Resolution-PC 99-77RESOLUTION NO. PC99-77
A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COh1MISSION
FINDING AND RECOMMENDING THAT THE CITY COUNCIL
DETERMINE THAT TNE AAITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN NO. 004, INCLUDING THE ASSOCIATED ERRATA, ARF
ADEQUATE TO SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THF_
PROPOSED PROJECT ACTIONS
WHEREAS, the City Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, in the City of Anaheim
on May 19, 1999, at 9:00 a.m., notice of said public hearino having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear
and consider evidence for and against said proposed Mitigated Negative Deciaration, Errata and
M;tigation Monitoring Plan No. 004 in connection with General Plan Amendment No. 359,
Amendment No. 4 to The Uisneyland Resort Specific Plan No. 92-1 (including 2mendments to the
Zoning and Development Standards, the Design Plan and Guidelines and the Public Faci{ities
Plan), Conditionai Use Permit No. 4078 with Waiver of Code Requirsment, Amendment to the
Anaheim Resort Public Realm Landscape Program and Development Agreement No. 99-01 and
to investigate and make findings and recommendations in connection therewith; and that said
public hearing in connection with Development Agreement No. 99-01 was continued to the June 7,
1999, Planning Commission meeting; and
WHERCAS, 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:
i) In conjunction with the approval of The Disneyland Resort Specific Plan No.
92-1, the City Council, on June 22, 1993, certified Final Environmental
Impact Report No. 311 (State Clearinghouse No. 91051055), adopted a
Statement of Findings and Facts and a Statement of Overriding
Considerations and adopted Mitigation Monitoring Program (MMP) No.
0067 in compliance with the California Environmental Quality Act (CEQA).
The Final EIR analyzed the environmental effects resulting from
development of The Disneyland Resort Specific Pian, including
development of the Pointe'Anaheim project area at the density currently
provided for in The Disneyland Resort Specific Plan. MMP NA. 0067
included measures to mitigate the significanE environmental impacts
associated with the Specific Plan, with the exception of Impacts that were
addressed in :he Statement of Overriding Considerations. An addendum to
EIR No. 311, along with modifications to MMP No. 0067, were
subsequently aciopted by the City Council in Octobe; 1996 in connection
with the adoption of Amendment No. 3 to The Lisneyland Resort Spocific
Plan; and
2) An Initial Study/Mitigated Negative Dec!aration (State Clearinghouse No.
99011053) (hereinafter "MND") was prepared under the City's direction for
the Pointe"Anaheim project. 7he MND was circulated for a 30-day
publiciresponsible agency review on January 22, 1999, in compliance with
the California Environmental Quality Act (GcQA) and the State and City of
Anaheim CEQA Guidelines. The MND has been provided to the Planning
Comrnission and copies of said document are available for review in all City
libraries and the Anaheim Planning Department; copies are also available
for purchase at the Anaheim Planning Qepartment; and
CR3628EH.DOC -1- PC99-77
3) The MND tiered from the environmental analysis (ncluded in Final EIR No.
