PC 2005/04/18naeo~ I~ i
is~in n a
Monday, April 18, 2005 -
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
® Chairman: Gail Eastman
® Chairman Pro-Tempore: David Romero
Commissioners: Kelly Buffa, Cecilia Flores, Pat Velasquez,
Ed Perez, (One Vacant Seat)
® Call To Order
Preliminary Plan Review 4:30 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the April 18, 2005 agenda
® Recess To Afternoon Public Hearing Session
® Reconvene To Public Hearing 6:00 P.fiA.
For record keeping purposes, if you wish to make a statement regarding any
item on the agenda, please complete a speaker card in advance and submit it to
the secretary.
® Pledge Of Allegiance
® Public Comments
® Consent Calendar
® Public Hearing Items
. Adjournment
You may leave a message for the Planning Commission using the following
e-mail address: planninacommission(a)anaheim.net
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Page 1
Anaheim Planning Commission Agenda - 6:00 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing.
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed and/or removed from the Consent
Calendar for separate action.
Reports and Recommendations
1A.(a) CEQA Negative Declaration (Previously-Approved)
(b) Conditional Use Permit No. 2004-04938
(Tracking No. CUP2005-04970)
Agent: Tim Saivar, TW Layman Associates, 16633 Ventura
Boulevard, #1320, Encino, CA 91436 Project Planner:
Della Herrick
Location: 420 South State College Boulevard. (dhenickQanaheim.net)
Requests approval of final elevation plans for apreviously-approved 4- Sr8870dh.doc
unit commercial center. Q. S. 113
16. Receiving and approving the Minutes from the Planning Commission
Meeting of April 4, 2005 (Motion)
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Pubb[c Hearing Items:
2a. CEQA Mitigated Negative Declaration and Mitigation Monitoring
Program No. 133
2b.
2c.
2b.
Agent: City of Anaheim, Planning Department, 200 South Anaheim
Boulevard, Suite162, Anaheim, CA 92805
Location: Property is approximately 495 acres and is generally
bounded by Broadway to the north, Gilbert Street to the west, Katella
Avenue to the south, and Brookhurst Street to the east and is located
within an unincorporated area of the County of Orange within the City of
Anaheim's sphere-of-influence, and is further described as County Islands
4-AN-6, 4-AN-7 and 4-AN-8. Figure 1 (attached) depicts the boundaries
of the three County Islands. Figures 2 through 5 (attached) depict the
approximate 495-acres further divided into eighteen {18) areas to
correspond with the proposed General Plan Amendment and
Reclassification applications.
City-initiated request to set forth City of Anaheim General Plan land use
designations and zone classifications for properties located within
unincorporated County Islands 4-AN-6, 4-AN-7, and 4-AN-8 in the City of
Anaheim's sphere-of-influence. This request is associated with a proposed
annexation of the County Islands into the City of Anaheim. The proposed
General Plan Amendments would amend the City of Anaheim General Plan.
The Reclassifications would serve as "pre-zoning" for the subject properties.
General Plan Amendment No. 2005-00423 -Request to redesignate Area No.
1 (approximately 1.2 acres adjacent to the south side of Broadway and 225 feet
west of the centerline of Brookhurst Street) from the Corridor Residential (up to
13 dwelling units per acre [du/ac}) to the Medium Density Residential (up tc 36
du/ac) or less intense designation.
General Plan Amendment No. 2005-00424 -Request to redesignate Area No.
5 (approximately 1.4 acres at the northeast corner of Gilbert Street and Ball
Road) from the Low Density Residential (up to 6.5 du/ac) to the Corridor
Residential (up to 13 du/ac) or less intense designation.
General Plan Amendment No. 2005-00425 -Request to redesignate Area No.
6 (approximately 0.6 acres at the southeast corner of Gilbert Street and Ball
Road) from the Low Density Residential (up to 6.5 du/ac) to the Medium Density
Residential (up to 36 du/ac) or less intense designation.
General Plan Amendment No. 2005-00426 -.Request to redesignate Area No.
7 (approximately 7 acres adjacent to the south side of Ball Road and 177 feet
east of the centerline of Gilbert Street) from the Low Density Residential (up to
6.5 dulac) to the Medium Density Residential (up to 36 du/ac) or less intense
designation.
General Plan Amendment No. 2005-00427 - Request to redesignate Area No.
B (approximately 5.5 acres adjacent to the east side of Gilbert Street, 276 feet
south of the centerline of Ball Road) from the Low Density Residential (up to 6.5
dulac) to the Medium Density Residential (up to 36 du/ac) or less intense
designation.
General Plan Amendment No. 2005-00428 -Request to designate Area No.
14 (approximately 2.7 acres generally bounded by Pacific Avenue to the north,
122 feet to the centerline of Magnolia Avenue to the west, the Southern
California Edison easement to the south and 1,324 feet to the centerline of
H:\d ocs\cl a ri cal\a ge n das\041805. d oc
Project Planner:
Scott Koehm
(skoe hm @a nahei m. net)
Sr4000gk.doc
{04/18/05)
Page 3
Request For City Council Review Of Item No. 2c
Gilbert Street to the east) to the Low Density Residential (up to 6.5 du/ac)
designation.
General Plan Amendment No. 2005-00429 -Request to designate Area No.
17 (approximately 30 acres generally bounded by Pacific Place to the north,
Gilbert Street to the east, Katella Avenue to the south and 156 feet to the
centerline of Markev Street to the west) tc the Low-Medium Density Residential
(up to 18 du/ac) or less intense designation.
General Plan Amendment No. 2005-00430 -Request to designate Area No.
18 (approximately 0.3 acre at the northwest corner of Katella Avenue and Berry
Avenue) to the Low-Medium Density Residential (up to 18 du/ac) or less intense
designation.
Reclassification No. 2005.00144 -Request to reclassify Area No. 1
(approximately 1.2 acres adjacent to the south side of Broadway and 225 feet
west of the centerline of Brookhurst Street) from County R-3 "Apartment District
to City RM-4 (Multiple-Family Residential) or less intense Zone.
Reclassification No. 2005-00145 -Request to reclassify Area No. 2
(approximately 2.9 acres at the southwest corner of Broadway and Brookhurst
Street) from County C1 "Local Business" District to City C-G (General
Commercial) or less intense Zone.
Reclassification No. 2005.00146 -Request to reclassify Area No. 3
(approximately 109 acres generally bounded by Broadway to the north, Gilbert
Street to the west, Ball Road to the south and 181 feet west of the centerline of
Brookhurst Street) from County R1 "Single-Family Residential" District to City
RS-2 (Single Family Residential) Zone.
Reclassification No. 2005.00147 -Request to reclassify Area No. 4
(approximately 5 acres at the northwest and southwest corners of Stonybrook
Drive and Brookhurst Street) from County C1 "Local Business" District to City C-
G (General Commercial) or less intense Zone.
Reclassification No. 2005-00148 -Request to reclassify Area No. 5
(approximately 1.4 acres at the northeast corner of Gilbert Street and Ball
Road) from County CN(C2884) "Commercial Neighborhood" District to City C-G
(General Commercial) or less intense Zone.
Reclassification No. 2005-00149 -Request to reclassify Area No. 6
(approximately 0.6 acres at the southeast corner of Gilbert Street and Batl
Road) from County C1 "Local Business" District to City RM-4 (Multiple-Family
Residential) or less intense Zone.
Reclassification No. 2005-00150 - Request to reclassify Area No. 7
(approximately 7 acres adjacent to the south side of Ball Road and 177 feet
east of the centerline of Gilbert Street) from County R3 "Apartment" District to
City RM-4 (Multiple-Family Residential) or less intense Zone.
Reclassification No. 2005-00151 -Request to reclassify Area No. 8
(approximately 5.5 acres adjacent to the east side of Gilbert Street, 276 feet
south of the centerline of Ball Road) from County R2 "Multifamily Dwelling"
District to City RM-4 (Multiple-Family Residential) or less intense Zone.
Reclassification No. 2005-00152 -Request to reclassify Area No. 9
(approximately 124 acres generally bounded by Ball Road to the north, Gilbert
Street to the west, Cerritos Avenue to the south and Brookhurst Street to the
east) from County R1 "Single-Family Residential" District to City RS-2 (Single
Family Residential) Zone.
Reclassification No, 2005-00153 -Request to reclassify Area No. 10
(approximately 2.1 acres at the northeast corner of Gilbert Street and Cerritos
Avenue) from County R2 "Apartment" District to City RS-2 (Single Family
Residential) Zone.
Reclassification No. 2005-00154 -Request to reclassify Area'No. 11
(approximately 3.9 acres adjacent to the west side of Brookhurst Street
including properties 521 feet north of the centerline of Cerritos Avenue and
properties 1,103 feet south of the centerline of Cerritos Avenue) from County
RP"'Residential Professional" District to City RS-2 (Single Family Residential)
Zone.
Reclassification No. 2005-00155 - Request to reclassify Area No. 12
(approximately 54 acres generally bounded by Cerritos Avenue to the north,
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Page 4
Gilbert Street to the west, the Southern California Edison easement to the south
and 185 feet west of the centerline of Brookhurst Street) from County R1
"Single-Family Residential" District to City RS-2 {Single Family Residential)
Zone.
Reclassffication No. 2005-00156 - Request to reclassify Area No. 13
(approximately 26.3 acres generally bounded by Cerritos Avenue to the north,
1,155 feet to the centerline of Magnolia Avenue to the west, the Southern
California Edison easement to the south and Gilbert Street to the east) from
County R1 "Single-Family Residential" District to City RS-2 (Single Family
Residential) Zone.
Reclassification No. 2005-00157 -Request to reclassify Area No. 14
(approximately 2.7 acres generally bounded by Pacific Avenue to the north, 122
feet to the centerline of Magnolia Avenue to the west, the Southern California
Edison easement to the south and 1,324 feet to the centerline of Gilbert Street
to the east) from County R1 "Single-Family Residential" District to City RS-2
(Single Family Residential) Zone.
Reclassification No. 2005-00158 - Request to reclassify Area No. 15
(approximately 11.3 acres generally located 150 feet south of the centerline of
Pacific Avenue, Gilbert Street to the west, the Southern Pacific Railroad to the
south and Brookhurst Street to the east) from County C1(C02-014) "Local
Business" District to City C-G (General Commercial) or less intense Zone.
Reclassification No. 2005-00159 -Request to reclassify Area No. 16
(approximately 31.6 acres generally bounded by the Southern Pacific Railroad
to the north, Gilbert Street to the west, Katella Avenue to the south and 1,321
feet to the centerline of Brookhurst Street to the east) from County R1 "Single-
Family Residential" District to City RS-2 (Single Family Residential) Zone.
Reclassification No. 2005-00160 - Request to reclassify Area No. 17
(approximately 30 acres generally bounded by Pacific Place to the north, Gilbert
Street to the east, Katella Avenue to the south and 156 feet to the centerline of
Markev Street to the west) from County R2D "Two-Family Residence" District to
City RM-2 {Multiple-Family Residential) or less intense Zone.
Reclassification No. 2005-00161 -Request to reclassify Area No. 18
(approximately 0.3 acre at the northwest corner of Katella Avenue and Berry
Avenue) from County R2(3000)(C3201) "Multifamily Dwelling" District to City
RM-2 (Multiple-Family Residential) or less intense Zone.
General Plan Amendment No. 2005-00423 Resolution No.
General Plan Amendment No. 2005-00424 Resolution No.
General Plan Amendment No. 2005-00425 Resolution No.
General Plan Amendment No. 2005-00426 Resolutfon No.
General Plan Amendment No. 2005-00427 Resolution No.
General Plan Amendment No. 2005-00428 Resolution No.
General Plan Amendment No. 2005-00429 Resolution No.
General Plan Amendment No. 2005-00430 Resolution No.
Reclassification No. 2005-00144 Resolution No.
Reclassification No. 2005-00145 Resolution No.
Reclassification No. 2005-00146 Resolution No.
Reclassification No. 2005-00147 Resolution No.
Reclassification No. 2005-00148 Resolution No.
Reclassification No. 2005-00149 Resolution No.
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Reclassification No. 2005-00150 Resolution No.
Reclassification No. 2005-00151 Resolution No.
Reclassification No. 2005-00152 Resolution No.
Reclassification No. 2005-00153 Resolution No.
Reclassification No. 2005-00154 Resolution No.
Reclassification No. 2005-00155 Resolution No.
Reclassification No. 2005-00156 Resolution No.
Reclassification No. 2005-00157 Resolution No.
Reclassification No. 2005-00158 Resolution No.
Reclassification No. 2005-00159 Resolution No.
Reclassification No. 2005-00160 Resolution No.
Reclassification No. 2005-00161 Resolution No.
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Page 6
3a. CEQA Environmental Impact Report No. 329 And Mitigation
Monitoring Plan No. 132
3b. General Plan Amendment No. 2004.00416
3c. Reclassification No. 2004-00114
3d. Variance No. 2004-04597
3e. Tentative Tract Map No. 16440
3f. Request For City Council Review Of Item 3d. And 3e.
Owner: Stonegate Development, LLC, 27071 Cabot Road, Suite
106, Laguna Hills, CA 92653
Location: (No addressl: Property is approximately 32.3 acres,
located approximately 1,400 feet south of the intersection
of Santa Ana Canyon Road and Deer Canyon Road (an
existing maintenance road) between Festival Drive to the
east and Eucalyptus Drive to the west.
General Plan Amendment No. 2004-00416 -Request (a) to amend the Land
Use Element of the General Plan from the Estate Density Residential
designation to the Low Density Residential designation, (b) to amend the Land
Use Element and the Green Element of the General Plan to reconfigure the
Open Space designation on the subject property and (c) to amend the Green
Element of the General Plan to realign the north-south regional trail.
Reclassification No. 2004-00114 -Request reclassification of the property
from the T (SC) (Transition; Scenic Corridor Overlay) zone to the RS-2 (SC)
(Residential, Single-Family; Scenic Corridor Overlay) and the OS (SC)(Open
Space; Scenic Corridor Overlay) zone, or a less intense zone.
Variance No. 2004-04597 -Request waiver of minimum front yard setback for
Lot No. 13 of Tentative Tract Map No. 16440.
Tentative Tract Map No. 16440 -Request to establish a 39-lot., 35-unit
detached single-family subdivision Project Planner:
Environmental Impact Report Resolution No. Amy Vazquez
(avazq uezQanaheim.n et)
General Plan Amendment Resolution No.
Sr8880av.doc
Reclassification Resolution No. Q.S. 202
Variance Resolution No.
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Page 7
4a. CEQA Mitigated Negative Declaration And Mitigation Monitoring
Plan No. 128*
4b. Tentative Tract Map No. 16831
4c. Development Agreement No. 2005-00001
4d. Development Agreement No. 2005-00002
4e. Development Agreement No. 2005-00003
Owner: Peter L. Dunkel, 1515 East Katella Avenue, Anaheim, CA
92805
Agent: Ken France, BRE Properties, 2020 Main Street, # 590,
Irvine, CA 92614
Location: 1515 East Katella Avenue: Property is approximately
14.46 acres with a frontage of 585 feet on the north side of
Katella Avenue and located 739 feet west of the centerline
of State College Boulevard (BRE Properties-Stadium Park
Residential).
Tentative Tract Map No. 16831 - To establish a 5-lot, 451-unit airspace
attached residential condominium subdivision and a 320-unit, mid-rise
apartment building (1515 East Katella Avenue -BRE Properties Stadium Park
Residential).
Development Agreement Nos. DAG2005-00001, DAG2005-00002, AND
DAG2005-00003 -Request to recommend adoption of three Development
Agreements between the City of Anaheim and BRE Properties, Inc. for the
Stadium Park Residential Project to construct 771 multiple-family dwelling units
(320 apartments and 451 condominiums) and associated streets and public
park (DAG2005-00001 - To construct a 320-unit apartment building, associated
streets and public park; DAG2005-00002 - To construct a 196-unit
condominium complex; and DAG2005-00003 - To construct a 255-unit Project Planner:
condominium complex).. John Ramirez
Q pram i rez@ anaheim. net)
Development Agreement No. 2005-00001 Resolution No. Sr5220jr.doe
Q. S. 107
Development Agreement No. 2005-00002 Resolution No.
Development Agreement No. 2005-00003 Resolution No.
Adjourn To Monday, May 2, 2005 at 1:00 P.M. for Preliminary
Plan Review.
H:ldocs\clerical\agendas\041805.doc (04/18/05)
Page 8
CERTIFIGATION OF POSTING
I hereby certify that a complete copy of this agenda was pasted at:
Z o a ern Q~~O i ~~.?~t~
(TIME) ~ (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCgI~L~DISPLA~( KIOSK
SIGNED: /U/ / 4 D
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m.
on the Friday before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning Department's
Automated Tele hone S stem at 714-765-5139.
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Page 9
SCHEDULE
2005
May 2
May 16
June 1 (Wed)
June 13
June 27
July 11
July 25
~~ August 8 ~~
August 22
September 7 (Wed)
September 19
October 3
October 17
October 31
November 14
November 28
December 12
I~ December 28 (Wed) (I
H:\docs\clerical\agendas\041805.doc (04/18/05)
Page 10
ITEM N0. 1-A
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ANAHEIM TOWN ..CUP 2959
SQUARE GUP 2905
CUP 2691
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RCL 5657-1 CUP 2555
T-cUP 2005-04970 CUP 2404
T-CUP 2004-04841 VAR 2002-04466
CUP 2004-04938 VAR 2000-04403 S
T-CUP 2002-04630 VAR 3905
T-CUP 2001-04463 VAR 3740
CUP 4097
CUP 3725 VAR 3412 S
(CUP 836) VAR 3351
(VAR 795) VAR 2401 S
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Conditional Use Permit No. 2004-04938 Subject Property
TRACKING NO. CUP2005-04970 Date: April 18, 2005
Scale: 1" = 200'
Requested By: TIM SAIVAR Q.S. No. 113
REQUEST FOR APPROVAL OF FINAL BUILDING ELEVATION PLANS FOR APREVIOUSLY-
APPROVED 4-UNIT COMMERCIAL CENTER.
A
D
420 South State College Boulevard 1775
ATTACHMENT - R$R 1-A
Conditional Use Permit 2004-04938
420 S. State College Blvd.
TWLA# 04028
NI;C S. State College Blvd. & Westport Dr.
DTF # NP 72
Request: To allow storefront to face the major arterial State College Blvd.
Statement of Justification:
A)
The proposed uses for the subject pazcel will be a dental office in the first tenant
space on the North side, retail sales in the two interior spaces and an office use at the
end unit facing Westport Drive. Pursuant to the comments at the planning
commission heazing we have revised the fagade facing State College to reflect the
reduced glass azea and have added blinds to the storefront providing a means to
obscure visibility if necessary. We will add signage inside the tenant space(s) and
incorporate as part of the lease agreement that no window signs or storage will be
allowed to be visible from the street and no fixtures will be allowed within 18 inches
of the storefront. We agree that the project can be conditioned with this limitation
and the owner will sign & record such an agreement.
Staff requested that the pazking and all entrances be located at the reaz of the building
facing the adjacent residential. We proposed entrances from State College that were
eliminated through staff recommendations. It is essential the retail sales stores have a
visible present to advertise the merchandise facing the major arterial State College.
The dentist and office use should be provided with glass to provide natural light
within the space to present a pleasant working environment.
