) an amendment
to the Platinum Triangle Mixed Use (PTMU) Overlay Zone (ZCA2003-00025), and (iii) Conditional Use
Permit No. 2003-04763, which actions shall hereafter be collectively referred to herein as the'"Proposed
Actions;,~ and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 23, 2005, at 2:00 p.m., notice of said public hearing having been duly given
as required by law and in accordance with theprovisions of the Anaheim Municipal Code, Chapter 18.60,
to hear and consider evidence for and against said Proposed Actions and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, the City of Anaheim is the lead agency for the preparation and consideration
of environmental documents for said Proposed Actions, as defined in CEQA and the State CEQA
Guidelines; and
WHEREAS, the City of Anaheim has prepared, or caused to be prepared, Draft EIR
("DEIR") No. 328 and has consulted with other public agencies, and the general public and given them an
opportunity to'comment on said DEIR 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 DEIR No. 328 and has prepared responses to the comments '
received during the public review period; and
WHEREAS, said comments and recommendations received on said DEIR, either
verbatim or in summary; a list of persons, organizations and public agencies commenting on the DEIR;
and the responses of the City of Anaheim to significant environmental points raised in the review and
consultation process have been included in the DEIR No. 328 and a Response to Comments document
dated February 11, 2005; and
WHEREAS, DEIR No. 328, the Response to Comments document dated February 11,
2005, Mitigation Monitoring Program No. 126 and all documents submitted as pa~t of the public record on
DEIR No. 328 form the Final EIR for said project as required by Section 15132 of the State CEQA
Guidelines ("FEIR No. 328"); and
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• •
WHEREAS, the City of Anaheim has,prepared a draft Statement of Findings of Fact and
__ _ _ _
Statement of Overriding Considerations relating to FEIR No. 328 in conformance with the requirements of
CEQA and the State Guidelines; and
WHEREAS, the City of Anaheim desires and intends to use FEIR' No. 328 as the
environmental documentation required by CEQA and the State CEQA Guidelines for each of the above-
` referenced Proposed Actions to the extent authorized by law; and,
WHEREAS, said FEIR and Statement of Findings of Fact'and Statement of Overriding
Considerations has been presented to and independently considered by the Planning Commission of the
City of Anaheim for review.'and consideration prior to the final approval of, and commitment to, said
project.
WHEREAS, at the February 23, 2005 public hearing, the Planning Commission deleted
the following mitigation measure SRR 3.3-1 from the Statement of Findings and Facts and Statement of
Overriding Considerations and Mitigation Monitoring Program Na 126 as said measure has been
satisfied by the submittal of plans and exhi6its depicting the project architecture, colors, materials and
landscape plans, which plans and exhibits are on file in the Planning Department as part of Conditional
Use Permif No. 2003-04763:
"SRR 3.3-1 Prior to the approval of a grading plan for issuance of grading permits or the
issuance of the first building permit, whichever occurs first;' the property owner/developer
shall submit the project design (architecture, colors .and materials, and landscape'plan) to
the City of Anaheim Planning Commission for review and approval."
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim that the Planning Commission, based upon its review of the Proposed Actions, FEIR No. 328,
and the Statement of Findings of Fact and Statement of Overriding Considerations, as revised to' delete
SRR 3.3-1 as stated above, and having considered evidence presented at the public hearing on the
Proposed Actions, does ;hereby recommend that the City Council, as lead agency for the Proposed
Actions, independently review and analyze FEIR No. 328 and find that it reflects the independent
judgment of the City Council, and unless additional or contrary information is received during the City -
Council's public hearing on the Proposed Actions, certify FEIR Na 328 and adopt the attached Statement
of Findings of Fact and Statement of Overriding Considerations, as revised, a copy of which is attached
hereto marked Attachment No. 2 to this Resolution, and incorporated herein by this reference as if set
forth in full herein; and, further, determine the following: that the Proposed Actions are within the scope of
FEIR Na 328; that FEIR No. 328 has been completed in compliance with CEQA and the State and City
CEQA Guidelines; and, that FEIR No. 328 is adequate to serve as the required environmental
documentation for the Proposed Actions.
BE ITFURTHER RESOLVED that pursuant to Section 21081.6 of the Public Resources
Code, the Planning Commission hereby recommends that the City Council adopt that certain monitoring
program described as the "Mitigation Monitoring Program No. 126", as revised to delete SRR 3.3-1 as
stated above, to mitigate or avoid significant effects on the environment and to ensure compliance during
project implementation, a copy of which Program is attached hereto marked Attachment No. 3 to this
Resolution, and incorporated herein by this reference as if set forth in full herein.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 23, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Co pert ' to a pea dures.