311. Final EIR No. 311 and the subsequent Addendum have been
incorporated by reference into the MN~. The purpose of the Initial Study
was to describe the proposed Pointe'Anaheim project and provide an
evaiuation of patential environmental effects associated with the projecYs
construction and use, and determirte what Ievei of additional environmental
review, if any, was appropriate. The City conducted its own independent
evaluat~on and analysis of the documentation prior t~ releasing it for public
review and determined that an MND was appropriate as the project would
not result in any new significant environmental impacts and thal further
environmental analysis beyond the analysis contained in the tiered lnitial
Study and in previously-certified Final EIR No. 311 was not warranted. i'he
tiering of the environmentai analysis allows the MND to rely on Final EIR
No. 311 for a discussion of the general background and setting informa4ion
for each topical area; overall growth-related issues; iss~es that were
evaluated in sufficient detail in Final EIR No. 311, and for which there is not
significant nevd information, change in circumstances, project changes, or
new significant environmental impacts requiring further anelysis; and, long-
term cumulative impacts. The MND describes the proposed project and
analyzes the potential project impacts in relation to the existing
environmental analysis in Final EIR No. 311, with regard to the following
topical areas: land use and related plans and policies; land use
compatibility; transportation and circulation; air quality; noise; earth
resources - geoiogy, soils and seismicity; groundwater and surface
hydrology; construction; employment, population and housing; public
services and utilities - fire protection, police protection, solid ~vaste, parks,
schools, water service, wastewater/sewer ser,rice, storm drairs, electricity,
naturel gas service, telephone service, television service/reception,
hazardous materiais, visual resources and aesthetics, cultural resources
and energy; and
4) Responses to the comments received on the MND during the public review
process have also been prepared and have been provided to the Plannin~
Cornmission. /~s indicated in the public notice, the responses ~~ere rnade
available for public review in all City libraries and the Anaheim Planning
Department on Aprif 28, 1999; copies are also available for purchase at the
Anaheim Planning Department. An Errata, which identifies refinements and
revisions to the MND and the responses to comments made subsequent to
the April 28th release date, has also been prepared and is included in
Attachment E to the May 19, 1999, staff report. The Errata further refines
the project description and various mitigation measures including project
design features, but did not alter the conclusions origin,ally presented in the
MND circulated for pubiic review. In addition lwo noise-related mitigation
measures were modified at the May 19, 1995 Planning Commission
meeting to delete the reference to Family Entertainment Center as it is no
Ionger a component of the project; and
5) Mitigation Monitoring Plan No. Otl4 has been prepared for the
Pointe*Anaheim project which fncludes applicable measures from Modified
MMP No. 0067 (some of the wording for these mitigation measures has
been modified to reflect applicability to the Pointe`Anaheim project.).
Mitigation Monitoring Plan No. 004 also includes additional mitigation
measures (inciuding a number of proJect design features which have been
incorporzted into the design of the project by the petitioner which help to
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minimize environmental impacts) which are specific to the i'ofnte•Anaheim
project. The fuil text of Mitigation Monitoring Plan No. 004, incorporating
the Errata, is provided as Attachment A to this Resolution; and,
WHEREAS, based upon a thorough review of the project proposal and the tiered
MND including Mitigation Monitoring Plan No. 004, and the comments received to date and the
responses prepared and the Enata, staff finds that potentially significant impacts have been
eliminated or reduced to a level considered less than significant; and, that there is no substantial
evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVEd, that the Anaheim City Planning
Commission does hereby find and recommends that the Ciry Council determine that the Mitigated
Negative Declaration and Mitigation Monitorinc~ Plan No. 004, including the associated Errata, are
adequate to seive as the required environmental documentation for the proposed project actions,
based upon a finding by the Planning Commission that the declaration reflects tfie independent
judgment of the lead agency; that it has considered the proposed MND and Mitig-3tion Monitoring
Plan No. 004 together with any comments and respunses received duri~~~ ihe pubiic review
process; ard, further finding on the basis of the Initial Study that there is no substantiai evidence,
with the imposition of the mitigation measures identified in Mitigation Monitoring Plan No. 004, that
the project will have a significant effect on the environment.
THE FOREGOING RESO ON was_a o ted at the Planning Commission
meeting of May 19, 1999. ) /~)
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CHATRP'ERSON, ANAHEIM CITY PLANNING COMMISSION
ATi'EST: ( ;
--f rI ~ " ~ ~' ~ • ~:f-f./~/L~[-.~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIA4 )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adapted at a meeting of the Anaheim City
Planning Commissfon held on May 19, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~ IN WITNESS WHEREOF, I have hereunto set my hand this _~_ dey of
.~z~ 1999.
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SECRETARY, ANAHEIM CITY P ING COMMISSION
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