The proposed building is approximately 4,964 SF. The parking lot will have 28
parking stalls including disabled access pazking. The proposed development meets
the Municipal Code requirements and is consistent with the Zoning Code for
setbacks, building heights, uses, pazking and landscaping. Security lighting will be
provided with trees azound the perimeter to act as a buffer to the adjacent street and
multi-use condominium to the East. All mechanical units will be screened from view
by pazapet walls. The General Plan & Zone designates the property to be
commercial. South State College Boulevazd is a major street and commercial
corridor. The proposed uses will provide for an orderly development of the land with
the existing and contemplated future uses in the general azea.
y d
MAR 2005 w,
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FIGURE NO. 1
ITEM N0. 2
COUNTY ISLANDS 4-AN-6, 4-AN-7 AND 4-AN-8
GENERAL PLAN AMENDMENT NOS. GPA 2005-00423,
GPA 2005-00424, GPA 2005-00425, GPA 2005-00426,
GPA 2005-00427, GPA 2005-00428, GPA 2005-00429
AND GPA 2005-00430; AND
Subject Property
Date: April 18, 2005
Scale: Graphic
Q.S. No. 33, 34, 35,
36, 329
RECLASSIFICATION NOS. RCL 2005-00144, RCL 2005-00145, RCL 2005-00146, RCL 2005-00147,
RCL 2005-00148, RCL 2005-00149, RCL 2005-00150, RCL 2005-00151, RCL 2005-00152,
RCL 2005-00153, RCL 2005-00154, RCL 2005-00155, RCL 2005-00156, RCL 2005-00157,
RCL 2005-00158, RCL 2005-00159, RCL 2005-00160 AND RCL 2005-00161
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FIGURE NO. 2
ITEM N0. 2
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GENERAL PLAN AMENDMENT NOS. GPA 2005-00423,
GPA 2005-00424, GPA 2005-00425., GPA 2005-00426,
GPA 2005-00427, GPA 2005-00428, GPA 2005-00429
AND GPA 2005-00430; AND
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Subject Property
Date: April 18, 2005
Scale: Graphic
Q.S. No. 33, 34, 35,
36. 329
RECLASSIFICATION NOS. RCL 2005-00144, RCL 2005-00145, RCL 2005-00146, RCL 2005-00147,
RCL 2005-00148, RCL 2005-00149, RCL 2005-00150, RCL 2005-00151, RCL 2005-00152,
RCL 2005-00153, RCL 2005-00154, RCL 2005-00155, RCL 2005-00156, RCL 2005-00157,
RCL 2005-00158, RCL 2005-00159, RCL 2005-00160 AND RCL 2005-00161
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FIGURE NO. 3
ITEM N0. 2
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Areas 1 - 5
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Subject Property
Date: April 18, 2005
Scale: Graphic
Q.S. No. 33, 34
Area No. 1 -Approximately 1,2 acres adjacent to the south side of Broadway and 225 feet west of the centerline
of Brookhurst Street.
Area No. 2 -Approximately 2.9 acres at the southwest comer of Broadway and Brookhurst Street.
Area No. 3 -Approximately 109 acres generally bounded by Broadway to the north, Gilbert Street to the west,
Ball Road to the south and 181 feet west of the centerline of Brookhurst Street.
Area No. 4 -Approximately 5 acres at the northwest and southwest comers of Stonybrook Drive
and Brookhurst Street.
Area No. 5 -Approximately 1.4 acres at the northeast comer of Gilbert Street and Ball Road.
1711_1-5
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FIGURE NO. 4
ITEM N0. 2
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Areas 6 - 11 subject Property
Date: April 18, 2005
Scale: Graphic
Q.S. No. 35, 36
Area No. 6 -Approximately 0.6 acres at the southeast corner of Gilbert Street and Ball Road.
Area No. 7 -Approximately 7 acres adjacent to the south side of Ball Road and 177 feet east of the centerline
of Gilbert Street.
Area No. 8 -Approximately 5.5 acres adjacent to the east side of Gilbert Street, 276 feet south of the centerline
of Ball Road.
Area No. 9 -Approximately 124 acres generally bounded by Ball Road to the north, Gilbert Street to the west,
Cerritos Avenue to the south and Brookhurst SVeet to the east.
Area No. 10 -Approximately 2.1 acres at the northeast comer of Gilbert Street and Cerritos Avenue.
Area No. 11 -Approximately 3.9 acres adjacent to the west side of Brookhurst Street including properties
521 feet north of the centerline of Cerritos Avenue and properties 1,103 feet south of the centerline
of Cerritos Avenue. nii e-~i
FIGURE N0.5 ITEM N0. 2
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~~ ~~ 7~
Areas 11 - 18 Subject Property
Date: April 18, 2005
Scale: Graphic
Q.S. No. 29, 36, 36, 329
Area No. 11 -Approximately 3.9 acres adjacent to the west side of Brookhurst Street including properties 521 feet north of the
centedine of Cerritos Avenue and properties 1,103 feet south of the centerline of Cerritos Avenue.
Area No. 12 -Approximately 54 acres generally bounded by Cerritos Avenue to the north, Gilbert Street to the west,
the Southern Califomia Edison easement to the south and 185 feet west of the centerline of Brookhurst Street.
Area No. 13 -Approximately 26.3 acres generally bounded by Cerritos Avenue to the north, 1,155 feet to the centerline
of Magnolia Avenue to the west, the Southem Califomia Edison easement to the south and Gilbert Street to the east
Area No. 14 -Approximately 2:7 acres generally bounded by Pacific Avenue to the north, 122 feet to the centerline of
Magnolia Avenue to the west, the Southem Califomia Edison easement to the south and 1,324 feet to the centerline of
Gilbert Street to the east
Area No. 15 -Approximately 11.3 acres generally located 150 feet south of the centerline of Pacific Avenue, Gilbert Street to
the west, the Southem Pacific Railroad to the south and Brookhurst Street to the east.
Area No. 16 -Approximately 31.6 acres generally bounded by the Southem Pacific Railroad to the north, Gilbert Street to the
west, Katella Avenue to the south and 1,321 feet to the centerline of Brookhurst Street to the east.
Area No. 17 -Approximately 30 acres generally bounded by Pacific Place to the north, Gilbert Street to the east, Katella
Avenue to the south and 156 feet to the centerline of Markev Stree[ to the west.
Area No. 18 -Approximately 0.3 acre at the northwest corner of Katella Avenue and Berry Avenue. ~~~ ~ tt_t s
2a MITIGATED NEGATIVE DECLARATION AND P
acre [du/acJ);designation to the Metlium Den:
designation. i
General Plart Amendment No!2005-00424''
(approximately 1.4 acres at the northeast cori
Low Density;Residential,`(up to 6.5'du/ac) des
du/ac) designation or less intense tlesignatior
General Plan'Amendment No. 2005-00425'•
(approximately 0.6 acre'at the southeast corn
Sr4000gk.doc
sion
Reclassification' No. 20~
acres at the northeast co
"Commercial Neighborfic
Zone.
Page 2
intense Zone.
r~5)
~6)
ENVIROt~
(13)' O
A'
tlt
S~
as
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FI
dE
TI
wi
(N
.: dE
th
(14) AI
tti
G
ey
ac
Ni
pr
At
to
(15); The Land Use Element of the Anaheim General Plan is the official guide fog
future development. it designates the distribution and location of specific la
addresses the permitted densities for'each land use designation. The folio
describes the Anaheim General PlanLand Use"designations and co~~espor
designations thaYare applicable to the subject area:
Page 6
General Plan Density -
Land Use
' Dwelling Units Purpose and Corresponding
Desi
nation er acre du/ac Zonin Desi nations
Low Density ! 0-6.5 du/ac This designation"provides for the development of
Residential single-family detached residences. The RS-2 Zone,
(minimum lot area: of 7,200 sf.) is one of the typical
implementation zones. Other implementation zones
include'RS-1 (minimum 10,000 s.f. lot size), RS-3
(minimum 5,000 sJf, lot size); and RH-3 (minimum
10,000'sf. lot size' in the hill"and can on area .
Corridor' 0-13 du/ac This designation'is intended;to provide+for underutilized
Residential strip commercial areas to convert to residential land
uses. Typical development would include residential
development on minimum one-acre project sites for
quality single-family attached townhouse style housing..:
This housing woultl typically front on arterial highways '~
and incorporate a'~ear access drive orservice alley.
This designation would be implemented by the RM-1
Zone at uch time as a property is proposed to be
converted to a residential use. Currently, the majority
of properties in the City of Anaheim designated for
Corridor Residential uses adjacent to the proposed
annexation area are zoned`C-G General Commercial .
Low-Medium 0-18 du/ac This designation provides for a wide range of
Density ! residential uses, including attached or detached single-
Residential family dwelling units, duplexes and towrthouses and is
typically implemented by the RS-4 (up o 11 du/ac),
RM-1.(3,350 s.f. of land area per unit),:. RM-2 (3,000 s.f.
of land area per unit) and RM-3 (2,400`s.f. of land area
er unit Zones.
Medium'Density 0-36 du/ac r This designation provides for multiple-family uses
Residential ( (typically apartment complexes) and islimplemertted by ,
the RM-3 (2,400 sif. of land area per unit) and RM-4
1,200"s.f. of land`area er unit Zones:
Open Space '- N/A This designatiomis intended'to provide for open space ':
opportunities including the use of utility. easement areas!.
i to rovide recreational and rail access` o residents.
Area No. 1 is currently designated on the County
Suburban Residential land uses (up to 18 du/ac)
tC)
~ocai esusiness uismceco me w[y,~-~,t[,eneraru[
properties are`currentiy developed with commercial:i
closely correspond to the County commercial`zoninc
recommend changing the City General Plan Low De
however, as these properties are currently afthe ent
neighborhood and residential uses on these p~operti
encouraged as a long-term vision for this area:
Area No. 6 (the one multiple-family development irs Area No
apartment completes to the east and south).
Staff also recommends that tfte subjectproperties;be reclas
C1 "Local Business° District to the City,RM-4 (Multiple-Fami
Staff does not recommend a commercial zoning designation
the narrow and small lot configuration, location and existing.::
No. 6 are not conducive for additional commercial land uses
Page 11
': ArE
Su
"Ri
Staff recommends that Area No. 13`properties be reclassified from'the County R1
"Single-Family: Residential" District to the City RS-2 (Single-Family Residential)
Page 13
Staff Report to the
Planning Commission
April'18, 2005
Item IVo. 2
Zone which would most closely correspond to the existing land uses antl current
County residential`zoning classificationion these properties. i
(N) Area No 14 -General Plan Amendment Na 2005-00428 and Reclassification No.
x2005=00157(see daft resolutions imAttachmenYNos. 9 and25)
Area No 14 is currently designated on the Countyof Orange: General Plan for
Suburban Residential land uses (up to 18 du/ac) and is zoned County R1 "Single-'
i Family Residential''-.District which permits up to 6 du/ac, with lot sizes typically
7,200 suf.). This area is currently developed with single-family residences.
.___..:.__. _.. _..__.._ r•_..___.~ _rr._. .__._... .._ _.. _.._ r..._r_. _i. _._... ____
not recommend any amendments to the General Plan Open Space lantl use
designation for the property as the long-term vision for utility`easement areas is to
provide for recreational and rail access opportunities to residents.
Page 144
current County.: residential zoning:classification on theseproperties
Page 15
(R) ;F
2
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RECOMMENDAT
`;(19) Staff reco
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To: Sheri Vander Dussen, Planning Director City of Anaheim
From: Charles E. Kates, Property Owner of the property located at
9882 (Vest Broadway, Anaheim California 92804
Subject: Change of zoning upon annexation by the City of Anaheim.
Upon meeting with G. Scott Koehm and Melanie Adams, P.E on 3-3-OS
it was discovered that none of the City of Anaheim multiple unit
zoning designations seem to duplicate the R-3 Orange County zoning
requirements.
In fareness to the land owner I request that the current County of
Orange R-3 zoning requirements be adopted for the real property
known as 9882 Wes; Broadway Anaheim, Ca. 92804 parcel number 127-092-36
after the annexation to the City of Anaheim.
Si ere ,
Kates~~~'~-
property owner
1~~~~C~IlIl1~Hfl~ ~®3. 4 - 2~
Drat lZes®~u~g®ns
[DRAFT]
Attachment No. 4
RESOLUTION NO. PC2005--"""`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN AMENDMENT NO. GPA 2005-00423 PERTAINING TO THE LAND USE ELEMENT
WHEREAS, on December 14, 2D04, the Anaheim City Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may lead to
annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's boundaries)
4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by the City
Council on May 25, 2005, by its Resolution No. 2004-95; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission directed staff to initiate an
amendment to the Land Use Element of the Anaheim General Plan to redesignate certain real properties
comprising approximately 1.2 acres adjacent to the south side of Broadway and 225 feet west of the centerline
of Brookhurst Street, as shown on Exhibit A attached hereto and labeled "LAND USE ELEMENT, General Plan
Amendment No. 2005-00423, Area No. 1" (hereinafter described as "Area No. 1°), from the Corridor Residential
land use designation to the Medium Densely Residential land use designation; and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the
General Plan may be amended whenever the public necessity and convenience and the general welfare require
such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and
WHEREAS, on April 18, 2005, at 6:00 p.m., the Anaheim Planning Commission did hold a
public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, notice of said
public hearing having been duly given as required by law and in accordance with the provisions of Chapter
18.60 "Procedures" of the Anaheim Municipal Code, to hear and consider evidence for and against said General
Plan Amendment No. 2005-00423 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due consideration., inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY
FIND:
1. That the evidence presented substantiates the need for an amendment to the Anaheim General
Plan and that, therefore, Area No. 1 should be redesignated in said General Plan for Medium Density
Residentialland uses.
2. That the proposed amendment maintains the internal consistency of the General Plan.
3. That the proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
4. That the proposed amendment would maintain the balance of land uses within the City.
5. That the subject properties are physically suitable to accommodate the proposed modification,
including but not limited to access, physical constraints, topography, provisions of utilities, and compatibility with
surrounding land uses.
6. That *'" indicated their presence at the public hearing in opposition to the proposal; and that
one letter was received in opposition.
CALIFORNlA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend the Land Use Element of the General Plan to redesignate
Area No. 1 from the Corridor Residential designation to the Medium Density Residential or less intense
designation; and did recommend, that the City Council, based on its independent review of the Initial Study and
unless additional or contrary infprmation is received during the public meeting, approve the Mitigated Negative
Declaration and Mitigation Monitoring Program No. 133 and find and determine that based upon said Initial
Study and any evidence received at the public meeting, that there is no substantial evidence thafthe project will
have a significant effect on the environment that cannot be mitigated to a level of insignificance as identified in
the Mitigated Negative Declaration, that no new mitigation measures or alternatives will be required beyond
those identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required environmental
documentation for the proposed Amendment and satisfy all requirements of CEQA; and that no further
environmental documentation need be prepared for the proposed General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim
Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of
General Plan Amendment No. 2005-00423, to redesignate Area No. 1 from the Corridor Residential land use
designation to the Medium Density Residential land use designation.
April 18, 2005.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
I, .Eleanor Moms, 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
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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LAND USE ELEMENT
General Plan Amendment No. 2005-00423
Area No. 1
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General Plan Amendment No. 2005-00423
Area No. 1
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Attachment No. 5
RESOLUTION NO. PC2005'****
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION - - -
ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN AMENDMENT NO. GPA 2005-00424 PERTAINING TO THE LAND USE ELEMENT
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may lead to
annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's boundaries)
4-AN-6, 4-AN-7, and 4-AN-B into the City of Anaheim; and
WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by the City
Council on May 25, 2005, by its Resolution No. 2004-95; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission directed staff to initiate an
amendment to the Land Use Element of the Anaheim General Plan to redesignate certain real properties
comprising approximately 1.4 acres at the northeast corner of Gilbert Street and Ball Road, as shown on Exhibit
A attached hereto and labeled "LAND USE ELEMENT, General Plan Amendment No. 2005-00424, Area No. 5"
(hereinafter described as "Area No. 5"), from the Low Density Residential land use designation to the Corridor
Residential land use designation; and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the
General Plan may be amended whenever the public necessity and convenience and the general welfare require
such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and
WHEREAS, on April 18, 2005, at 6:00 p.m., the Anaheim Planning Commission did hold a
public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, notice of said
public hearing having been duly given as required by law and in accordance with the provisions of Chapter
18.60 "Procedures" of the Anaheim Municipal Code, to hear and consider evidence far and against said General
Plan Amendment No. 2005-00424 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY
FIND:
1. That the evidence presented substantiates the need for an amendment to the Anaheim General
Plan and that, therefore, Area No. 5 should be redesignated in said General Plan for Corridor Residential land
uses.
2. That the proposed amendment maintains the internal consistency of the General Plan.
3. That the proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
4. That the proposed amendment would maintain the balance of land uses within the City.
5. That the subject properties are physically suitable to accommodate the proposed modification,
including but not limited to access, physical constraints, topography, provisions of utilities, and compatibility with
surrounding land uses.
6. That *** indicated their presence at the public hearing in opposition to the proposal; and that no
letters were received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend the Land Use Element of the General Plan to redesignate
Area No. 5 from the Low Density Residential designation to the Corridor Residential or less intense designation;
and did recommend, that the City Council, based on its independent review of the Initial Study and unless
additional or contrary information is received during the public meeting, approve the Mitigated Negative
Declaration and Mitigation Monitoring Program No. 133 and find and determine that based upon said Ihitfaf
Study and any evidence received at the public meeting, that there is no substantial evidence that the project will
have a significant effect on the environment that cannot be mitigated to a level of insignificance as identified in
the Mitigated Negative Declaration, that no new mitigation measures or alternatives will be required beyond
those identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required environmental
documentation for the proposed Amendment and satisfy all requirements of CEQA; and that no further
environmental documentation need be prepared for the proposed General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED., that pursuant to the above findings, the Anaheim
Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of
General Plan Amendment No. 2005-00424, to redesignate Area No. 5 from the Low Density Residential land
use designation to the Corridor Residentialtand use designation.
April 18, 2005.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission held on
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2005.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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General Plan Amendment No. 2005-00424
Area No. 5
Exhibit A
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[DRAFT]
RESOLUTION NO. PC2005-""°
Attachment No. 6
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN AMENDMENT NO. GPA 2005-00425 PERTAINING TO THE LAND USE ELEMENT
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may lead to
annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's boundaries)
4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by the City
Council on May 25, 2005, by its Resolution No. 2004-95; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission directed staff to initiate an
amendment to the Land Use Element of the Anaheim General Plan to redesignate certain real properties
comprising an approximately 0.6 acre area at the southeast corner of Gilbert Street and Ball Road, as shown on
Exhibit A attached hereto and labeled "LAND USE ELEMENT, General Plan Amendment No. 2005-00425, Area
No. 6" (hereinafter described as "Area No. 6"), from the Low Density Residential land use designation to the
Medium Density Residential land use designation; and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code., provisions of the
General Plan may be amended whenever the public necessity and convenience and the general welfare require
such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and
WHEREAS, on April 18, 2005, at 6:00 p.m., the Anaheim Planning Commission did hold a
public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, notice of said
public hearing having been duly given as required bylaw and in accordance with the provisions of Chapter
18.60 "Procedures° of the Anaheim Municipal Code, to hear and consider evidence for and against said General
Plan Amendment No. 2005-00425 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY
FIND:
1. That the evidence presented substantiates the need for an amendment to the Anaheim General
Plan and that, therefore, Area No. 6 should be redesignated in said General Plan for Medium Density
Residential land uses.
2. That the proposed amendment maintains the internal consistency of the General Plan.
3. That the proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
4. That the proposed amendment would maintain the balance of land uses within the City.
5. That the subject properties are physically suitable to accommodate the proposed modification,
including but not limited to access, physical constraints, topography, provisions of utilities, and compatibility with
surrounding land uses.
6. That *" indicated their presence at the public hearing in opposition to the proposal; .and that no
letters were received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend the Land Use Element of the General Plan to redesignate
Area No. 6 from the Low Density Residential designation to the Medium Density Residential or less intense
designation; and did recommend that the City Council, based on its independent review of the Initial Study. and..
unless additional or contrary information is received during the public meeting, approve the Mitigated Negative
Declaration and Mitigation Monitoring Program No. 133 and find and determine that based upon said Initial
Study and any evidence received at the public meeting, that there is no substantial evidence that the project will
have a significant effect on the environment that cannot be mitigated to a level of insignificance as identified in
the Mitigated Negative Declaration, that no new mitigation measures or alternatives will be required beyond
those identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required environmental
documentation for the proposed Amendment and satisfy all requirements of CEQA; and that no further
environmental documentation need be prepared for the proposed General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim
Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of
General Plan Amendment No. 2005-00425, to redesignate Area No. 6 from the Low Density Residential land
use designation to the Medium Density Residential land use designation.