C M , N EI PLANNIN OMMISS '
ATTEST:
~~L~ /~~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
Cr\PC2005-030 PC2005-30
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STATE OF CALIFORNIA ) _. _.___..__ .___ _ ._..._ . _
COUNTY'OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing Resolution waspassed and adopted at a meeting of the Anaheim Planning
Commission held on February23, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS' NONE
ABSENT: 'COMMISSIONERS: NONE
VACANT. COMMISSIONERS: ONE VACANCY
W WITNESS WHEREOF, I have hereunto sefimy hand this ~s ~"~ day of
G , 2005."
.
i~~2;r~Stra
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
• ' ~
ATTACHMENT 1
PARCEL A: THAT PORTION OF LOT 13 OF THE LOCKHART TRACT, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA, :AS PER MAP RECORDED IN BOOK 4,' PAGE 512
OF MISCELLANEOUS RECORDS, iN THE OFFICE OF THE'COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE 5.25 ACRE TACT OF LAND CONVEYED -
BY HARRY J. BRAINERD TO WILLIAM F. GADE BY DEED RECORDED IN BOOK 527, PAGE 276 OF
DEEDS OF SAID- LOS ANGELES COUNTY; THENCE SOUTHWESTERLY ALONG ' THE
NORTHWESTERLY LINE . OF' SAID LAND 'OF GADE TO THE' CENTERLINE OF THE STATE
HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE POINT OF
lNTERSECTlON THEREOF WITH THE CENTERLINE OF THE COUNTY ROAD COMMONLY KNOW
AS PLACENTIA AVENUE, AN EASEMENT FOR SAID ROAD WAS CONVEYED TO ORANGE COUNTY
BY DEEDRECORDED DECEMBER 6, 1922 IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE
COUNTY; THENCE NORTH 0°-09' 30" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAQ '
TO THE NORTHWESTERLY LINE OF LOT 13 OF SAID LOCKHART TRACT; THENCE _
NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LOCKHART TRACT;
THENCE EASTERLY ALONG SAID LINE TO THE NORTHERLY LiNE OF SAID LINE 70 THE
NORTHWESTERLY CORNER'OF THE LAND CONVEYED TO PHILIP LAUX AND ADELE H. LAUX,
HIS WIFE, BY DEED RECORDED JUNE 15, 1920 IN BOOK 369, PAGE 104 OF DEEDS; THENCE
SOUTH 16° 56' 00" WEST 634.90 FEET TO THE POINT OF BEGINNING. _
EXCEPT THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWINGbESCRIBEDIINE:
BEGINNING AT A POINT ON THE CENTERLINE OF SAID COUNTY ROAD, DISTANT THEREON
NORTH 0° 10' 30" WEST 159.66 FEET FROMITS INTERSECTtON WITH THE CENTERLINE OF THE
CALIFORNIA STATE HIGHWAY (60 FEET WIDE), DESCRIBED IN THE DEED TO 7HE'STATE OF
CALIFORNIA, RECORDED OCTOBER 25, 1954 W BOOK 2851, PAGE OF OFFICIAL RECORDS OF
SAID ORANGE COUNTY; THENCE SOUTH 60° 43' 00" EAST 344:21 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LAND OF GADE, NORTHEASTERLY 221.05 FEET, MEASURED
ALONG SAID NORTHWESTERLY LINE AN THE SOUTHWESTERLY PROLONGATION THEREOF,
FROM SAID CENTERLWE OF THE CALIFORNIA STATE HIGHWAY.