April 18, 2005.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2005.
IN WITNESS WHEREOF, I have hereunto set my hand this day of ,
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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General Plan Amendment No. 2005-00425
Area No. 6
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LAND USE ELEMENT
General Plan Amendment No. 2005-00425
Area No. 6
Exhibit A
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[DRAFT]
RESOLUTION NO. PC2005--""`
Attachment No. 7
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN AMENDMENT NO. GPA 2005-D0426 PERTAINING TO THE LAND USE ELEMENT
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may lead to
annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's boundaries)
4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by the City
Council on May 25, 2005, by its Resolution No. 2004-95; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission directed staff to initiate an
amendment to the Land Use Element of the Anaheim General Plan to redesignate certain real properties
comprising an approximately 7 acre area adjacent to the south side of Ball Road and 177 feet east of the
centerline of Gilbert Street, as shown on Exhibit A attached hereto and labeled "LAND USE ELEMENT, General
Plan Amendment No. 2005-00426, Area No. 7" (hereinafter described as "Area No. 7"), from the Low Density
Residential land use designation to the Medium Density Residential land use designation; and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the
General Plan may be amended whenever the public necessity and convenience and the general welfare require
such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and
WHEREAS, on April 18, 2005, at 6:00 p.m., the Anaheim Planning Commission did hold a
public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, notice of said
public hearing having been duly given as required by law and in accordance with the provisions of Chapter
18.60 "Procedures° of the Anaheim Municipal Code, to hear and consider evidence for and against said Generel
Plan Amendment No. 2005-00426 and to investigate and make findings and recommendations in connection
therewith; .and
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY
FIND:
1. That the evidence presented substantiates the need for an amendment to the Anaheim General
Plan and that, therefore, Area No. 7 should be redesignated in said General Plan for Medium Density
Residential land uses.
2. That the proposed amendment maintains the internal consistency of the General Plan.
3. That the proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
4. That the proposed amendment would maintain the balance of land uses within the City.
5. That the subject properties are physically suitable to accommodate the proposed modification,
including but not limited to access, physical constraints, topography, provisions of utilities, and compatibility with
surrounding land uses.
6. That "' indicated their presence at the public hearing in opposition to the proposal; and that no
letters were received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend the Land Use Element of the General Plan to redesignate
Area No. 7 from the Low Density Residential designation to the Medium Density Residential or less intense
designation; and did recommend, that the City Council, based on its independent review of the Initial Study aid
unless additional or contrary information is received during the public meeting, approve the Mitigated Negative
Declaration and Mitigation Monitoring Program No. 133 and find and determine that based upon said Initial
Study and any evidence received at the public meeting, that there is no substantial evidence that the project will
have a significant effect on the environment that cannot be mitigated to a level of insignificance as identified in
the Mitigated Negative Declaration, that no new mitigation measures or alternatives will be required beyond
those identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required environmental
documentation for the proposed Amendment and satisfy all requirements of CEQA,; and that no further
environmental documentation need be prepared for the proposed General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim
Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of
General Plan Amendment No. 2005-00426, to redesignate Area No.7 from the Low Densely Residential land use
designation to the Medium Density Residential land use designation.
April 18, 2005.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2005.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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General Plan Amendment No. 2005-00426
Area No. 7
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General Plan Amendment No. 2005-00426
Area No. 7
Exhibit A
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{DRAFT]
Attachment No. 8
RESOLUTION NO. PC2005--*****
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION - --
ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN AMENDMENT NO. GPA 2005-00427 PERTAINING TO THE LAND USE ELEMENT.
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may lead to
annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's boundaries)
4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by the City
Council on May 25, 2005, by its Resolution No. 2004-95; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission directed staff to initiate an
amendment to the Land Use Element of the Anaheim General Plan to redesignate certain real properties
comprising an approximately 5.5 acre area adjacent to the east side of Gilbert Street, 276 feet south of the
centerline of Ball Road, as shown on Exhibit A attached hereto and labeled "LAND USE ELEMENT, General
Plan Amendment No. 2005-00427, Area No. 8" (hereinafter described as "Area No. 8"), from the Low Density
Residential land use designation to the Medium Density Residential land use designation; and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the
General Plan may be amended whenever the public necessity and convenience and the general welfare require
such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and
WHEREAS, on April 18, 2005, at 6:00 p.m., the Anaheim Planning Commission did hold a
public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, notice of said
public hearing having been duly given as required by law and in accordance with the provisions of Chapter
18.60 "Procedures" of the Anaheim Municipal Code, to hear and consider evidence for and against said General
Plan Amendment No. 2005-00427 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY
FIND:
1. Thak the evidence presented substantiates the need for an amendment to the Anaheim General
Plan and that, therefore, Area No. 8 should be redesignated in said General Plan for Medium Density
Residential land uses.
2. That the proposed amendment maintains the internal consistency of the General Plan.
3. That the proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
4. That the proposed amendment would maintain the balance of land uses within the City.
5. That the subject properties are physically suitable to accommodate the proposed modification,
including but not limited to access, physical constraints, topography, provisions of utilities, and compatibility with
surrounding land uses.
6. That *** indicated their presence at the public hearing in opposition to the proposal; and that no
letters were received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend the Land Use Element of the General Plan to redesignate
Area No. 8 from the Low Density Residential designation to the Medium Density Residential or less intense
designation; and did recommend, that the City Council, based on its independent review of the Initial Study and
unless additional or contrary information is received during the public meeting, approve the Mitigated Negative
Declaration and Mitigation Monitoring Program No. 133 and find and determine that based upon said Initial`"
Study and any evidence received at the public meeting, that there is no substantial evidence that the project will
have a significant effect on the environment that cannot be mitigated to a level of insignificance as identified in
the Mitigated Negative Declaration, that no new mitigation measures or alternatives will be required beyond
those identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required environmental
documentation for the proposed Amendment and satisfy all requirements of CEQA; and that no further
environmental documentation need be prepared for the proposed General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim
Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of
General Plan Amendment No. 2005-00427, to redesignate Area No. 8 from the Low Density Residential land
use designation to the Medium Density Residential land use designation.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission held on
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2005.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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[DRAFT]
Attachment No. 9
RESOLUTION NO. PC2005-""'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN AMENDMENT NO. GPA 2005-00428 PERTAINING TO THE LAND USE ELEMENT
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may lead to
annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's boundaries)
4-AN-8, 4-AN-7, and 4-AN-6 into the City of Anaheim; and
WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by the City
Council on May 25, 2005, by its Resolution No. 2004-95; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission directed staff to initiate an
amendment to the Land Use Element of the Anaheim General Plan to designate certain real properties
comprising an approximately 2.7 acre area generally bounded by Pacific Avenue to the north, 122 feet to the
centerline of Magnolia Avenue to the west, the Southern California Edison easement to the south and 1,324 feet
to the centerline of Gilbert Street to the east, as shown on Exhibit A ariached hereto and labeled "LAND USE
ELEMENT, General Plan Amendment No. 2005-00428, Area No. 14° (hereinafter described as "Area No. 14"j,
to the Low Density Residential land use designation; and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the
General Plan may be amended whenever the public necessity and convenience and the general welfare require
such amendment when adopted by a resolution of the Ciry Council in the manner prescribed by law; and
WHEREAS, on April 18, 2005, at 6:00 p.m., the Anaheim Planning Commission did hold a
public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, notice of said
public hearing having been duly given as required by law and in accordance with the provisions of Chapter
18.60 "Procedures° of the Anaheim Municipal Cade, to hear and consider evidence for and against said General
Plan Amendment No. 2005-00428 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY
FIND:
1. That the evidence presented substantiates the need for an amendment to the Anaheim General
Plan and that, therefore, Area No. 14 should be designated in said General Plan far Low Density Residential
land uses.
2. That the proposed amendment maintains the internal consistency of the General Plan,
3. That the proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
4. That the proposed amendment would maintain the balance of land uses within the City.
5. That the subject properties are physically suitable to accommodate the proposed modification,
including but not limited to access, physical constraints, topography, provisions of utilities, and compatibility with
surrounding land uses.
6. That "' indicated their presence at the public hearing in opposition to the proposal; and that no
letters were received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend the Land Use Element of the General Plan to designate Area
No. 14 to the Low Density Residential land use designation; and did recommend, that the City Council, based-
on its independent review of the Initial Study and unless additional or contrary information is received during the
public meeting, approve the Mitigated Negative Declaration and Mitigation Monitoring Program No: 133 and find
and determine that based upon said Initial Study and any evidence received at the public meeting, that there is
no substantial evidence that the project will have a significant effect on the environment that cannot be mitigated
to a level of insignificance as identified in the Mitigated Negative Declaration, that no new mitigation measures
or alternatives will be required beyond those identified in Mitigation Monitoring Program No. 133, and that the
Mitigated Negative Declaration and Mitigation Monitoring Program No. 133 are in compliance with the California
Environmental Quality Act ("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the
required environmental documentatioh for the proposed Amendment and satisfy all requirements of CEQA; and
that no further environmental documentation need be prepared for the proposed General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim
Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of
General Plan Amendment No. 2005-00428, to designate Area No. 14 to the Low Density Residential land use
designation.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission held on
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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General Plan Amendment No. 2005-00428
Area No. 14
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1750.6
[DRAFT]
Attachment No. 10
RESOLUTION NO. PC2005--*****
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN AMENDMENT N0. GPA 2005-00429 PERTAINING TO THE LAND USE ELEMENT-
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may lead to
annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's boundaries)
4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by the City
Council on May 25, 2005, by its Resolution No. 2004-95; and
WHEREAS, on March 7, 2005, the Anaheim City Planning Commission directed staff to initiate
an amendment to the Land Use Element of the Anaheim. General Plan to designate certain real properties
comprising approximately 30 acres generally bounded by Pacific Place to the north, Gilbert Street to the east,
Katella Avenue to the south and 156 feet to the centerline of Markev Street to the west, as shown on Exhibit A
attached hereto and labeled "LAND USE ELEMENT, General Plan Amendment No. 2005-00429, Area No. 17"
(hereinafter described as Area No. 17), to the Low-Medium Density Residential land use designation; and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the
General Plan may be amended whenever the public necessity and convenience and the general welfare require
such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and
WHEREAS, on April 18, 2005, at 6:00 p.m., the Anaheim Planning Commission did hold a
public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, notice of said
public hearing having been duly given as required by law and in accordance with the provisions Chapter 18.60
"Procedures", of the Anaheim Municipal Code, to hear and consider evidence for and against said General Plan
Amendment No. 2005-00429 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the General Plan Amendment proposes to amend the Land Use Element of the
General Plan, as follows:
Land Use Element
(a) Amend Tattle LU-4 of the Land Use Element of the General Plan, General Plan
Density Provisions for Specific Areas of the City, by adding density provisions for Area No. 17 to
Table LU-4 as shown on Exhibit B attached hereto.
(b) Amend Figure LU-5 of the Land Use Element of the General Plan, Areas of the
City with Special Density Limitations, which identifies the areas in the City that have special
density provisions in place to limit future growth, by designating Area No. 17on Figure LU-5,
Areas of the City with Special Density Limitations map.
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing., DOES HEREBY
FIND:
1. That the evidence presented substantiates the need for an amendment to the Anaheim General
Plan and that, therefore, Area No. 17 should be designated in said General Plan for Low-Medium Density
Residential land uses and the permitted density should be up to 240 dwelling units maximum (two dwelling units
per parcel).
2. That the proposed amendment maintains the internal consistency of the General Plan.
3. That the proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
4. That the proposed amendment would maintain the balance of land uses within the City.
5. That the subject properties are physically suitable to accommodate the proposed modification,
including but not limited to access, physical constraints, topography, provisions of utilities, and compatibility with
surrounding land uses.
6. That "'* indicated their presence at the public hearing in opposition to the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend the Land Use Element of the General Plan to designate Area
No. 17 to the Low-Medium Density Residential or less intense designation; and did recommend, that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information is
received during the public meeting, approve the Mitigated Negative Declaration and Mitigation Monitoring
Program No. 133 and find and determine that based upon said Initial Study and any evidence received at the
public meeting, that there is no substantial evidence that the project will have a significant effect on the
environment that cannot be mitigated to a level of insignificance as identified in the Mitigated Negative
Declaration, that no new mitigation measures or alternatives will be required beyond those identified in
Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and Mitigation Monitoring
Program No. 133 are incompliance with the California Environmental Quality Act ("CEQA") and the State and
City CEQA Guidelines and are adequate to serve as the required environmental documentation for the
proposed Amendment and satisfy all requirements of CEQA; and that no further environmental documentation
need be prepared for the proposed General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim
Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of
General Plan Amendment No. 2005-00429, to designate Area No. 17 to the Low-Medium Density Residential
land use designation and amend Figure LU-5, Areas of the City with Special Density Limitations and Table LU-
4, General Plan Density Provisions for Specific Areas of the City.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission held on
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005. _ ' ,
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
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WITELU AVE
LAND USE ELEMENT
General Plan Amendment No. 2005-00429
Area No. 17
Exhibit A
LOW pENDm
gEE1pEMIAL
LDwpsxsm
RES1DExruL
LOW OENEm
gEGIOEMIAL
nso-7
Exhibit B
TABtE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY
Location General Plan Land Use Desi nations Permitted Densi
The Mountain Low Medium Hillside Density Residential 485
Park Area (Up to 6 du/ac)
Low Medium Density Residential 2,015
(Up to 16 du/ac) (Up to 2,500 dwelling units)
Area "A"
(Parcel Map Low-Medium Density Residential Up to 140 dwelling units
94-205
The Disneyland Commercial Recreation See Note No. 1 on next page.
Resort Specific
Plan (SP 92-1)
Area
The Anaheim Commercial Recreation See Note No. 2 on next page.
ResortB Specific
Plan (SP 92-2)
Area
Hotel Circle Commercial Recreation The Hotel Circle Specific Plan allows for a
Specific Plan master planned hotel project including up
(SP 93-1) Area to 969 hotel rooms and integrated guest
oriented amenities including full-service
restaurants, conference room/banquet
facilities, pool and spa areas, tour
bus/shuttle facilities, and pedestrian
promenades and plaza areas with
comprehensive landscaping.
The Platinum . Mixed-Use Up to 9,175 dwelling units at densities up
Triangle Area to 100 dwelling units per acre; up to
3,265,000 s.f. of office development at
maximum FAR of 2:00; and, up to
2,044,300 s.f. of commercial development
at a maximum FAR of 0.40.
Office High and Office Low Up to 1,735,000 s.f. of office development
at a maximum FAR of 2.0 for properties
designated Office-High and a maximum
FAR of 0.50 for properties designated
Office-Low.
Area No. 17 `Low Medium Density Residential" °Up to 240 dwelling units maximum (two
(General Plan dwelling units per parcel)"
Amendment No.
2005-00429"
Exhibit 8
Note No. 1: The Disneyland Resort Specifc Plan provides for the development of an approximate 489.7 acre
international multi-day vacation designation resort including ongoing modifications to the Disneyland theme park, the
development of a new theme park, additional hotels and entertainment areas, administrative office'facilities, new public
and private parking facilities, and an internal transportaticn system. This development pis within five planning Districts
(Theme Park, Hotel, Parking, Future Expansion and Distdct A) and a C-R Overlay, which allows development within
the Overlay to either be consistent with the underlying Resort Distdct or subject to the same land uses as in the
Anaheim Resort Specific Plan No. 92-2 Zone. The Disneyland Resort Specific Plan also identifies maximum
development density designations for hotel/motel development in the Hotel District (up to 5,600 hotel rooms for the
entire District with up to 1,000 hotel rooms transferable tc the Theme Park District), in District A {the maximum number
of units permitted would be 75 hotel/motel rooms per gross acre or 75 hotel/motel rooms per parcel existing on June
29, 1993, whichever is greater) and the C-R Oveday (the maximum number of units permitted on a parcel would be the
following: 1) far parcels designated Low Density - up to 50 hotel rooms per gross acre or 75 rooms, whichever is
greater; and 2) for parcels designated Medium Density - up to 75 hotel rooms per gross acre or 75 rooms, whichever
is greater; provided that for those parcels that are developed with hoteUmotel rooms which exceeded the maximum
density designation, the number of rooms existing on the date of adoption of The Disneyland Resort Specific Plan
Ordinance may be rebuilt or modified at their existing density.) It should be noted that accessory uses may be
developed as well as other visitor-serving commercial/retail and restaurant uses along with these hoteUmotel uses.
The Disneyland Resort Specific Plan also provides for the development of the Pointe Anaheim Lifestyle Retail and
Entertainment Complex pursuant to the Pointe Anaheim pverlay at the following density and subject to the approval of
Conditional Use Permit No. 4076 to permit the following: up to 634,600 gross square feet of retail/dining/entertainment
uses; three to four hotels compdsing 1.,662 hotel rooms/suites (of which up to 200 units can be developed as vacation
ownership resort units) with approximately 262,071 grass square feet of related accessory uses {the hotel
rooms/accessory uses would encompass a maximum of 1,330,771 gross square feet) and, of that total, an
approximate 133,630 gross square foot area on the top floor of the parking structure to be used for a hotel conference
center, and, a 1,949,600 gross square foot parking structure with 4,800 striped parking spaces and 15 bus parking
spaces at full bufldout with a 10,200 gross square foot bus terminal/facility for airpprt transport and to/from sightseeing
venues. The Pointe•Anaheim Oveday encompasses District A and the portion of the Parking District {East Parking
rvo[e rvo. z: r ne rmaneim rcesort ~pecmc Tian prowces for me ceveiopmen[ or approximately b4y.b acres wrtnm the
C-R (Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well as
:restaurants, retail shops and entertainment facilities; the PR (Public Recreation) District which encompasses the
Anaheim Convention Center and associated parking facilities and provides for the orderly use of City-owned property
as well as the existing Anaheim Hilton Notel; and, the Mobilehome Park (MHP) Overlay which encompasses existing
mobilehome parks within the C-R District and provides development standards for mobilehome parks and regulations
and procedures to mitigate relocation concerns and adverse effects of displacement upon mobilehome owners when a
pads is converted to another land use. The Anaheim Resort Specific Plan also identifies maximum development
density designations in the C-R District. These designations are based upon hoteUmotel development and allow up to
20% of each hotel/motel project gross square footage,.excluding parking facilities, to be developed with integrated (i.e..,
included within the main hotel/motel complex) accessary uses. These accessory uses will reduce the otherwise
maximum permitted hotel/motel density at the rate of one hplel/motel room per six hundred (600) gross square feet of
accessory use. For properties proposed to be developed with permitted and conditionally permitted uses other than
hotels/motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated
with the otherwise permitted hoteUmotel (including accessary uses) density as determined by the City Traffic and
Transportation Manager pdor to Final Site Plan review and approval. The density designations are as follows: "Low
Densty," which has a maximum density of up to 50 rcoms per gross acre or 75 rooms per lot or parcel, whichever is
greater; "Low-Medium Density; up to 75 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater;
"Medium Density, up to 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater, and,
"Convention Center (CC) Medium Density," up to 125 rooms per gross acre with trip generation characteristics
mitigated to the equivalent of 100 rooms per gross acre, or 75 rooms per lot or parcel, whichever is greater. For those
parcels that are developed with hotel/motel rooms which exceed the maximum density designation, the number of
rooms existing on the date of adoption of the Anaheim Resort Specific Plan Ordinance may be rebuilt or modified at
[DRAFT]
Attachment No. 11
RESOLUTION NO. PC2005--***"*
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN AMENDMENT NO. GPA 2005-00430 PERTAINING TO THE LAND USE ELEMENT
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may lead to
annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's boundaries)
4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, the City of Anaheim has an adopted General Plan, which was updated by the City
Council on May 25, 2005, by its Resolution No. 2004-95; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission directed staff to initiate an
amendment to the Land Use Element of the Anaheim General Plan to designate certain real properties
comprising an approximately 0:3 acre area at the northwest corner of Katella Avenue and Berry Avenue, as
shown on Exhibit A attached hereto and labeled "LAND USE ELEMENT, General Plan Amendment No. 2005-
00430, Area No.18" (hereinafter described as "Area No. 18"), to the Low-Medium Density Residential land use
designation; and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the
General Plan may be amended whenever the public necessity and convenience and the general welfare require
such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and
WHEREAS, on April 18, 2005, at 6:00 p.m., the Anaheim Planning Commission did hold a
public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, notice of said
public hearing having been duly given as required by law and in accordance with the provisions of Chapter
18.60 "Procedures" of the Anaheim Municipal Code, to hear and consider evidence for and against said General
Plan Amendment No. 2005-00430 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY
FIND:
1. That the evidence presented substantiates the need for an amendment to the Anaheim General
Plan and that, therefore, Area No. 18 should be designated in said General Plan for Low-Medium Density
Residential land uses.
2. That the proposed amendment maintains the internal consistency of the General Plan.
3. That the proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
4. That the proposed amendment would maintain the balance of land uses within the City.
5. That the subject properties are physically suitable to accommodate the proposed modification,
including but not limited to access, physical constraints, topography, provisions of utilities, and compatibility with
surrounding land uses.
6. That *** indicated their presence at the public hearing in opposition to the proposal; and that no
letters were received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to amend the Land Use Element of the General Plan to designate Area
No. 18 to the Low-Medium Density Residential or less intense designation; and did recommend, that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information is
received during the public meeting, approve the Mitigated Negative Declaration and Mitigation Monitoring
Program No. 133 and find and determine that based upon said Initial Study and any evidence received at ttie
public meeting, that there is no substantial evidence that the project will have a significant effect on the
environment that cannot be mitigated to a level of insignificance as identified in the Mitigated Negative
Declaration, that no new mitigation measures or alternatives will be required beyond those identified in
Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and Mitigation Monitoring
Program No. 133 are in compliance with the California Environmental Quality Act ("CEQA") and the State and
City CEQA Guidelines and. are adequate to serve as the required environmental documentation for the
proposed Amendment and satisfy all requirements of CEQA; and that no further environmental documentation
need be prepared for the proposed General Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim
Planning Commission does hereby adopt and recommend to the City Council of the Ciry of Anaheim adoption of
General Plan Amendment No. 2005-00430, to designate Area No. 18 to the Low-Medium Density Residential
land use designation.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Mprzis, 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
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT A
LOW MEDIUM DENSITY RESIDENTIAL
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General Plan Amendment No. 2005-00430
Area No. 18
Exhibit A
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[DRAFT]
Attachment No. 12
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0.2005-00144 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved
a memorandum of understanding with the County of Orange stipulating that the City would pursue a
process that may lead to annexation of County Islands (i.e., pockets of land that are surrounded by but
not within any city's boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately 1.2
acre area adjacent to the south side of Broadway and 225 feet west of the centerline of Brookhurst Street
situated in the County of Orange, State of California, as shown on Exhibit A attached hereto and labeled
"Property Description for Reclassification No. 2005-00144, Area No. 1 ° (hereinafter described as Area No.
1); and
WHEREAS, the Planning Commission did hold a public hearlng at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said putilic hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
R3 (Apartment) District to the City of Anaheim RM-4 (Multiple-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 1.2 acres, are currently
utilized for multiple family and single family residences; and that the Land Use Element of the Anaheim
General Plan designates the properties for Corridor Residential land uses
4. That General Plan Amendment No. 2005-00423 (request to redesignate from Corridor
Residential to Medium Density Residential) is being considered in conjunction with this request
(Resolution No 2005- ).
5. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
6. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
7. That"" indicated their presence at the public hearing in opposition to the proposal; and
that one letter was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 1; and did recommend that the City
Council, based on its :independent review of the Initial Study and unless additional or contrary information
CR\PC2005-0 -1- PC2005-
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation -- --
Monitoring .Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in ttie Mitigated
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R3
(Apartment) District and to incorporate said described properties into the City of Anaheim RM-4 (Multiple-
Family Residential) Zone.
BE IT FURTHER RESOLVED, that this Resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject properties; 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; .and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, 'rf they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building perrnit is issued, unless said time
period is duly extended by the City of Anaheim Building Official
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors., unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
-2- PC2005-
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any'
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) tp
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
HIAWATHA AVE
RAMM DR
Property Description for Reclassification No. 2005-00144
Area No. 1
Subject Property
Date: April 18, 2005
Scale: 1" = 200'
Q.S. No. 33
1749_1
BROADWAY
[DRAFT]
Attachment No. 13
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2005-00145 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-B into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim City Planning Commission did, by motion,
initiate a petition for Reclassification of certain real properties comprising an irregularly-shaped
approximately 2.9 acre area at the southwest corner of Broadway and Brookhurst Street situated in the
County of Orange, State of California, as shown on Exhibit A attached hereto and labeled "Property
Description for Reclassification No. 2005-00145, Area No. 2" (hereinafter described as Area No. 2); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at&:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
C1 (Local Business) District to the City of Anaheim C-G (General Commercial) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 2.9 acres, are currently
utilized for commercial retail uses; and that the Land Use Element of the Anaheim General Plan
designates the properties for Corridor Residential land uses.
4. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
6. That "` indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 2; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
CR\PC2005-0 -1- PC2005-
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and -- :. _
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange C1
(Local Business) District and to incorporate said described properties into the City of Anaheim C-G
(General Commercial) Zone.
BE IT FURTHER RESOLVED, that this Resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject properties; 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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-B into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 160 days from the date of
the approval by the local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance., etc.)
that has been approved by the County Planning Commission pr County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
-2- PC2005-
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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RAMM DR
RAMM pR
Property Description for Reclassification No. 2005-00145 Subject Property
Area No. 2 Date: April 18, 2005
Scale: 1" = 200'
Q.S. No. 133
1749 2
[DRAFT]
Attachment No. 14
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION "
THAT PETITION FOR RECLASSIFICATION N0.2005-00146 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-B into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately
109 acre area generally bounded by Broadway to the north., Gilbert Street to the west, Ball Road to the
south and 181 feet west of the centerline of Brookhurst Street situated in the County of Orange, State of
California, as shown on Exhibit A attached hereto and labeled "Property Description for Reclassification
No. 2005-00146, Area No. 3" (hereinafter described as Area No. 3); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60"Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
R1 (Single-Family Residential) District to the City of Anaheim RS-2 (Single-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 109 acres., are currently
utilized for single family residences; and that the Land Use Element of the Anaheim General Plan
designates the properties for Low Density Residential land uses. -
4. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject properties does properly relate to the zones
.and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 3; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
CR\PC2005-0 -1- PC2005-
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those .- .___
identified in Mitigation Monitoring Program No. 133., and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required" "
environmental documentation for the proposed Reclassification and satisfy all :requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R1
(Single-Family Residential) District and to incorporate said described properties into the City of Anaheim
RS-2 (Single-Family Residential) Zone.
BE IT FURTHER RESOLVED, that this Resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject properties; 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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter refereed to as "County") prior to the
approval by the Local Agency. Formation Commission of the annexation of County Islands 4AN-6, 4-AN-
7 and 4-AN-B into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-B into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 160 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have mot been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
-2- PC2005-
the County Planning Department as of 5 p:m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Ofricial.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WFtEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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B.VI POAY Bp1L POAD
Property Description for Reclassification No. 2005-00146 ~,: Subject Property
Area No. 3 Date: April 18, 2005
Scale: Graphic
Q.S. No. 33, 34
1749 3
1 +
r
' s:
1
2
[DRAFT]
Attachment No. 15
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION "
THAT PETITION FOR RECLASSIFICATION NO. 2005-00147 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005., the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately 0.5
acre area at the northwest and southwest comers of Stonybrook Drive and Brookhurst Street situated in
the County of Orange, State of California, as shown on Exhibit A attached hereto and labeled "Property
Description for Reclassification No. 2005-00147, Area No. 4° (hereinafter described as Area No. 4); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures°, to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
C1 (Local Business) District to the City of Anaheim C-G (General Commercial) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties., which comprise approximately 0.5 acre, are currently utilized
for commercial uses; and that the Land Use Element of the Anaheim General Plan designates the
properties far Low Density Residential land uses.
4. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
6. That "' indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 4; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, .approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
CR\PC2005-0 -1- PC2005-
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and ..
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange C1
(Local Business) District and to incorporate said described properties into the City of Anaheim C-G
(General Commercial) Zone.
BE IT FURTHER RESOLVED, that this Resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject properties; 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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was Issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-B into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
-2- PC2005-
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisbrs,
unless said time period is duly extended by the approval authority; and if a building pennit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.,2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
jDRAFT]
Attachment No. 16
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2005-00148 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately 1.4
acre area at the northeast comer of Gilbert Streetand Ball Road situated in the County of Orange, State
of California, as shown on Exhibit A attached hereto and labeled "Property Description for Reclassification
No.2005-00148, Area No. 5" (hereinafter described as Area No. 5); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed reclassification and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Gommission, 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 the proposed reclassification of the subject properties is from the County of Orange
CN(C2884) (Commercial Neighborhood) District to the City of Anaheim C-G (General Commercial) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("I.AFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 1.4 acres, are currently
utilized for commercial uses; and that the Land Use Element of the Anaheim General Plan designates the
properties for Low Density Residential land uses.
4. That General Plan Amendment No. 2005-00424 (request to redesignate from Low
Density Residential to Corridor Residential) is being considered in conjunction with this request
(Resolution No 2005- ).
5. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
6. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
7. That "` indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassity Area No. 5; and did recommend that the City
Council, based on its independent review of the Initial Study prepared and unless additional or contrary
information is received during the public meeting, approve the Mitigated Negative Declaration and
CR1PC2005-0 -1- PC2005-
Mitigation Monitoring Program No. 133 and find and determine that based upon said Initial Study and .any......
evidence received at the public meeting, that there is no substantial evidence that the project will have a
significant effect on the environment that cannot be mitigated to a level of insignificance as identified in
the Mitigated Negative Declaration, that no new mitigation measures or alternatives will be required
beyond those identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative
Declaration and Mitigation Monitoring Program No. 133 are in compliance with the California
Environmental Quality Act ("CEQA") and the State and City CEQA Guidelines and are adequate to serve
as the required environmental documentation for the proposed Reclassification and satisfy all
requirements of CEQA; and that no further environmental documentation need be prepared for the
proposed Reclassification.
.NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange
CN(C2684) (Commercial Neighborhood) District and to incorporate said described properties into the City
of Anaheim C-G (General Commercial) Zone.
BE IT FURTHER RESOLVED, that this Resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject properties; 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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p:m. on the day before the
approval by the Local Agency Formation Commission of the annexation pf County Islands 4-AN-6, 4-AN-
7 and 4-AN-B into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-B into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
-2- PC2005-
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any"
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim .Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
Apol 1 B, 2005. 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
[DRAFT]
Attachment No. 17
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0.2005-00149 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately 0.6
acre area at the southeast corner of Gilbert Street and Ball Road situated in the County of Orange, State
of California, as shown on Exhibit A attached hereto and labeled "Property Description for Reclassification
No. 2005-00149, Area No. 6" (hereinafter described as Area No. 6); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed reclassification and to
investigate and make findings and recommendations in connection therewith; and
WI-tEREAS, 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 the proposed reclassification of the subject properties is from the County of Orange
C1(Local Business) District to the City of Anaheim RM-4 (Multiple-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 0.6 acre, are currently utilized
for commercial uses, single family residence and multiple family residences; and that the Land Use
Element of the Anaheim General Plan designates the properties for Low Density Residential land uses.
4. That General Plan Amendment No. 2005-00425 (request to redesignate from Low
Density Residential to Medium Density Residential) is being considered in conjunction with this request
(Resolution No 2005- ).
5. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
6. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
7. That "" indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 6; and did recommend that the City
Council, based on its independent review of the Initial Study unless additional or contrary information is
received during the public meeting, approve the Mitigated Negative Declaration and Mitigation Monitoring
CR\PC2005-0 -1- PC2005-
Program No. 133 and find and determine that based upon said Initial Study and any evidence received aG---
the public meeting, that there is no substantial evidence that the project will have a significant effect on
the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated Negative
Declaration, that no new mitigation measures or alternatives will be required beyond those identified in
Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 are in compliance with the California Environmental Quality Act'("CEQA")
and the State and City CEQA Guidelines and are adequate to serve as the required environmental
documentation for the proposed Reclassification and satisfy all requirements of CEQA; .and that no further
environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange C1
(Local Business) District and to incorporate said described properties into the City of Anaheim RM-4
(Multiple-Family Residential) Zone.
BE IT FURTHER RESOLVED, that this Resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject properties; 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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-6 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-B into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued., unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use :Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
k-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
-2- PC2005-
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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Property Description for Reclassification No. 2005-00149 Subject Property
Area No. 6 Date: April 18, 2005
Scale: 1" = 200'
Q.S. No. 35
nas s
[DRAFT]
Attachment No. 18
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2005-00150 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregulady-shaped approximately 7
acre area adjacent to the south side of Batl Road and 177 feet east of the centerline of Gilbert Street
situated in the County of Orange, State of Catifomia, as shown on Exhibit A attached hereto and labeled
"Property Description for Reclassification No. 2005-00150, Area No. 7" (hereinafter described as Area No.
7); ;and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.80 "Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
R3 (Apartment) District to the City of Anaheim RM-4 (Multiple-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 7 acres, are currently utilized
for apartment and office buildings; and that the Land Use Element of the Anaheim General Plan
designates the properties for Low Density Residential land uses.
4. That General Plan Amendment No. 2005-00426 (request to redesignate from Low
Density Residential to Medium Density Residential) is being considered in conjunction with this request
(Resolution No 2005- ).
5. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
6. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
7. That "' indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim .Planning
Commission has reviewed the proposal to reclassify Area No. 7; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
CR\PC2005-0 -1- PC2005-
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the Catifomia Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT.RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R3
(Apartment) District and to incorporate said described properties into the City of Anaheim RM-4 (Multiple-
Family Residential) Zane.
BE IT FURTHER RESOLVED, that this Resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject properties; 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; and that such rezoning shall become effective at the same time that annexation of the
.above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim., shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contafned in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
-2- PC2005-
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
.limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 1 B, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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Property Description for Reclassification No . 2005-00150 Subject Property
Area No. 7 Date: April 18, 2005
Scale: 1" = 200'
Q.S. No. 35
1749 7
[DRAFT]
RESOLUTION NO. PC2005-
Attachment No. 19
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0. 2005-00151 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real property comprising an irregularly-shaped approximately 5.5
acre area adjacent to the east side of Gilbert Street, 276 feet south of the centerline of Ball Road situated
in the County of Orange, State of California, as shown on Exhibit A attached hereto and labeled "Property
Description for Reclassification No. 2005-00151, Area No. 8" (hereinafter described as Area No. 8); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject property is from the County of Orange
R2 (Multifamily Dwelling) District to the City of Anaheim RM-4 (Multiple-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject property, which comprises approximately 5.5 acres, are currently utilized
for apartment buildings; and that the Land Use Element of the Anaheim General Plan designates the
properties for Low Density Residential land uses.
4. That General Plan Amendment No. 2005-00427 (request to redesignate from Low
Density Residential to Medium Density Residential) is being considered in conjunction with this request
(Resolution No 2005- ).
5. That the proposed reclassification of subject property is necessary and/or desirable far
the orderly and proper development of the community.
6. That the proposed reclassification of 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.
7. That ••' indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 8; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
CR\PC2005-0 -1- PC2005-
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
Negative Declaration, that no new mitigation measures or alternatives will be .required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R2
(Multifamily Dwelling) District and to incorporate said described properties into the City of Anaheim RM-4
(Multiple-Family Residential) Zone.
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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building pennit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
-2- PC2005-
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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..
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 1 B, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
,2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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ANAHEIM CITY UMI IS
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Property Description for Reclassification No. 2005-00151
Area No. 8
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547'
BALL ROAD
Subject Property
Date: April 18, 2005
Scale: 1" = 200'
Q.S. No. 35
1749_8
[DRAFT]
Attachment No. 20
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2005-00152 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005., the Anaheim City Planning Commission did, by motion,
initiate a petition for Reclassification of certain real properties comprising an irregularly-shaped
approximately 124 acre area generally bounded by Ball Road to the north, Gilbert Street to the west,
Cerritos Avenue to the south and Brookhurst Street to the east situated in the County of Orange, State of
California, as shown on Exhibit A attached hereto and labeled "Property Description for Reclassification
No. 2005-OD152, Area No. 9" (hereinafter described as Area No. 9); and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 "Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
R1 (Single-Family Residential) District to the City of Anaheim RS-2 (Single-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO°) prior to annexing County Islands (i.e., pockets of land that are
surounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 124 acres, are currently
utilized for single family residences; and that the Land Use Element of the Anaheim General Plan
designates the properties for Low Density Residential land uses.
4. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
6. That "` indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify Area No. 9; and did recommend that the
City Council, based omits independent review of the Initial Study and unless additional or contrary
information is received during the public meeting, approve the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 and find and determine that based upon said Initial Study and any
evidence received at the public meeting, that there is no substantial evidence that the project will have a
significant effect on the environment that cannot be mitigated to a level of insignificance as identified in
CR\PC2005-0 -1- PC2005-
the Mitigated Negative Declaration, that no new mitigation measures or alternatives will be required - ---
beyond those identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative
Declaration and Mitigation Monitoring Program No. 133 are in compliance with the California
Environmental Quality Act ("CEQA") and the State and City CEQA Guidelines and are adequate to serve
as the required environmental documentation for the proposed Reclassification and satisfy all
requirements of CEQA; and that no further environmental documentation need be prepared for the
proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning
Map of the Anaheim Municipal Code to exclude the above-described properties from the County of
Orange R1 (Single-Family Residential) District and to incorporate said described properties into the City
of Anaheim RS-2 (Single-Family Residential) Zone.
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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County°) prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-B into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall .have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
periotl is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
-Z- PC2005-
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit., Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p:m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the Cityof
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority.; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTYOF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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Property Description for Reclassification No. 2005-00152
Area No. 9
Subject Property
Date: April 18, 2005
Scale: Graphic
Q.S. No. 35
1749 9
[DRAFT]
RESOLUTION NO. PC2005-
Attachment No. 21
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0.2005-00153 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim City Planning Commission did, by motion,
initiate a petition for Reclassification of certain real property comprising an irregularly-shaped
approximately 2.1 acre area at the northeast comer of Gilbert Street and Cerritos Avenue situated in the
County of Orange, State of California, as shown on Exhibit A attached hereto and labeled "Property
Description for Reclassification No. 2005-00153, Area No. 10" (hereinafter described as Area No. 10);
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
1 B.60 "Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject property is from the County of Orange
R2 (Apartment) District to the City of Anaheim RS-2 (Single-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject property, which comprises approximately 2.1 acres, is currently utilized
for religious uses; and that the Land Use Element of the Anaheim General Plan designates this property
for Low Density Residential land uses.
4. That the proposed reclassification of subject property is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of 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.