ALSO EXCEPT THE INTEREST CONVEYED TO THE CITY OF ORANGE, FOR USE AS A PUBLIC :
STREET AND FOR USE OF PUBLIC UTIUTIES, BY DEED RECORDED NOVEMBER 14, 1963 IN -
BOOK 6804, PAGE 358 OF OFFICIAL RECORDS, IN THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT A POINT BEING THE INTERSECTION OF THE CENTERLINE OF LOS
ANGELES STREET (60 FEET WIDE) AND STATE COLLEGE BOULEVARD (FORMERLY PLACENTIA
AVENUE) (60 FEET WIDE); THENCE NORTH 0° 09' 30" EAST ALONG THE CENTERLWE OF SAID
STATE COLLEGE BOULEVARD, 32.63 FEET TO AN ANGLE POINT; THENCE SOUTH 89. °50' 30"
EAST 30 FEET AS MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF STATE COLLEGE
BOULEVARD TO THE TRUE POfNT OF BEGINNING; THENCE SOUTH 9° 09' 30" WEST 15 FEET TO
CAN ANGLE POINT, SAID POINT BEGIN THE INTERSECTION OF THE EAST LINE OF SAID STATE
COLLEGE BOULEVARD WITH THE NORTHEASTERLY LINE OF SAID LOS ANGELES STREET;
THENCE SOUTH 60° 43' 00" EAST 15 FEET ALONG SAID NORTHEASTERLY LINE OF LOS
ANGELES STREET TO AN ANGLE POINT; THENCE NORTH 30° 16' 45" WEST 25.87 FEET TO THE
TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS DEDICATED TO THE CITY OF -
ORANGE BY DEDICATION BEING RECORDING MAY 7, 1970 IN BOOK 9284, PAGE 62 OF OFFICIAL
RECORDS, BEING DESCRIBED AS:
THAT PORTtON OF LOT 13 OF THE LOCKHART TRACT, PER MAP RECORQED IN BOX 4, PAGE
512 OF MISCELLANEOUS RECORDS, LOS ANGELES COUNTY, CALIFORNIA, AND LOTS1 AND 2
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; OF TRACT N0.71, AS PER MAPS RECORDED W BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS
OF ORANGE COUNTY, CALIFORNIA; DESCRIBED AS FOLLOWS:
BEGINNWG AT A POINT ON THE CENTERLINE OF THE ROAD ESTABLISHED BY DEED TO THE
COUNTY OF ORANGE RECORDED DECEMBER 6, 1922 W BOOK 444, PAGE 395 OF DEEDS OF
' SAID ORANGE COUN7Y, DISTANT NORTH 0° 43' 42" iWEST, 159.66 FEET FROM ITS
WTERSECTION W1TH THE CENTERLINE OF THE CAUFORNIA STATE HIGHWAY (60 FEET WIDE}
AS DESCRIBED 1N A DEED RECORDED JULY 10; 1914 IN BOOK 258, PAGE 59 OF SAID DEEDS;
THENCE SOUTH 59° 48' 48" EAST A DISTANCE OF 34:45 FEET TO THE POINT OF INTERSECTION
OF THE NORTHEASTERLY LINE DF STATE COLLEGE BOULEVARD (FORMERLY LOS ANGELES
STREET), WITH THE EAST LINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN AS
PLACENTIA<AVENUE) AND' BEING THE TRUE POINT'OF BEGINNING OF THlS DESCRIPTION;
THENCE, CQNTINUING SOUTH 59° 48' 48" EAST A DISTANCE OF 309.76' FEET, MORE OF LESS,
TO THE NORTHWESTERLY LINE OF THE 5.25 ACRE TRACT OF LAND CONVEYED TO HARRY
JAMES BRAINARD, ET UX.; TO WILLIAM F. GADE BY DEED RECORDED IN BOOK 527, PAGE 276
OF DEEDS OF SAID LOS ANGECES COUNTY;'THENCE NORTH 50° 03' 2T' EAST ALONG SAID
NORTHWESTERLY LINE OF THE LAND' TO WILLIAM F. GADE A DIS7ANCE OF 25.52 FEET;
' THENCE, FARALLEL AND 24 FEET NORTHEASTERLYTO THE EXISTING RIGHT-OF-WAY UNE OF
STATE COLLEGE BOULEVARD (FORMERLY LOSANGELES STREET), NORTH 59° 48' 48" WEST A
DISTANCE OF 118.59 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 342 FEET; THENCE WESTERLY AND NORTHERLY '
ALONG SAID `342 FOOT RADIUS CURVE THROUGH A CENTRAL ANGEL OF 60° 32' 30" AN ARC
bISTANCE OF 361.38 FEET; THENCE PARALLEL AND 42 FEET EASTERLY OF THE CENTERLINE
OF STATE COLLEGE BOULEVARD (FORMERLY PLACENTIA AVENUE) A UISTANCE OF 546.48
FEET; THENCE NORTH 3° '15' 01" EAST A DISTANCE OF 250 FEET, MORE OR CESS, TO A POINT
ON THE EXISTING BOUNDARY OF THE CITY OF ORANGE AS ESTABLISHED BY ANNEXATION NO.