6. That *"* indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to reclassify Area No. 10; and did recommend that the
City Council, based on its independent review of the Initial Study and unless additional or contrary
information is received during the public meeting, approve the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 and find and determine that based upon said Initial Study and any
evidence received at the public meeting, that there is no substantial evidence that the project will have a
significant effect on the environment that cannot be mitigated to a level of insignificance as identified in
CR\PC2005-0 -1- PC2005-
the Mitigated Negative Declaration, that no new mitigation measures or alternatives will be required
beyond those identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative
Declaration and Mitigation Monitoring Program No. 133 are in compliance with the California
Environmental Quality Act ("CEQA") and the State and City CEQA Guidelines and are adequate to serve
as the required environmental documentation for the proposed Reclassification and satisfy all
requirements of CEQA; and that no further environmental documentation need be prepared for the
proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning
Map of the Anaheim Municipal Code to exclude the above-described property from the County of Orange
R2 (Apartment) District and to incorporate said described property into the City of Anaheim RS-2 (Single-
Family Residential) Zone.
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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency :Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
fpllowing:
a. Any project that receives a valid building permit as of 5 p:m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-B into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the anhexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-B into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-B into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
-2- PC2005-
d. Nothing contained in this Resolution shall apply to any project that has submitted any - ----
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p:m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning:..
Commission or County Supervisors, .and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005., by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
[DRAFT]
Attachment No, 22
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT'PETITION FOR RECLASSIFICATION'NO. 2005-00154 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties compdsing an irregularly-shaped approximately 3:9
acre area adjacent to the west side of Brookhurst Street including properties 521 feet north of the
centerline of Cerzitos Avenue and properties 1,103 feet south of the centerline of Cerritos Avenue situated
in the County of Orange, State of California, as shown on Exhibit A attached hereto and labeled "Property
Description for Reclassification No. 2005-00154, Area No. 11" (hereinafter described as Area No. 11);
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 "Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
RP (Residential Professional) District to the City of Anaheim RS-2 (Single-Family Residential) Zane.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") pdor to annexing County Islands (i.e., pockets of land that are
surzounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 3.9 acres, are curzently
utilized for single family residential uses; and that the Land Use Element of the Anaheim General Plan
designates these properties far Low Density Residential land uses.
4. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
6. That •`• indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 11; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
CR\PC2005-0 -1- PC2005-
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated---
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange RP
(Residential-Professional) District and to incorporate said described properties into the City of Anaheim
RS-2 (Single-Family Residential) Zone.
BE IT FURTHER RESOLVED, that this Resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject properties; 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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p:m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; .and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
-2- PC2005-
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-B into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS;
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2005. -
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
HARRIET LN
D
Property Description for Reclassification No. 2005-00154
Area No. 11
Subject Property
Date: April 18, 2005
Scale: Graphic
Q.S. No. 35, 36
nos i i
[DRAFT]
Attachment No. 23
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2005-00155 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the Oity would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately 54
acre area generally bounded by Cerritos Avenue to the north, Gilbert Street to the west, the Southern
California Edison easement to the south and 185 feet west of the centerline of Brookhurst Street situated
in the County of Orange, State of Califomia, as shown on Exhibit A attached hereto and labeled "Property
Description for Reclassification No. 2005-00155, Area No. 12" (hereinafter described as Area No. 12);
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 "Procedures", to hear and consider evidence for and against said proposed 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 to its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed reclassification of the subject properties is from the County of Orange
R1 (Single-Family Residential) District to the City of Anaheim RS-2 (Single-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission (°LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 54 acres, are currently utilized
for single family residential uses; and that the Land Use Element of the Anaheim General Plan designates
these properties for Low Density Residential land uses.
4. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
6. That "` indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 12; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
CR\PC2005-0 -1- PC2005
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements, of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange Rt
(Single-Family Residential) District and to incorporate said described properties into the City of Anaheim
RS-2 (Single-Family Residential) Zone.
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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County°) prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
-2- PC2005-
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-B into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time .
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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 replacetl by a
City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
[DRAFT]
RESOLUTION NO. PC2005-
Attachment No. 24
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2005-00156 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately
26.3 acre area generally bounded by Cerritos Avenue to the north, 1,155 feet to the centerline of
Magnolia Avenue to the west, the Southern Califomia Edison easement to the south and Gilbert Street to
the east situated in the County of Orange, State of Califomia, as shown on Exhibit A attached hereto and
labeled "Property Description for Reclassification No. 2005-00156, Area No. 13" (hereinafter described as
Area No. 13); and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 "Procedures°, to hear and consider evidence for and against said proposed reclassification and to
investigate and make findingsand 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 the proposed reclassification of the subject properties is from the County of Orange
R1 (Single-Family Residential) District to the City of Anaheim RS-2 (Single-Family Residential) Zone..
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO°) prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 26.3 acres, are currently
utilized for single family residential uses; and that the Land Use Element of the Anaheim General Plan
designates these properties for Low Density Residential land uses.
4. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
6. That "` indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 13; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
CR\PC2005-0 -1- PC2005-
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements,of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R1
(Single-Family Residential) District and to incorporate said described properties into the City of Anaheim
RS-2 (Single-Family Residential) Zone.
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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project thaYreceives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands a-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and A-AN-B into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
-2- PC2005-
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map., Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the Ciry of
Anaheim. Said project shall he permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WFtEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
LULLABY LN
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T . s
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"I, ' , ' - ORANGE COUNTY LIMIlSf - ,
%ia:,'
HARLE AVE c
O 7
6
R
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A
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1
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PACIFIC PL
-
"
Property Description for Reclassification No. 2005-00156 - :
' Subject Property
Area No. 13 Date: April 18, 2005
Scale: 1" = 200'
Q.S. No. 329
1749 13
[DRAFT]
RESOLUTION NO. PC2005-
Attachment No. 25
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2005-00157 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of Land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an imegulady-shaped approximately 2.7
acre area generally bounded by Pacific Avenue to the north, 122 feet to the centerline of Magnolia
Avenue to the west, the Southern Califomia Edison easement to the south and 1,324 feet to the
centerline of Gilbert Street to the east situated in the County of Orange, State of Califomia, as shown on
Exhibit A attached hereto and labeled "Property Description for Reclassification No. 2005-00157, Area
No. 14" (hereinafter described as Area No. 14); and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 "Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
R1 (Single-Family Residential) District to the City of Anaheim RS-2 (Single-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 2.7 acres, are currently
utilized for single family residential uses; and that the Land Use Element-of the County of Orange General
Plan designates the properties for Suburban Residential land uses and there is currently no City of
Anaheim General Plan land use designations.
4. That General Plan Amendment No. 2005-00428 (request to designate to the Low Density
Residential land use designation) is being considered in conjunction with this request (Resolution No
2005- 1.
5. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
6. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close :proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
7. That *" indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CR\PC2005-0 -1- PC2005-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning.._
Commission has reviewed the proposal to reclassify Area No. 14; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassificaticn to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R1
(Single-Family Residential) District and to incorporate said described properties into the City of Anaheim
RS-2 (Single-Family Residential) Zone.
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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-B into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 160 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said. project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
-2- PC2005-
within a period of 365 days from the date the building permit is issued, unless said time period is duly _
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional'Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required.,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have.hereunto set my hand this day of
,20D5.
SENIOR SECRETARY., ANAHEIM PLANNING COMMISSION
-3- PG2005-
EXHIBIT A
[DRAFT]
Attachment No. 26
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2005-00158 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real property comprising an irregularly-shaped approximately 11.3
acre area generally located 150 feet south of the centerline of Pacific Avenue, Gilbert Street to the west,
the Southern Pacific Railroad to the south and Brookhurst Street to the east situated in the County of
Orange, State of California, as shown on Exhibit A attached hereto and labeled "Property Description for
Reclassification No. 2005-00158, Area No. 15" (hereinafter described as Area No. 15); and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 "Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject property is from the County of Orange
C1(C02-014)(Local Business) District to the City of Anaheim C-G (Commercial General) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject property, which comprise approximately 11.3 acres, are currently utilized
for Southern Califomia Edison power lines and vacant uses; and that the Land Use Element of the
Anaheim General Plan designates these properties for Open Space land uses.
4. That the proposed reclassification of subject property is necessary and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject property does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
6. That *•* indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 15; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
CR\PC2005-0 -1- PC2005-
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those ,_
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange C1
(C02-014)(Local Business) District and to incorporate said described properties into the City of Anaheim
C-G (Commercial General) Zone.
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 maybe approved or denied by the City Council at
its sole discretion; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referzed to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building pennit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building.permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
-2- PC2005-
the County Planning Depadment as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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Property Description for Reclassification No. 2005-00158
Area No. 15
Subject Property
Date: April 18, 2005
Scale: 1"= 200'
Q.S.. No. 33
1749_15
[DRAFT]
RESOLUTION NO. PC2005-
Attachment No. 27
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0.2005-00159 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim Council approved a memorandum of
understanding with the County of Orange stipulating that the City would pursue a process that may lead
to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-B into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately
31.6 acre area generally bounded by the Southern Pacific Railroad to the north, Gilbert Street to the west,
Katella Avenue to the south and 1,321 feet to the centerline of Brookhurst Street to the east situated in
the County of Orange, State of Caltfomia, as shown on Exhibit A attached hereto and labeled "Property
Description for Reclassification No. 2005-00159, Area No. 16" (hereinafter described as Area No. 16);
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.60 "Procedures°, to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
R1 (Single-Family Residential) District to the City of Anaheim RS-2 (Single-Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 31.6 acres, are currently
utilized for single family residential uses; and that the Land Use Element-of the Anaheim General Plan
designates these properties for Low Density Residential land uses.
4. That the proposed reclassification of subject properties is necessary .and/or desirable for
the orderly and proper development of the community.
5. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
6. That'•' indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 16; and did recommend that the City
Council, based on its independent review of the Initial Study and unless additional or contrary information
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a significant
CR\PC2005-0 -1- PC2005-
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated_
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements.of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, 8E IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R7
(Single-Family Residential) District and to incorporate said described properties into the City of Anahetm
RS-2 (Single-Family Residential) Zone.
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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the.
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official..
b. Nothing contained in this Resolution shall apply to any project that is in plan check as of 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-6 into the City of Anaheim. Such project shall be permitted
provided that a valid building permft shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
-2- PC2005-
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-S into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this- day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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Property Description for Reclassification No. 2005-00159
Area No. 16
Subject Property
Date: April 18, 2005
Scale: 1" = 300'
Q.S. No. 36
D
7749_16
[DRAFT]
Attachment No. 28
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION =
THAT PETITION FOR RECLASSIFICATION NO. 2005-00160 BE GRANTED
WHEREAS, on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands (i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-8 into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately 30
acre area generally bounded by Pacific Place to the north, Gilbert Street to the east, Katella Avenue to
the south and 156 feet to the centerline of Markev Street to the west situated in the County of Orange,
State of California, as shown on Exhibit A attached hereto and labeled "Property Description for
Reclassification No. 2005-00160, Area No. 17" (hereinafter described as Area No. 17); and
WHEREAS, the:Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
R2D (Two-Family Residence) District to the City of Anaheim RM-2 (Multiple Family Residential) Zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 30 acres, are currently utilized
for single and multiple family residential uses; and that the Land Use Element of the County of Orange
General Plan designates the properties for Suburban Residential land uses and there is curently no City
of Anaheim General Plan land use designation.
4. That General Plan Amendment No. 2005-00429 (request to designate to the Low-
Medium Density Residential land use designation) is being considered in conjunction with this request
(Resolution No 2005- ).
5. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community.
6. That the proposed reclassification of subject properties does properly relate to the zones
and their permitted uses locallyestablished in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
7. That "• indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 17; and did recommend that the City
CR\PC2005-0 -1- PC2005-
Cour::il, based on its independent review of the Initial Study and unless additional or contrary information.
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the public meeting, that there is no substantial evidence that the project will have a'significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
Negative Declaration, that no new mitigation measures or altemafives will be required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA°) and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R2D
(Two-Family Residence) District and to incorporate said described properties into the City of Anaheim
RM-2 (Multiple Family Residential) Zone.
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; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim., shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to-any project that is in plan check as of 5
p:m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-B into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
-2- PC2005-
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any'
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
Iimitatipn specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
.building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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Property Description for Reclassification No . 2005-00160 Subject Property
Area No. 17 Date: April 4, 2005
Scale: Graphic
Q.S. No. 329
nas n
[DRAFT]
Attachment No. 29
RESOLUTION NO. PC2005-
ARESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION N0.2005-00161 BE GRANTED
WHEREAS., on December 14, 2004, the Anaheim City Council approved a memorandum
of understanding with the County of Orange stipulating that the City would pursue a process that may
lead to annexation of County Islands {i.e., pockets of land that are surrounded by but not within any city's
boundaries) 4-AN-6, 4-AN-7, and 4-AN-B into the City of Anaheim; and
WHEREAS, on March 7, 2005, the Anaheim Planning Commission did, by motion, initiate
a petition for Reclassification of certain real properties comprising an irregularly-shaped approximately 0.3
acre area at the northwest corner of Katella Avenue and Berry Avenue situated in the County of Orange,
State of California, as shown on Exhibit A attached hereto and labeled "Property Description for
Reclassification No. 2005-00161, Area No. 18" (hereinafter described as Area No. 18); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 16, 2005 at 6:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed 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 the proposed reclassification of the subject properties is from the County of Orange
R2 (3000)(C3201)(Multifamily Dwelling) District to the City of Anaheim RM-2 (Multiple Family Residential)
zone.
2. That the proposed reclassification is a preliminary step required by the Local Agency
Formation Commission ("LAFCO") prior to annexing County Islands (i.e., pockets of land that are
surrounded by but not within any city's boundaries) into the City of Anaheim.
3. That the subject properties, which comprise approximately 0.3 acre, are currently utilized
for multiple family residential uses; and that the Land Use Element of the County of Orange General Plan
designates the properties for Suburban Residential land uses and there is currently no City of Anaheim
General Plan land use designation.
4. That General Plan Amendment No. 2005-00430 {request to designate to the Low-
Medium Density Residential land use designation) is being cpnsidered in conjunction with this request
(Resolution No 2005- ).
5. That the proposed reclassification of subject properties is necessary and/or desirable for
the orderly and proper development of the community,
6. That the proposed reclassification of subject property does properly relate to the zones
and their permitted uses locally established in close proximity to the subject properties and to the zones
and their permitted uses generally established throughout the community.
7. That "` indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reclassify Area No. 18; and did recommend that the City
PCReso\PC2005-0 -1- PC2005-
Council, based on its independent review of the Initial Study and unless additional or contrary information..-,..
is received during the public meeting, approve the Mitigated Negative Declaration and Mitigation
Monitoring Program No. 133 and find and determine that based upon said Initial Study and any evidence
received at the :public meeting, that there is no substantial evidence that the project will have a significant
effect on the environment that cannot be mitigated to a level of insignificance as identified in the Mitigated
Negative Declaration, that no new mitigation measures or alternatives will be required beyond those
identified in Mitigation Monitoring Program No. 133, and that the Mitigated Negative Declaration and
Mitigation Monitoring Program No. 133 are in compliance with the California Environmental Quality Act
("CEQA") and the State and City CEQA Guidelines and are adequate to serve as the required
environmental documentation for the proposed Reclassification and satisfy all requirements of CEQA;
and that no further environmental documentation need be prepared for the proposed Reclassification.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of
the Anaheim Municipal Code to exclude the above-described properties from the County of Orange R2
(3000)(C3201)(Multifamily Dwelling) District and to incorporate said described properties into the City of
Anaheim RM-2 (Multiple Family Residential) Zone.
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.; and that such rezoning shall become effective at the same time that annexation of the
above-described properties becomes effective.
BE IT FURTHER RESOLVED, that nothing contained in this Resolution shall apply to
certain projects submitted to the County of Orange (hereinafter referred to as "County") prior to the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, which may continue to completion subject to existing County
development standards in effect at the time of the approval of this Resolution, if they satisfy one of the
following:
a. Any project that receives a valid building permit as of 5 p.m. on the day before the
approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-
7 and 4-AN-8 into the City of Anaheim, shall be permitted provided that construction shall have
commenced and shall be completed within a period of 365 days from the date that the building permit
was issued, unless said time period is duly extended by the City of Anaheim Building Official.
b. Nothing contained in this Resolution shall apply to any project that is in plan check as pf 5
p.m. on the day before the approval by the Local Agency Formation Commission of the annexation of
County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the date of
the approval by the Local Agency Formation Commission of the annexation of County Islands 4-AN-6, 4-
AN-7 and 4-AN-8 into the City of Anaheim and construction shall have commenced and shall be
completed within a period of 365 days from the date that the building permit is issued, unless said time
period is duly extended by the City of Anaheim Building Official.
c. Nothing contained in this Resolution shall apply to any project that has obtained any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map., Tentative Tract Map, Variance, etc.)
that has been approved by the County Planning Commission or County Supervisors as of 5 p.m. on the
day before the approval by the Local Agency Formation Commission of the annexation of County Islands
A-AN-6, 4-AN-7 and 4-AN-8 into the City of Anaheim. Said project shall be permitted provided that such
project shall have commenced within the time limitation specified in the Resolution adopted by the County
Planning Commission or County Supervisors, unless said time period is duly extended by the approval
authority; and if a building permit is required, construction shall have commenced and shall be completed
within a period of 365 days from the date the building permit is issued, unless said time period is duly
extended by the City of Anaheim Building Official. Previously-approved entitlements which expire after
-2- PC2005-
the effective date of this Resolution and which have not been granted an extension of time by the
approval authority shall be subject to the reclassifications set forth by this Resolution.
d. Nothing contained in this Resolution shall apply to any project that has submitted any
zoning entitlement (Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance, etc.) to
the County Planning Department as of 5 p.m. on the day before the approval by the Local Agency
Formation Commission of the annexation of County Islands 4-AN-6, 4-AN-7 and 4-AN-8 into the City of
Anaheim. Said project shall be permitted provided that the proposal is approved by the County Planning
Commission or County Supervisors, and that such project shall have commended within the time
limitation specified in the Resolution adopted by the County Planning Commission or County Supervisors,
unless said time period is duly extended by the approval authority; and if a building permit is required,
construction shall have commenced and shall be completed within a period of 365 days from the date the
building permit is issued, unless said time period is duly extended by the City of Anaheim Building Official.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 18,
2005. Said resolution is subject to the appeal provisions set forth in Chapter 16.60, "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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 April 1 B, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this. day of
,2005.
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-3- PC2005-
EXHIBIT A
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Property Descri ption for Reclassification No. 2005-00161 Subject Property
Area No. 18 Date: April 18, 2005
Scale: 1" = 200'
Q.S. No. 329
nas 1e
ITEPA N0. 3
ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE
A
D
General Plan Amendment No. 2004-00416 ' u Subject Property
Reclassification No. 2004-D0114 Date: April 18, 2005
Variance No. 2004-04597
Tentative Tract Map No. 16440 Scale: Graphic
Requested By: STONEGATE DEVELOPMENT, LLC Q.S. No. 201, 202, 207, 208
GENERAL PLAN AMENDMENT N0.200400416 -REQUEST (A) TO AMEND THE LAND USE ELEMENT OF
THE GENERAL PLAN FROM ESTATE DENSITY RESIDENTIAL bESIGNATION TO LOW DENSITY RESIDENTIAL
DESIGNATION, (B) TO AMEND THE LAND USE ELEMENT AND THE GREEN ELEMENT OF THE GENERAL
PLAN TO RECONFIGURE THE OPEN SPACE DESIGNATION ON THE SUBJECT PROPERTY AND (C) TO
AMEND THE GREEN ELEMENT OF THE GENERAL PLAN TO REALIGN THE NORTH-SOUTH REGIONAL TRAIL.
RECLASSIFICATION NO. 2004-00114 -REQUESTS RECLASSIFICATION OF THE PROPERTY FROM THE T {SC)
(TRANSITION; SCENIC CORRIDOR OVERLAY ZONE TO THE RS-2 (SC) (RESIDENTIAL, SINGLE-FAMILY;
SCENIC CORRIDOR OVERLAY) ZONE, OR A L~SS INTENSE ZONE.
VARIANCE NO. 2004-04597 -REQUESTS WAIVER OF MINIMUM FRONT YARD SETBACK FOR LOT NO. 13
TENTATIVE TRACT MAP MAP NO. 16440 - REQUEST TO ESTABLISH A 39-LOT, 35-UNIT DETACHED SINGLE-
FAMILY SUBDIVISION. 1785
ITEM NO. 3
Date of Aerial Photo: May 2002 W
General Plan Amendment No. 2004-00416
Reclassification No. 2004-00114
Variance No. 2004-04597
Tentative Tract Map No. 16440
Requested By: STONEGATE DEVELOPMENT, LLC
Subject Property
Date: April 18, 2005
Scale: Graphic
Q.S. No. 201, 202, 207, 208
GENERAL PLAN AMENDMENT N0.200400416 -REQUEST (A) TO AMEND THE LAND USE ELEMENT OF
THE GENERAL PLAN FROM ESTATE DENSITY RESIDENTIAL DESIGNATION TO LOW DENSITY RESIDENTIAL
DESIGNATION, (B) TO AMEND THE LAND USE ELEMENT AND THE GREEN ELEMENT OF THE GENERAL
PLAN TO RECONFIGURE THE OPEN SPACE DESIGNATION ON THE SUBJECT PROPERTY AND (C) TO
AMEND THE GREEN ELEMENT OF THE GENERAL PLAN TO REALIGN THE NORTH-SOUTH REGIONAL TRAIL.
RECLASSIFICATION NO. 2004-00114 -REQUESTS RECLASSIFICATION OF THE PROPERTY FROM THE T (SC)
(TRANSITION; SCENIC CORRIDOR OVERLAY) ZONE TO THE RS-2 (SC) (RESIDENTIAL, SINGLE-FAMILY;
SCENIC CORRIDOR OVERLAY) ZONE, OR A LESS INTENSE ZONE.
VARIANCE NO. 2004-04597 -REQUESTS WAIVER OF MINIMUM FRONT YARD SETBACK FOR LOT NO. 13
TENTATIVE TRACT MAP MAP N0.16440 - REQUEST TO ESTABLISH A 39-LOT, 35-UNIT DETACHED SINGLE-
FAMILY SUBDIVISION. nes
:Staff Report to the
! Planning;Commission
.'April 18,.2005
Item No. 3
3a. CEQA ENVIRONMENTAUIMPACT REPORT NOa329
?AND'MITIGATION MONITORING: PLAN NO. 132 (Resolution)
3b. 'GENERAL PLAN AMENDMENT NO; 2004-00416: (Resolution)
3c. `RECLASSIFICATION N0::2004-00114 (Resolution)
3d. ':.VARIANCE NO."2004-04597 (Resolution)
3e. TENTATIVE TRACT MAP NO. 16440 (Motion)
3f. ':REQUEST FOR'CITY COUNCIL REVIEW OFITEM 3d. AND 3e. (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 32.3-acre property is located approximately 1,400 feet south of the
Intersection of Santa Ana Canyon Road and future Deer Canyon Road (an existing
maintenance road) between Festival Drive to the east and Eucalyptus Drive to the west
(NO ADDRESS).
REQUEST:
(2) The applicant requests approval of the following:
General Plan Amendment No. 2004-00416 to:
(a) Amend the Land Use Element of the General Plan from the Estate Density
Residential designation to the Low Density Residential designation.
:Space land? uses. Surcounding;General Plan land use designations to the north and south
are Open Space and: Estate Density Residential, the'property to the east is designated for
Open Space (existing: Edison easement) and properties to thewest are designated: Estate
Density Residential
sr8880av
Page 1
property at 35 units. The following graphics p
proposed general plan land use configurations
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Proposed Open Space and Residential configuration
Page 3
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(11) This request includes a reclassification of the property from thee:
(SC) and OS (SC) zones. The RS-2 Zone is a ypicai implemer
proposed General Plan land use designation of Low Density Re
includes the reclassification of the peripheral lettered lots`to Opi
preserve the wetland area: and provide the required fuel modific
development.
(12) The proposed tentative tract map indicates a 39-lot, 35-unit sink
subdivision witlrithe combination of residential "and open space'.
with the residential lots clustered toward the center of thee. grope
grading and preserve open space. The applicant wishes'to re-
tract map. Title'i17 stipulates that the subdivider shall obtain fin
zone reclassifications {including adoption of any ordinance) and
change the property prior to filing a vesting tentative map::
(13 f The site plan (Exhibit No. 1) indicates the subdivision would cor
in size from 7,445 to 20,490 square feet. The lots would meet ti
of the'RS-2 zone for lot area, width, depth and orientation. The
No.?2) plots four. (4) models of proposed residences ranging in
square feet. The homes would meet Code requirements for mir
3ff Report td the
inning Commission
ril 18, 2005'
r No. 3
e'north-south Regional
ie trail would be located:`
i the trail exhibit of the
r'the residential
iproved maintenance
a Ana Canyon Road and
rarail standards and
would be maintained',by
section
Page 4
(17) Elevation renderings (Exhibit Nos. 7 and 8) indicate two
varying architectural styles such as Spanish Colonial,!
Materials and features would include brick, stacked std
the roofs, wrought iron accents and'shutters. Conceph
Code permits two-story residences'n the Scenic Carrie
t,a~~tir „r ~~ rear
regarding the Daft EIR.
(21} On April 8, 2005 (10 days' prior to the Planning Commission hearing}, a Response to
Comments document was made available for public review and mailed to ail
agencies/interested parties who provided comments on the Draft EIR. In addition, the
Response to Comments'documentwes also available for public review on the City's
website and the libraries listed in paragraph No. 20 of this staff report. Said ddcument
Page 6
(22)
• The Development Includino the';
'development of 44 single-family.:
Development and the 6 acres to
submitted'to the City as a pre-fili
independently with the develops
(24) As indicated in Section 5.4 of the l
Jesuit in the least environmental'
its current undeveloped state. Thy
any of the project objectives. Sec
the event that the No ProjectlNo F
environmentally superior alternati~
meets the project objectives, musi
and continually refined throughout
sensitive, avoiding many impacts':
doncluded'that these'~evisions ha~
environmentally superior altemati
(25) The Response to Comments, Fins
documents (attached'to this repo
forth in the: Final EIR'represents tt
res
con
Ova
dac
EVALUATI(
(26) _ ThE
prof
Zoning Code, a modification may be;granted for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges commohly
enjoyed by other properties in the same vicinity and zone: The sole purpose of any
variance is to prevent discrimination and none hall be approved which would`have the
effectbf granting a special! privilege not shared. by other similar properties, Therefore,
before any variance is granted by the Commission, it shall be shown:
Page 8
(a) That there are spei
shape, topography
identically zoned pi
(b) That strict applicati
enjoyed by'other p
RECOMMENDATION:
(32) Staff recommends that unles
public hearing and, based uF
evidence submitted to he Ci
report. and'oral and written E
[DRAFT]
RESOLUTION NO. PC2005-
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING THAT CITY COUNCIL (A) CERTIFY FINAL
ENVIRONMENTAL IMPACT REPORT NO. 329, (B) ADOPT A
STATEMENT OF FINDINGS OF FACT AND A STATEMENT OF
OVERRIDING CONSIDERATIONS AND (C) ADOPT MITIGATION
MONITORING PROGRAM NO. 132.
WHEREAS, the Anaheim Planning Commission did receive verified Petitions for General
Plan Amendment No. 2004-00416, Reclassification No. 2004-00114, Variance No. 2004-04597, Tentative
Tract Map No. 16440, for certain real property situated in the City of Anaheim, County of Orange, State of
California, 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)
General Plan Amendment No. 2004-00416, (ii) Reclassification No. 2004-00114, (lii) Variance No. 2004-
04597, and Tentative Tract Map No. 16440, 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 April 1 S, 2005, at 6:00 p:m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 16.60, 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 4e~d 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. 329 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. 329 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. 329 and a Response to Comments document
dated April 6, 2005; and
WHEREAS, DEIR No. 329, the Responrse,to Comments document dated April 6, 2005,
Mitigation Monitoring Program No. 132 and all documents submitted as part of the public record on DEIR
No. 329 form the Final EIR for said project as required by Section 15132 of the State CEQA Guidelines
("FEIR No. 329"); and
CR\PC2005-0 ~1y ~ PC2005-
WHEREAS, the City of Anaheim has prepared a draft Statement of Findings of Fact and
Statement of Overriding Considerations relating to FEIR No. 329 in conformance with the requirements of
CEQA and the State Guidelines; and
WHEREAS, the City of Anaheim desires and intends to use FEIR'No. 329 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.
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. 329,
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. 329 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 No. 329 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 No. 329; that FEIR No. 329 has been completed in compliance with CEQA and the State and City
CEQA Guidelines; and, that FEIR No. 329 is adequate to serve as the required environmental
documentation for the Proposed Actions.
BE IT FURTHER 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. 132" to mitigate or avoid significant effects
on the environment and to ensure compliance during project implementation, acopy of which Program is
attached hereto marked Attachment No. 1 to this Resoiution, and incorporated herein by this reference as
if set forth in full herein.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. Said resolution is subject to the appeal provisions. set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-1- PC2005-
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 was passed and adopted at a meeting of the Anaheim Planning
Commission held on April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANT: COMMISSIONERS:
IN W ITNESS W HEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-1- PC2005-
[DRAFT]
RESOLUTION NO. PC2005--"""`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION " ""`
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN AMENDMENT NO. 2004-00416 PERTAINING TO THE LAND USE ELEMENT AND THE
GREEN ELEMENT OF THE ANAHEIM GENERAL PLAN
WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No.
69R-644, as amended comprehensively by Resolution No. 2004R-95, showing the general description and
extent of possible future development within the City; and
WHEREAS, The City did receive a verified petition requesting an amendment to the General
Plan to amend (a) the Land Use Element of the General Plan from the Estate Density Residential designation to
the Low Density Residential designation, (b) the Land Use Element and the Green Element of the General Plan
to reconfigure the Open Space designation on the subject property and (c) the Green Element of the General
Plan to realign the north-south regional trail (Regional Trail No. 14) on a property described as follows:
ALL THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 117, AS SHOWN ON A MAP
FILED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, AND RUNNING THENCE
SOUTH 00° 38' 53" WEST, ALONG THE EAST LINE OF SAID LOTS 5 AND 4, 1019.78
FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89° 03' 32" WEST, ALONG
SAID SOUTH LINE 1214.91 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY
LINE OF PARCEL 4, AS SHOWN ON A PARCEL MAP FILED IN BOOK 90, PAGE 19 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE NORTH 27° 37' 09" WEST ALONG THE NORTHEASTERLY LINE OF
PARCELS 4 AND 3 OF SAID PARCEL MAP, 122.78 FEET TO AN ANGLE POINT IN SAID
PARCEL 3; THENCE NORTH 41° 14' 35"WEST, ALONG THE NORTHEASTERLY LINE OF
SAID PARCEL 3, 165.89 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 2 OF
SAID PARCEL MAP; THENCE NORTH 57° 45' 25" EAST, ALONG THE SOUTHEASTERLY
LINE OF SAID PARCEL 2, 129 FEET TO THE MOST EASTERLY CORNER OF SAID
PARCEL 2; THENCE NORTH 20° 37' 33" WEST, ALONG THE NORTHEASTERLY LINE OF
PARCELS 2 AND 1 OF SAID PARCEL MAP, 773.55 FEET TO AN INTERSECTION WITH
THE NORTH LINE OF SAID LOT 5; THENCE SOUTH 89° 01' 20" EAST, ALONG SAID
NORTH LINE, 1556.18 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on April 18, 2005, at 6:00 p.m., notice of said public
hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim
Municipal Code, to hear and consider evidence for and against said General Plan Amendment and to
investigate and make findings and recommendations'in connection therewith; and
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY
FIND:
1. That the proposed residential development, capped at 35 dwelling units, would be clustered in
order to minimize grading and to protect biological resources hereby increasing the density on the residentially
designated portion of the property. The evidence presented substantiates the need for an amendment to the
Land Use Element of the Anaheim General Plan and that, therefore, Exhibit A should be adopted redesignating
subject area for Low Density Residential land uses. i
2. That the proposed amendment to the Land Use Element and the Green Element of the Anaheim
General Plan pertaining to Open Space would increase the acreage of Open Space on the property, reduce the
CR\PC2005-0 -1- PC2005-
impacts of grading and protect biological resources on the subject property. The evidence presented
substantiates the need for an amendment to the Land Use Element and the Green Element of the Anaheim
General Plan and that, therefore, Exhibit B should be adopted reconfiguring the Open Space designatidh do the
subject property.
3. That the proposed amendment of the Green Element of the General Plan pertaining to the
realignment of the north-south regional trail (Regional Trail No. 14) is necessary to avoid the sensitive habitat
located in the area currently designated by the General Plan for trail placement. The evidence presented
substantiates the need for an amendment to the Green Element of the Anaheim General Plan .and that,
therefore, Exhibit C should be adopted to realign the north-south regional trail (Regional Trail No. 14) on the
subject property.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed DEIR No. 329, including Mitigation Monitoring Program No. 132, and made certain
findings and recommendations by its Resolution No. PC2005-XXXX determining that DEIR No. 329 is adequate
to serve as the environmental documentation for the Proposed Actions and recommending, as set forth in said
Resolution, that the City Council, as lead agency for the Proposed Actions, based upon its independent review
of DEIR No. 329 prepared in connection with the Proposed Actions determine that the Proposed Actions are
within the Scope of DEIR No. 329; are adequate to serve as the required environmental documentation for the
Proposed Actions, including the subject proposal, and satisfy all of the requirements of CEQA; and, that no
further environmental documentation need be prepared for the Proposed Actions.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim
Planning Commission does hereby recommend to the City Council of the City of Anaheim adoption of General
Plan Amendment No. 2004-00416 pertaining to the Land Use Element and the Green Element, Exhibits A, B
and C, to (a) redesignate the study area from the Estate Density Residential land use designation to the Low
Density Residential designation and capping the maximum number of dwelling units on this property at thirty-five
(35) (as indicated in Table LU-4 of the Land Use Element) (b) reconfigure the Open Space designation on the
subject property and (c) realign the north-south regional trail (Regional Trail No. 14) on the property.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the
processing of this discretionary case application within 7 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 18,
2005. Said Resolution is subject to the appeal provisions set forth io Chapter 18.60, "Procedures" pf the
Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2005-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, 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
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2005.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
[DRAFT]
RESOLUTION NO. PC2005--"
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION " ``
THAT PETITION FOR RECLASSIFICATION NO. 2004-00114 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California;
described as follows:
ALL THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 117, AS SHOWN ON A MAP
FILED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, AND RUNNING THENCE
SOUTH 00° 38' 53" WEST, ALONG THE EAST LINE OF SAID LOTS 5 AND 4, 1019.78
FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89° 03' 32" WEST, ALONG
SAID SOUTH LINE 1214.91 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY
LINE OF PARCEL 4, AS SHOWN ON A PARCEL MAP FILED IN BOOK 90, PAGE 19 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE NORTH 27° 3T 09" WEST ALONG THE NORTHEASTERLY LINE OF
PARCELS 4 AND 3 OF SAID PARCEL MAP, 122.78 FEET TO AN ANGLE POINT IN SAID
PARCEL 3; THENCE NORTH 41° 14' 35" WEST, ALONG THE NORTHEASTERLY LINE OF
SAID PARCEL 3, 165.89 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 2 OF
SAID PARCEL MAP; THENCE NORTH 57° 45' 25" EAST, ALONG THE SOUTHEASTERLY
LINE OF SAID PARCEL 2, 129 FEET TO THE MOST EASTERLY CORNER OF SAID
PARCEL 2; THENCE NORTH 20° 3T 33" WEST, ALONG THE NORTHEASTERLY LINE OF
PARCELS 2 AND 1 OF SAID PARCEL MAP, 773.55 FEET TO AN INTERSECTION WITH
THE NORTH LINE OF SAID LOT 5; THENCE SOUTH 89° 01' 20" EAST, ALONG SAID
NORTH LINE, 1556.18 FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on April 18, 2005, at 6:00 p.m., notice of said public hearing having been duly given as required by law
and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to :hear and
consider evidence for and against said proposed 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 the applicant proposes reclassification of subject property from the T (SC) (Transition;
Scenic Corridor Overlay) zone to the RS-2 (SC) (Residential, Single-Family; Scenic Corridor Overlay) zone and
the OS (SC) (Open Space; Scenic Corridor Overlay) zone, or a less intense zone.
2. That the Anaheim General Plan currently designates subject property for Estate Density
Residential and Open Space ,however the applicant has submitted a request for redesignation of the property
to Low Density Residential and Open Space, and that the RS-2 (SC) and OS (SC) zones are typical zoning
designations implementing these General Plan designations.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community and the preservation of open space.
4. 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.
CR\PC2005-0 -1- PC2005-
5. That the proposed reclassification of subject property requires the dedication and improvement
of abutting streets and alleys in accordance with the Circulation Element of the General Plan, due to the
anticipated increase in traffic which will be generated by the intensification of land use.
6. That indicated their presence at said public hearing in opposition; and that no correspondence
was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed DEIR No. 329, including Mitigation Monitoring Program No. 132, and made certain
findings and recommendations by its Resolution No. PC2005-XXXX determining that DEIR No. 329 is adequate
to serve as the environmental documentation for the Proposed Actions and recommending, as set forth in said
Resolution, that the City Council, as lead agency for the Proposed Actions, based upon its independent review
of DEIR No. 329 prepared in connection with the Proposed Actions determine that the Proposed Actions are
within the Scope of DEIR No. 329; are adequate to serve as the required environmental documentation for the
Proposed Actions, including the subject proposal, and satisfy all of the requirements of CEQA; and, that no
further environmental documentation need be prepared for the Proposed Actions.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim
Municipal Code to exclude the above-described property from the T (SC) (Transition; Scenic Corridor Overlay)
and OS (SC) (Open Space; Scenic Corridor Overlay) zones and to incorporate said described property into the
RS-2 (SC) (Residential, Single-Family; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor
Overlay) zones, or less intense zones upon the following conditions which are hereby found to be a necessary
prerequisite to the proposed use of subject property in order to .preserve the safety and general welfare of the
Citizens of the City of Anaheim:
That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above-mentioned, shall be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in
Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission unless said conditions are complied with
within one (1) year from the date of this resolution, or such further time as the Planning Commission may
grant.
That completion of these reclassification proceedings is contingent upon approval of General Pian
Amendment No. 2004-00416 by the City Council.
4. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim .Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does'hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all
of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
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.
-2- PC2005-
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 18,
2005. 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
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission held on
April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2005.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
3- PC2005-
[DRAFT]
RESOLUTION NO. PC2005--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2004-04597 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City of Anaheim, County of Orange, State of California described as:
ALL THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 117, AS SHOWN ON A MAP
FILED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, AND RUNNING THENCE
SOUTH 00° 38' 53" WEST, ALONG THE EAST LINE OF SAID LOTS 5 AND 4, 1019.78
FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89° 03' 32" WEST,
ALONG SAID SOUTH LINE 1214.91 FEET TO AN INTERSECTION WITH THE
NORTHEASTERLY LINE OF PARCEL 4, AS SHOWN ON A PARCEL MAP FILED IN
BOOK 90, PAGE 19 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 27° 37' 09" WEST ALONG
THE NORTHEASTERLY LINE OF PARCELS 4 AND 3 OF SAID PARCEL MAP, 122.78
FEET TO AN ANGLE POINT IN SAID PARCEL 3; THENCE NORTH 41° 14' 35"WEST,
ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 3, 165.89 FEET TO THE
MOST SOUTHERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP; THENCE
NORTH 57° 45' 25" EAST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2,
129 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE NORTH
20° 3T 33" WEST, ALONG THE NORTHEASTERLY LINE OF PARCELS 2 AND 1 OF
SAID PARCEL MAP, 773.55 FEET TO AN INTERSECTION WITH THE NORTH LINE OF
SAID LOT 5; THENCE SOUTH 89° 01' 20" EAST, ALONG SAID NORTH LINE, 1556.18
FEET TO THE POINT OF BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p:m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures', to hear and consider evidence for and against said proposed variance and to investigate and
make fndings 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 the applicant prpposes to construct 35 single-family residences with waiver of the
following under authority of Code Section No. 18.74.040.010 for proposed Lot No. 13:
SECTION NO. 18.04.100.010.0101 - Minimum front setback.