79, ORDINANCE NO. 663, SAID BOUNDARY LINE 205.43 FEET NORTHERLY OF THE WESTERLY
PROLONGATION OF SYCAMORE AVENUE; THENCE NORTH 89° 16' 18" WEST ALONG THE
EXISTING CITY OF ORANGE BOUNDARY A DISTANCE OF 23 FEET; THENCE PARALLEL AND 30
FEET EASTERLY OF THE CENTERLINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN
AS PLACENTIA AVENUE) SOUTH 0° 43' 42" WEST A DISTANCE OF 1016.65 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTION THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF
CALIFORNIA BY ~'HAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998, AS
INSTRUMENT NO. 19980352437, OF OFFICIAL RECORDS.
PARCEL B: THAT PORTION OF LOT 2 IN TRACT NO. 71, AS PER MAP RECORDED IN BOOK
10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORAfVGE COUNTY, CAL{FORNIA, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POIN7 ON THE NORTH LINE OF SAID LOT, WEST 1025.53 FEET FROM THE „
NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ON A DIRECT LINE TO A POINT ON THE
SOUTH LINE OF SAID LOT, WESTERLY 747 FEET FROM THE SOUTHEAST CORNER THEREOF.'
EXCEPT THE NORTH 567.04 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF ORANGE
RECORDED MAY 7, 1970 IN BOOK 9284, PAGE 62 OF SAID OFFICIAL RECORDS.
ALSO EXCEPT 7HEREFROM THAT PORTION OF SAID LOT LYING WESTERLY OF THE
CENTERLINE OF PLACENTIA AVENUE (NOW STATE COLLEGE BOULEVARD) AS SHOWN ON
TRACT NO. 964, FILED IN BOOK 31, PAGES 46 AND 47 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
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ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF
CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998; AS
INSTRUMENT N0. 19980352437, OF OFFICIAL RECORDS.
PARCEL C: THAT PORTION OF LOT 1 OF TRACT 71, AS PER MAP RECORDED IN BOOK' 10,
PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE POINT OF INTERSEC710N OF THE NORTH LINE OF SAID LOT 1 WITH THE
CENTERLINE OF PLACENTIA AVENUE; THENCE SOUTH 0°- 9' 30"- EAST 179,99 FEET TO THE
EASTERLY LINE OF SAID LOT.
ALSO EXCEP7iNGTHEREFROM THAT PORTION DESCRIBED 1N DEED TO THE'CITY OF ORANGE
RECORDED MAY 7,1970 IN BOOK 9284, PAGE 62 OF SAID OFFICIAL RECORDS.
PARCEL D: PARCEL 21 AS SHOWN ON A MAP RECORDED 1N BOOK 30, PAGE 34 OF PARCEL
MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL E: THAT PORTION OF LOT 2 OF TRACT NO. 71, W THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; DESCRIBED AS
FOLLOWS:
_
BEGINNING AT THE 80U7HWEST CORNER OF LOT 3 OF SAID TRACT NO. 71, SAID SOUTHWEST
CORNER ALSO BEING THE EAST QUARTER SECTION CORNER OF SECTION 26, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A
MAP RECORDED 1N BOOK 51, PAGE 10 OF SAID MISCELLANEOUS MAPS, THENCE ALONG THE -
SOUTHERLY LINE OF SAID LOT 3, NORTH 89° 59' 00" EAST 275.00 FEET; THENCE SOUTH 0°-01'
00" EAST 280.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0° 01'
00" EAST 287.04 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 567.04 FEET OF SAID LOT
2; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE CENTERLINE OF STATE
COLLEGE BOULEVARD, FORMERLY PLACENTIA AVENUE, AS DESCRIBED IN DEED TO THE _
COUNTY OF ORANGE, RECORDED MARCH 22, 1920 IN BOOK 358, PAGE 19 OF DEEDS,
RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG SAID CENTERLINE TO A
11NE THAT IS PARALLEL WITH NORTHERLY LINE OF SAID LOT 2 AND PASSES THROUGH THE
TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID LAST MENTIONED PARALLEL
LINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EAST 50.00 FEET.
ALSO EXCEPTING THAT PORTION THEREOF SET FORTH IN THE FINAL ORDER OF
CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNiA, RECORDED APRIL 30, 1998 AS
INSTRUMENT NO. 19980262502, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE S7ATE OF
CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998, AS
INSTRUMENT NO. 19980352437, OF OFFICIAL RECORDS.
Cr\PC2005-030 PC2005-30