25 feet required; 15 feet proposed)
2. That the above-mentioned waiver is hereby granted on the basis that there are special
circumstances applicable to the property such as size, shape, topography, location and surroundings which
do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in
the vicinity.
3. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved such as steep topography, sensitive habitat and irregular shape that present challenging
development constraints. The proposed subdivision is designed with the homes located within the center of
the property in an effort to preserve open space and comply with City design polices for hillside areas.
CR\PC2005-0 -1- PC2005-
4. That the requested variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone, that would otherwise be denied to
the property in question. .__
5. That the requested variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located.
That "*' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed DEIR No. 329, including Mitigation Monitoring Program No. 132, and made
certain findings and recommendations by its Resolution No. PC2005-XXXX determining that DEIR No. 329 is
adequate to serve as the environmental documentation for the Proposed Actions and recommending, as set
forth in said Resolution, that the City Council, as lead agency for the Proposed Actions, based upon its
independent review of DEIR No. 329 prepared in connection with the Proposed Actions determine that the
Proposed Actions are within the Scope of DEIR No. 329; are adequate to serve as the required
environmental documentation for the Proposed Actions, including the subject proposal, and satisfy all of the
requirements of CEQA; and, that no further environmental documentation need be prepared for the
Proposed Actions.
NOW, THEREFORE, 8E IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
That the property owner/developer shall be responsible for compliance with all the mitigation measures
set forth in Mitigation Monitoring Plan No. 132 created specifically for this project, and for complying
with the monitoring and reporting requirements established by the City in compliance with Section
21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be
responsible for any direct costs associated with the monitoring and reporting requirements to ensure
implementation of the mitigation measures identified in Mitigation Monitoring Plan No. 132, which are
made a part of these conditions of approval by reference.
2. That gates shall not be installed across any driveway or private street in a manner which may adversely
affect vehicular traffic in any adjacent public street or alley, Installation of any gates shall conform to
Engineering Standard Plan No. 475. Said requirements shall be subject to the review and approval of
the City Traffic and Transportation Manager. Said information shall be specifically shown on plans
submitted for building permits.
3. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said information shall be specifically shown on the plans submitted for building permits for
Planning Department and Public Works Department, Streets and Sanitation Division approval.
4. That a plan sheet for solid waste storage, collectjon ~n~ a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
5. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
6. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be
installed and maintained as shown on submitted plans.
7. That final detailed landscape and irrigation plans fdr;the proposed development shall be submitted to
the Development Services Division for review and approval. Said landscape plans shall show minimum
24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and
-2- PC2006-
minimum 24-inch box sized trees in the front yard of each property. All trees shalt be properly,
professionally, and permanently maintained to ensure mature, healthy growth.
8. That Variance No. 2004-04597 is hereby granted subject to the approval and recordation of Tentative
Tract Map No. 16440, now pending.
9. That prior to application for water meters, fire line or submitting the water improvement plans for ,
approval, the developer/owner shall submit to the Public Utilities Water Engineering Division'an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project.
This information will be used to determine the adequacy of the existing water system to provide the
estimated water demands. Any off-site water system improvements required to serve the project shall
occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
10. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire
line.
11. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for
Public Utility Water Engineering review and approval in determining the conditions necessary for
providing water service to the project.
12. That water improvement plans shall be submitted to the Water Engineering Division for approval and a
performance bond in the amount approved by the City Engineer and from the City Attorney shall be
posted with the City of Anaheim.
I
13. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from any public street. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans submitted for approval by the Water Engineering Division of the Public
Utilities Department.
14. That all requests for new water services or fire lines, as well as any modifications, relocations., or
abandonment of existing water services and fire lines, shall be coordinated through Water Engineering
Division of the Anaheim Public Utilities Department. -
15. That final detailed site, floor, fencing and elevation plans shall be reviewed by the :Planning
Commission as a Report and Recommendation item for approval prior to the issuance of building
permits.
16. That the north-south regional trail (Regional Trail No. 14) shall be constructed by the developer and
permanently maintained by the Homeowners' Association. A maintenance covenant including
provisions for proper maintenance pertaining to the trail shall be reviewed and approved by the City
Attorney's Office prior to the issuance of building permits.
17. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 10, and as conditioned herein.
18. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 2, ~, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15 and 16,
above-mentioned, shall be complied with. Extensibns for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
-3- PC2005-
19. That prior to final building and zoning inspections, Condition No. 17, above-mentioned, shall be
complied with.
20. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April
18, 2005. 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto ,set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2005-
City of Anaheim
I~LP.NNIIVG ®EI'ART'MiE1V'I'
[DRAFT]
April 18, 2005
Stonegate Development, LLC
27071 Cabot Road, Suite 106
Laguna Hills, CA 92653
Following is an excerpt from the minutes of the Anaheim Planning Commission:meeting of
April 18, 2005.
3a. ENVIRONMENTAL IMPACT REPORT NO. 329
3b. GENERAL PLAN AMENDMENT NO. 2004-00416
3c. RECLASSIFICATION NO. 2004-00114
3d. VARIANCE NO. 2004-04597
3e. TENTATIVE TRACT MAP NO. 16440
Owner: Stonegate Development, LLC 27071 Cabot Road, Suite 106 Laguna Hills, CA
92653
Agent: Stonegate Development, LLC 27071 Cabot Road, Suite 106 Laguna Hills, CA
92653
Location: No Address. Property is 32.3 acres, located approximately 1,400 feet south
of the intersection of Santa Ana Canyon Road and future Deer Canyon Road
(an existing maintenance road) between Festival Drive to the east and
Eucalyptus Drive to the west.
Tentative Tract Map No. 16440, - to establish a 39-lot, 35-unit detached single-family
residential subdivision.
General Plan Amendment No. 2004-00416 to
(a) Amend the Land Use Element of the General Plan from the Estate Density
Residential designation to the Low Density Residential designation.
(b) Amend the Land Use Element and the Green Element of the General Plan to
reconfigure the Open Space designation on the subject property.
(c) Amend the Green Element of the General Plan to realign the north-south regional trail.
Reclassification No. 2004-00114 ' to reclassify the property from the T (SC) (Transition;
Scenic Corridor Overlay) zone to the RS-2 (SC) (Residential, Single-Family; Scenic Corridor
Overlay) zone and the OS (SC) (Open Space; Scenic Corridor Overlay) zone, or a less
intense zone.
Variance No. 2002-04597 -waiver of the following under authority of Code Section No.
18.74.040.010 for Lot No. 13:
SECTION NO. 18;04.100.010.010 Minimum front setback.
(25 feet required; 15 feet proposed)
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED (One Commission vacancy), that the Anaheim Planning Commission has reviewed the
proposal to establish a 39-lot, 35-unit detached single-family residential subdivision and does
hereby approve the Environmental Impact Report No. 329 upon finding that the EIR serves as
adequate environmental documentation for this request for tentative tract map to permit
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, California 92803
www.anaheimnet TEL (714) 765-5139
(DRAFT]
construction of a 39-lot, 35-unit detached single-family residential subdivision. The Planning Commission has
reviewed and determined that the overall specific scope of development, have been environmentally-cleared'°
by this prior environmental documentation. Aproject-specific Initial Study has been prepared and additional
environmental review and mitigation has been provided as needed pursuant to the procedures outlined for
subsequent projects under a Program EIR.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED (One
Commission vacancy), that the Anaheim Planning Commission does hereby determine that the proposed
tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does
therefore approve Tentative Tract Map No. 16440, to establish a 39-lot, 35-unit detached single-family
residential subdivision subject to the following conditions:
1. That prior to issuance of the first building permit, the final map shall be submitted to and approved by the City
of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County
Recorder (Subdivision Map Act, Section 66499.40).
2. That prior to approval of the final map, a maintenance covenant, shall be submitted to the Subdivision
Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of
private facilities, including compliance with approved Water Quality Management Plan, and a maintenance
exhibit. The covenant shall be recorded concurrently with the final map.
3. That prior to final map approval, the legal property owner shall execute a Subdivision Agreement, in a form
approved by the City Attorney, to complete the required public improvements at the legal property owner's
expense. Said agreement shall'be submitted to the Public Works Department, Subdivision Section approved
by the City Attorney and Ciry Engineer and then recorded concurrently with the final parcel map.
4. That prior to final map approval, all lots shall be assigned street addresses by the Building Division. Street
names for any new private or public street shall be submitted to and approved by the Building Division.
5. That prior to final map approval, an unsubordinated covenant to reserve an easement for road purposes shall
be submitted to the Public Works Department, Subdivision Section and approved by the City Attorney's-
Office. The covenant shall include provisions to reserve a 56-foot wide easement adjacent to the interior
public road knuckle for future public access to the adjoining property to the south. Said easement along with
grading and construction rights adequate to cons6vct the street in the future shall be reserved for private
purchase by the adjacent property owner(s) at "fair market value" prior to utilizing the reservation area. The
covenant shall be recorded concurrently with the final map.
6. That prior to approval of the grading plan, the developer shall submit a Water Quality Management Plan
(WQMP) specifically identifying the post construction best management practices that will be used on-site to
control predictable pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works
Department, pevelopment Services Division for review and approval.
That prior to issuance of a building permit, the developer shall submit street improvement plans to the Public
Works Department, Subdivision Section and a bond shall be posted to guarantee that the Santa Ana Canyon
Road and Deer Canyon Road intersection, including a traffic signal, shall be improved in accordance with the
Santa Ana Canyon Road Preliminary Alignment dated August 28, 2003. The developer is only required to
construct those improvements necessary to safely serve the development. The exact limits of the required
improvements will be determined through final engineering plans for the intersection. The improvements shall
be constructed prior to final building and zoning inspection.
8. That no waste material shall be discharged to any drainage areas, channels, streambeds, or streams. Spoil
sites shall not be located within any streams or areas where spoil material could be washed into a water
body. Appropriate Best Management Practices (BMPs), shall be deployed around spoils at all times.
[DRAFT]
9. That prior to final map approval, the City of Anaheim Drainage Assessment Fee for the Monte Vista area
shall be paid.
10. That the developer shall obtain or show proof of recorded easement deeds indicating the.cight to construct
road, sewer, storm drain and underground utility improvements necessary to serve the proposed subdivision.
11. That the traffic-calming roundabout shall be designed to the satisfaction of the City Engineer.
12. That the entry road from Santa Ana Canyon Road into the proposed subdivision shall be constructed to
Hillside Collector Road standards (30' % width) per Public Works Standard Detail No. 161-A. The developer
will be required to construct the full street width with sidewalk, parkway landscaping and street trees on their
side of their development only. The developer shall install and maintain temporary landscaping in the
parkway on the opposite side until such time that a future project (church, school or otherwise) develops the
sidewalk, parkway and street trees as a condition of their development.
13. That the property ownerldevelopersholl be responsible for compliance with all the mitigation measures set
forth in Mitigation Monitoring Plan No. 132 created specifically for this project, and for complying with the
monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the
Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs
associated with the monitoring and reporting requirements to ensure implementation of the mitigation
measures identified in Mitigation Monitoring Plan No. 132, which are made a part of these conditions of
approval by reference.
14. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a
domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water meter
pad and a 10-foot wide access easement along the water line from the street to the water meter pad for
maintenance.
15. That any required relocation of City electrical facilities shall be at the property owner/developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shalt be required and shall be shown
on plans submitted for building permits.
I
16. That approval of this parcel map is granted subject to the approval of General Plan Amendment No. 2004-
00416, Variance No. 2004-04597 and Reclassification No. 2004-00114, now pending.
17. That prior to final parcel map approval, Condition Nos. 2, 3, 4, 5, 6, 9, 10, 11, 14 and 15above-mentioned,
shall be complied with.
18. That approval of this application constitutes approval of the proposed request only to the extenk that it
complies with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation,or;requirement.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
CRDM.doc
ATTACHbIENT - ITEM N0. 3
SECTION d
PETITIONER'S STATEMENT OF
]USTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
tEQUEST FOR WAIVER OF CODE SECTION: 1 8 - 2 6 - 0 6 3- 01 0
(A separate statement is required for each Code waiver)
PERTAINING TO: The front yard setback requirement
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classifrcation in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings?~ Yes _ No.
If your answer is "Yes," describe the special circumstances:
2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your properly? _ Yes ~No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone?~_Yes No
If your answer if "yes," describe the special circumstances:
Please see attar-hart
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? xx_ Yes _ No ,
EXPLAIN P1 Pa CP GPP lt"I'a }'Ial3
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in [he same vicinity and zone
which is not otherwise expressly authorized by Zane regulations governing subject property. Use variances are not permitted.
Signature of Property Owner or Authorized Agent Date
Gordon D. Youde , Manager CONDITIONAL USE PERMIT/VARIANCE NO.
DECEMBER 72, 2000
PETITIOiV FOR VARIANCE APPLICATION
DEMONSTRATION OF FINDINGS
VESTING TENTATIVE TRACT MAP 16440
STONEGATE ANAHEIM I, LLC
PROJECT DESCRIPTION
The applicant is proposing a maximum 35-lot subdivision over 32:3 acres of land. The
project is located east and west of the Deer Canyon access road, south of Santa Ana
Canyon Road. Access to the subdivision is proposed off Deer Canyon Road. In
addition, four (4) common area lots (landscape slopes and preserved riparian area) are
also proposed.
SECTION 4
STATEMENT OF JUSTIFICATION FOR VARIANCE
Are there special circumstances that apply to the property in matters such as
size, shape, topography, location or surroundings? Yes.
The site is unique in that it is one of four undeveloped hillside residential properties
in the Anaheim Hills area, west of Weir Canyon Road, south of Highway 91. The
site's topography varies in elevation from 370 feet along Deer Canyon Road in the,
northwest, to about 630 feet along the ridge top along the easterly property
boundary. The site's setting includes awetland/riparian area along its west
boundary, leaving only the area east of the existing access road as developable for
single family homes. Also, there are two (2) landslides on the property requiring
removal and stabilization of the hillside condition. These special circumstances -
steep topography, riparian open space resources coupled with the city's design
policies for hillside area encourage a clustering program, and sensitivity to the
hillside condition of the site; therefore, the homes are laid out in two separate tiers
with one (1) cul-de-sac. The proposed cul-de-sac will allow for proper turning radius
of emergency and trash pick-up vehicles.
There is one lot, lot number 13 which does not meet the minimum front yard setback
(Zoning Code Section 18.26.063.010), but meets all other design, zoning and
general plan codes, policies and goals. The lot totals 20,490 square feet but is
unusual in its shape; thereby requiring that the house be plotted at an angle with the
left corner setback 15' away from the front property line.
2. Are there special circumstances that apply to the property different from other
properties in the vicinity, which are in the same zone as your property? No
Approval of this variance request would not set a precedent in the community since
a number of lots in the adjacent neighborhood west have similar design challenges.
3. Do the special circumstances applicable to the property deprive it of privileges
currently enjoyed by neighboring properties located in the same zone? Yes
The physical and natural resources on the site currently restrict privileges currently
enjoyed by many landowners located to the south, east and northwest. Many
projects within the Anaheim Hills area once had similar physical and resource
challenges. As such, this request would not conflict with existing conditions in the
area, nor would it affect other property in the area. In addition, a minor deviation in
the setback requirement will help soften the streetscape view by orienting the house
in a slightly different area.
4. Were the special circumstances created by causes beyond the control of the
property owners (or previous property owners)? Yes
The special circumstances are a result of the natural topography and resources
beyond and before the control of the property owner.
2
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ATTACHMENT - ITEM N0. 3
STATE CLEARINGHOUSE NO. 2004021044
April 7, 2005
Deer Canyon Estates
Section Fage
Section 1.0 Introduction ......................................................................................................a1 ._
1.1 Findings of Fact and Statement of Overriding Considerations ..................1
1.2 Record of Proceedings .............................................................................2
1.3 Custodian and Location of Records ............................................:.............3
Section 2.0 Project Summary ...............................................................................................3
2.1 Project Location .......................................... .............................................3
2.2 Project Description ...................................... .............................................4
2.3 Discretionary Actions .................................. .............................................5
2.4 Statement of Objectives .............................. .............................................6
Section 3.0 Environmental Review and Public Participation .............................................6
Section 4.0 General Findings ...............................................................................................7
Section 5.0 Summary of Impacts .........................................................................................8
Section 6.0 Findings Regarding Impacts .............................................................................8
6.1 Land Use and Planning ........................................ ....................................8
6.2 Geology and Soils ................................................ ....................................9
6.3 Hydrology/Water Quality ...................................... ..................................11
6.4 Traffic and Circulation .......................................... ..................................13
6.5 Air Quality ............................................................ ..................................13
6.6 Noise .................................................................... ..................................15
6.7 Biological Resources ............................................ ..................................16
6.8 Aesthetics ............................................................ ..................................21
6.9 Cultural Resources ............................................... ..................................22
6.10 Recreation ............................................................ ..................................23
6.11 Public Services and Utilities ................................. ..................................23
Section 7.0 Findings Regarding Alternatives ....................................................................26
7.1 Alternatives Considered and Eliminated ........................................ .........26
7.2 Alternatives to Reduce Air Quality Impacts .................................... .........28
7.3 Alternative 1 - No ProjecUNo Action ............................................. .........29
7.4 Alternative 2 -Existing Land Use and Zoning ............................... .........30
7.5 Alternative 3 -Development Including Adjoining Dutt Parcel ........ .........31
7.6 Environmentally Superior Alternative ............................................. .........32
F.\Envimnmenlal\slonegale EIR\Findings~012505.000 i Findings of Fact and
Statement o/Overriding Consideretions
Deer Canyon Estates Development
Section 8.0 Environmental Issues Determined Not to be Potentially Affected by the
Project ..............................................................................................................32
Section 9.0 Findings Regarding Growth Inducing Impacts .....................................:::::::::33
Section 10.0 Findings Regarding Significant Irreversible Environmental Changes.........33
Section 11.0 Statement of Overriding Considerations .................................:.....................34
Section 12.0 Conclusion .......................................................................................................35
F:\Environmenlal\stonegale EIR\Ftndings-012505.000 II Findings of Fact and
Statement o/Overriding Considerations
Deer Canyon Estates Development
SECTION 1.0 INTRODUCTION
1.1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) (.Pub. Res. Code §§ 21000, et seq.) and the
State CEQA Guidelines (Guidelines) (14 Cal. Code Regs §§ 15000, et seq) require that the
environmental impacts of a project be examined before a project is approved. Specifically.,
regarding findings, Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the
project unless the public agency makes one or more written findings for each of
those significant effects, accompanied by a brief explanation of the rationale for
each finding. The possible findings are:
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effect as identified in the final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible the mitigation .measures or project alternatives
identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by substantial
evidence in the record.
(c) The finding in subsection (a)(2) shall not be made if the agency making the
finding has concurrent jurisdiction with another agency to deal with identified
feasible mitigation measures or alternatives. The finding in subsection (a)(3)
shall describe the specific reasons for rejecting identified mitigation measures
and .project alternatives.
(d) When making the findings required in subsection (a)(1), the agency shall also
adopt a program for reporting on or monitoring the changes which it has either
required in the project or made a condition of approval to avoid or substantially
lessen significant environmental effects. These measures must be fully
enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or
other material which constitute the record of the proceedings upon which its
decision is based.
(f) A statement made pursuant to Section 15093 does not substitute for the findings
required by this section.
The "changes or alterations' referred to in Section 15091(a)(1) above, that are required in, or
incorporated into, the project which mitigate or avoid the significant environmental effects of the
F1Envimnmen1aR51onegale EIft1F10dI0g5-D72505.nOC 1 Findings o(Fact and
Statement of Overdding Consideratipns
Deer Canyon Estates Developmenl
:project, may include a wide variety of measures or actions as set forth in Guidelines Section
15370, including:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action .and its
implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted
environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or
environments.
Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides:
(a) CEQA requires the decision-making agency to balance, as applicable, the
economic, legal, social, technological, or other benefits of a proposed project
against its unavoidable environmental risks when determining whether to
approve the project. If the specific economic, legal, social, technological, or other
benefits of a proposal project outweigh the unavoidable adverse environmental
effects, the adverse environmental effects may be considered "acceptable:"
(b) When the lead agency approves a project which will result in the occurrence of
significant effects which are identified in the final EIR but are not avoided or
substantially lessened, the agency shall state in writing the specific reasons to
support its action based on the final EIR and/or other information in the record.
The statement of overriding considerations shall be supported by substantial
evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement
should be included in the record of the project approval and should be mentioned
in the notice of determination. This statement does not substitute for, and shall
be in addition to, findings required pursuant to Section 15091.
Having received, reviewed and considered the Final Environmental Impact Report for the Deer
Canyon Development Project, State Clearinghouse No. 2004021044 (FEIR), as well as all other
information in the record of proceedings on this matter, the following Findings of Fact and
Statement of Overriding Considerations (Findings) are hereby adopted by the City of Anaheim
(City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental
basis for current and subsequent discretionary actions to be undertaken by the City and
responsible agencies for the implementation of the Deer Canyon Development.
1.2 RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings., the Record of Proceedings for the proposed project
consists of the following documents and other evidence, at a minimum:
• The Notice of Preparation (NOP) and all other public notices issued by the City in
conjunction with the proposed project;
F:\EnNmnmenlal151onegale Elft\Fintlings-012505.DOC 2 Findings o(Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
The FEIR for the proposed project;
® The Draft EIR;
All written comments submitted by agencies or members of the public during the public
review comment period on the Draft EIR;
® All responses to written comments submitted by agencies or members of the public
during the public review comment period on the Draft EIR;
All written and verbal public testimony presented during a noticed public hearing for the
proposed project at which such testimony was taken;
® The Mitigation Monitoring and Reporting Program (MMRP);
The reports and technical memoranda included or referenced in Responses to
Comments in the FEIR;
® All documents, studies, EIRs, or other materials incorporated by reference in the Draft
EIR, and the FEIR;
Matters of common knowledge to the City, including but not limited to federal, state and
local laws and regulations;
® Any documents expressly cited in these Findings; and
® Any other relevant materials required to be in the record of proceedings by Public
Resources Code Section 21167.6(e).
1.3 CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials which constitute the administrative record for the City's
actions related to the project are located at the City of Anaheim, 200 South Anaheim Boulevard,
Anaheim, California 92805. The City Planning Department is the custodian of the administrative
record for the project. Copies of the documents, which constitute the record of proceedings,
have been and will be availab{e upon request at the offices of the City Planning Department.
This information is provided in compliance with Public Resources Code § 21081:6(a)(2) and
Guidelines § 15091(e).
SECTION 2.0 PROJECT SUMMARY
2.1 PROJECT LOCATION
The Deer Canyon Estates project site is located in the City of Anaheim, Orange County,
California. The 32..3-acre site is generally bound by SR-91 and Santa Ana Canyon Road to the
north, with access from Deer Canyon Road, between South Eucalyptus Drive and Festival
Drive.
The project site consists primarily of undeveloped open space and is predominantly
undisturbed. There are several utility uses within the project site boundaries, including an
underground drainage system located in the center of the property, Southern California Edison
F:\EnvlronmenlaRSlonegale EIR\Findings-012505D00 3 Fintlings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
(SCE) company transmission towers along the eastern boundary, and several access roads that
cross the northeastern portion of the site. No buildings are located on the property.
2.2 PROJECT DESCRIPTION °--
The proposed project to which these Findings apply consists of 35 single-family-residences on
approximately 18.9 acres, and 13.4 acres of permanent, designated open space. The project
has been designed to meet all City of Anaheim zoning code requirements related to residential
development, with the exception of a variance for a setback for one lot. The proposed individual
residences would vary in size from 3,244 to 4,044 square feet on lots that range from 7,445 to
20,490 square feet, and include between four and six bedrooms, depending on the model.
The proposed project would relocate and increase the acreage of the Open Space designation
on the property. There are currently 8.6 acres of Open Space within the project site; the
proposed project would relocate a portion of the open space designation from the east side of
Deer Canyon Road to the east side of the proposed development, adjacent to the SCE
easement. In addition, by including the required amount of fuel .modification adjacent to the
developed area, the project would preserve more open space than is currently designated in the
General Plan. A total of 13.4 acres of land is proposed for open space preservation.
The project includes a change in the General Plan land use designation for the development
portion of the site. The existing General Plan land use designation for the developable portion
of the project site is Hillside Estate Density, which permits a maximum of 1.5 dwelling units per
acre. This land use would allow up to 35 units for the 23.7 acres with this designation. The
project re-designates a portion of the property to Low Density, which allows up to 6.5 dwelling
units per acre, with a cap at the maximum number of dwelling units within the Deer Canyon
Estates development at 35 units. The Low Density designation also allows for clustering, or
grouping, of the residential units within the center of the property in order to preserve a large
area zoned as Open Space surrounding the residential units. The clustering preserves a buffer
between the development and existing land uses to the east and west.
A zoning reclassification redesignates the project site from T(SC) (Transition, Scenic Corridor
Overlay) to RS-2(SC) (Single-Family Residential, Scenic Corridor Overlay).
A combined total of 575.8 linear feet of retaining wall is included in three locations within the
project site. The retaining walls will be plantable loffel-type walls' to stabilize graded slopes and
prevent erosion. The maximum heights of each wall arc will be ten feet for two walls, and
eight feet for a third wall.
The project would be served by an internal circulation system, consisting of Deer Canyon Road
and an unnamed internal residential street. Deer Canyon Road would intersect with Santa Ana
Canyon Road north of the project site. A signal would be installed at the proposed Deer
Canyon Road/Santa Ana Canyon Road intersection.. Signal design would require consultation
with and approval by the City of Anaheim Traffic Engineering Division. An internal residential
street would be located off of Deer Canyon Road and would provide direct access to the
individual residential lots. Both Deer Canyon Road and the proposed residential roadway would
be City-owned and maintained.
Deer Canyon Road is proposed as a two-lane, undivided roadway with an average curb to curb
width of 40 feet, or a right-of-way width of 60 feet including a sidewalk and landscaped parkway
A loffel-type wall is a plantable retaining wall using components similar to the Loffe117TA :brand soil
retention wall blocks.
F:\Envimnmental151onegale EIR\Fln4ingg0125g5.nOC 4 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
on one side of the street. The opposite sidewalk and parkway wilt be added by others when the
other properties are developed. Street design would be consistent with the City's standard
guidelines, and would include standard gutters, curbs, afour-foot-wide sidewalk on one side of
the road, and a maximum ten percent grade. On-street parking would be allowed.
The internal residential street is proposed as a two-lane, undivided roadway with aright-of-way
width of 45 feet. Sidewalks would be provided on both sides of the internal residential street.
Design of the residential street would include features intended to reduce vehicle speeds along
the roadway, and includes one round-about and a cul-de-sac. The street would allow for on-
street parking, except for the area within the round-about. The proposed street width would be
inconsistent with current standard guidelines set forth by the City of Anaheim requiring a total
right-of-way width of 56 feet. (The 45-foot width was the standard at the time of the initial
submittal of the Notice of Preparation.) To address this inconsistency, the project applicant is
requesting a waiver of public street standards as an element of the Variance being requested
for the proposed project. The City of Anaheim Public Works Department has indicated their
support for this element of the Variance.
Deer Canyon Road will be signalized at Santa Ana Canyon Road and aligned directly opposite
the existing storage facility., located on the north side of Santa Ana Canyon Road. Several
nearby projects and the Deer Canyon Nature Park will also access their properties via the Deer
Canyon/Santa Ana Canyon Road intersection. Applicants for each of these development
projects (but not the park) will be responsible for afair-share contribution towards the proposed
traffic signal and roadway improvements at the intersection of Deer Canyon Road and Santa
Ana Canyon Road.
The project includes anorth-south Regional Trail in accordance with the General Ptan Land Use
Element and Parks, Recreation and Community Services Element Maps. The publicly-owned
trail will be located east of the conceptual alignment generally indicated in the Generat Plan, and
will meander along the western edge of the residential development area for approximately
1,080 linear feet, between the proposed homes and the Deer Canyon access road. The trail
provides a critical link to connect the City's wildlife park (Deer Canyon) to Santa Ana Canyon
Road.
2.3 DISCRETIONARY ACTIONS
Project implementation, based on applications currently pending before the City, includes the
following discretionary actions by the City:
1. Certification of the FEIR.
2. Approval of General Plan Amendment (Amendment GPA 2004-00416)
3. Approval of Zoning Reclassification (RCL 2004-00114)
4. Approval of Variance (VAR 2004-04597)
5. Approval of Vesting Tentative Tract Map No. 16440
In addition, the following permits or entitlements will be requested under this FEIR:
1. Grading Permits associated with the Hillside Category
2. Homeowner Association formation
F:\EnWrgnmenlsRSlonega~e EIR\Fintlings~~125~5.DOC 5 Findings of Fact and
Statement of Overriding Considerations
Deer Canvon Estates
3. Haul Route approval for the import and export of soil
4. Encroachment Licenses
5. Building Permits
6. Subdivision improvement plan permits
Right-of-Way Construction Permit
2.4 STATEMENT OF OBJECTIVES
Section 15124(b) of the State CEQA Guidelines specifies that an EIR should include "a
statement of objectives sought by the proposed project" and its "underlying purpose." Following
are the objectives for the Deer Canyon Estates Project:
Construct a residential community comprised primarily of larger-lot single-family
detached homes which can be clustered and generate sufficient .revenue in order
to acquire and preserve surrounding California coastal sage scrub habitat.
2. Develop a quality single-family housing development that is compatible with the
adjacent residential uses.
3. Reinforce the neighborhood identity of a unique and environmentally sensitive
residential hillside community through control of project design elements such as
contour grading, architecture, landscaping, color, paving, walls., fencing, signage,
entry treatment, and roadway design.
4. Provide additional housing to meet a portion of the City of Anaheim's Regional
Housing Allocation Model (RHAM) requirements.
SECTION 3.0 ENVIRONMENTAL REVIEIAI AND PUBLIC PARTICIPATION
The City prepared an Initial Study (IS) for the proposed project and based do that IS, the City
determined that the proposed project may have a significant effect on the environment and that
an EIR should be prepared to analyze the potential impacts associated with approval and
implementation of the proposed project.
On February 6, 2004, in accordance with Section 15082 of the Guidelines, the City distributed a
Notice of Preparation (NOP) of an Environmental Impact Report to the State Clearinghouse,
local and regional responsible agencies, and other interested parties. A number of agencies
and other interested parties responded to the NOP. A copy of the IS, NOP, and the responses
received during the 30-day public review period, are contained in Appendix A (Volume II) to the
FEIR.
The Draft EIR for the proposed project was then prepared and circulated for review and
comment by the public, agencies and organizations fora 45-day public review period that began
on January 31, 2005 and concluded on March 16, 2005. A Notice of Completion of the Draft
EIR was sent to the State Clearinghouse and the Draft EIR was circulated to State agencies for
review through the State Clearinghouse., Office of Planning and Research
(SCH No. 2004021044). A notice of availability of the Draft EIR for review was mailed to
residents in the vicinity of the project site. The notice of availability was also filed with the City
F:\enNrgnm¢ntal\slonegale EIR\Fintlings~o125g5.000 6 Findings or Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
Clerk and required notice was provided to the public. During the public review period, several
comment letters on the Draft EIR were received.
SECTION 4.0 GENERAL FINDINGS
The City hereby finds as follows:
® The City is the "Lead Agency' for the proposed project evaluated in the FEIR;
® The Draft EIR and FEIR were prepared in compliance with CEQA and the Guidelines;
The City :has independently reviewed and analyzed the Draft EIR and the FEIR, and
these documents reflect the independent judgment of the City Council and the City of
Anaheim;
An MMRP has been prepared for the project, which the City has adopted or made a
condition of approval of the project. That MMRP is incorporated herein by reference and
is considered part of the record of proceedings for the project;
® The MMRP designates responsibility and anticipated timing for the implementation of
project mitigation. The City will serve as the MMRP Coordinator;
® In determining whether the project has a significant impact on the environment, .and in
adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with
CEQA Sections 21081.5 and 21082.2 (Substantial Evidence requirement);
® The impacts of the proposed project have been analyzed to the extent feasible at the
time of certification of the FEIR;
® The City reviewed the comments received on the Draft EIR and FEIR and the responses
thereto and has determined that neither the comments received nor the responses to
such comments add significant new information regarding environmental impacts to the
Draft EIR or FEIR. The City has based its actions on full appraisal of all viewpoints,
including all comments received up to the date of adoption of these Findings, concerning
the environmental impacts identified and analyzed in the FEIR;
® The responses to the comments on the Draft EIR, which are contained in the FEIR,
clarify and amplify the analysis in the Draft EIR;
Having reviewed the information contained in the Draft E1R and FEIR and the record of
proceedings, as well as the requirements of CEQA and the Guidelines regarding
recirculation of Draft EIRs, and having analyzed the changes in the Draft EIR which have
occurred since the close of its public review period, the City finds that there is no new
significant information in the .FEIR and finds that recirculation is not required;
. The City has made no decisions that constitute an irretrievable commitment of resources
toward the project prior to certification of the FEIR, nor has the City previously committed
to a definite course of action with respect to the project;
® Copies of all the documents incorporated by reference in the FEIR are and have been
available upon request at all times at the offices of the City, custodian of record for such
documents or other materials; and
F:\Envirgnmenlal~slonegate EIR\Fintlings-012505.000 7 Findings of Fact and
Statement o/Overriding Considerations
Deer Canvon Estates
Having received, reviewed, and considered all information and documents in the record.,
the City hereby conditions the proposed project and finds as stated in these Findings.
SECTION 5.0 SUMMARY OF IMPACTS
The FEIR concludes that impacts of the project with respect to the following .issues either will
not be significant or will be mitigated to below a level of significance by existing standard
conditions and requirements, project design features, and/or mitigation measures that will be
made conditions of project approval: Aesthetics, operational impacts regarding Air Quality,
Agriculture, Biological Resources, Cultural Resources, Geology/Soils, Hazards and Hazardous
Materials, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Noise, Population
and .Housing, Public Services, Recreation, Transportation/Traffic, Transportation/Circulation,
and Utilities/Service Systems. Short-term impacts related to Air Quality remain significant
despite the adoption of all feasible mitigation measures.
SECTION 6.0 FINDINGS REGARDING IMPACTS
6.1 LAND USE AND PLANNING
A. Environmental Impact: Conflict with anv aoolicable land use plan, oolicv or regulation.
The goals, objectives, and policies of the City of Anaheim General Plan, relevant to the project,
were reviewed. The analysis involved determining the consistency of the proposed project on a
policy-by-policy basis. The following discussion summarizes the findings of this analysis.
Overall, the proposed project would be consistent with all applicable land use goals and
policies, and no significant impacts would result.
Finding: Impacts regarding land use plans and policies are less than significant.
Facts in Support of Finding: Applicable City of Anaheim General Plan elements were
analyzed by individual goals and policies for consistency with the project in Section 4.1.2 of the
DEIR and a determination was made that the project would be consistent with all applicable
.land use goals and policies. In addition, other applicable plans were reviewed for consistency
with the project. These included: the City on Anaheim Municipal Zoning Code, the Regional
Water Quality Control Board NPDES Program, and compatibility with surrounding land uses.
The project has been designed to preserve as much of the natural character of the site as
possible while avoiding potential environmental effects which could impact surrounding land
uses. Therefore, development of the site as proposed would promote continued compatibility of
land uses within the project site and with the land uses surrounding the site. Specifically, the
use of grading techniques such as contour grading and terracing help to minimize impacts to the
natural landform preserving much of the site's topography. With regard to wetland resources,
development related to the .project would avoid all but 0.10 acre of California Department of Fish
and Game (CDFG) jurisdictional area and 0.08 acre of U.S. Army Corps of Engineers (ACOE)
non-wetland jurisdictional area. Development of the project would completely avoid disturbing
the drainage (and associated wetland areas) in the western portion of the site, thereby
preserving it as a biological resource. Additionally, the project has been designed to meet fuel
modification requirements as set forth by the City of Anaheim Fire Department.
Mitigation Measures: No mitigation measures are required.
Reference: FEIR § 4.1, § 4.7, § 4.8 and § 4.10; 2004 City of Anaheim General Plan
F:\EnNronmenlal\slonegale ElR\Fintlings-0125o5:DOC 8 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
B. Environmental Impact: Induce substantial population growth in an area. The project
site would be developed with 35 single-family residential units resulting in a direct increase in
local population. According to 2000 Census data, the average household unit within the City of
Anaheim houses an average of 3.3 people. Assuming this average, the project would generate
approximately 116 new residents in the area.
Finding: Impacts regarding population growth are less than significant.
Facts in Support of Finding: This direct inc
small and would not pose a significant .burden
located within an area which, according to the
Map, is planned for development.
rease in population by 116 people is relatively
on the surrounding area. The project site is
2004 General Plan Land Use Map and Zoning
Mitigation Measures: No mitigation measures are required.
Reference: FEIR § 4.1; 2004 City of Anaheim General Plan Land Use Map; City of Anaheim
Municipal Zoning Code Map
6.2 GEOLOGY AIdD SOILS
A. Environmental Impact: Expose people or structures to potential adverse effects.
There are no known active or potentially active faults on or crossing the project site.
Additionally, the proposed project site is not located within an established Alquist-Priolo Special
Studies Zone. As a result, ground shaking is not expected to be any more intense than that
expected at other, nearby developments, and seismic ground shaking would :not cause a
significant project impact. The potential for liquefaction at the site is considered low because no
free shallow groundwater is present, and the area to be developed is underlain by bedrock,
rather than cohesionless soil. As a result, no impacts are expected on site related to the
secondary seismic hazard of liquefaction. After implementation of the Mitigation Program, the
potential for seismically-induced settlement is considered low, and :impacts related to
seismically-induced settlement would be Tess than significant.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding landform and
topography to below a level of significance.
Facts in Support of Finding: The implementation of the Standard Conditions and mitigation
measure contained in the FEIR will reduce any remaining impacts from the project regarding
landform and topography to below a level of significance.
Mitigation Measures: Standard Conditions SC G-1 and SC G-2 and Mitigation Measure
MM G-1 are incorporated herein by reference as though fully set forth and shall be conditions of
project approval.
Reference: FEIR § 4.1, FEIR Volume II, Appendix A, Geotechnical Feasibility Report.
B. Environmental Impact: Substantial soil erosion. During construction, soil would be
exposed and there would be a potential for soil erosion. Runoff from the site during construction
could contain soils and sediments. Additionally, during a storm event, soil erosion could occur
at an accelerated rate. The increased erosion potential could result in a significant short-term
water quality impact, as identified in EIR Section 4.3, Hydrology and Drainage.
F:\EnNmnmenlaRSlgnegale EIR\Flntlings-012505.e0C 9 Findings of FacLand
Statement o/Overriding Considerations
Deer Canyon Estates Development
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding landform and
topography to below a level of significance.
Facts in Support of Finding: The implementation of the Standard Conditions and mitigation
measure contained in the FEIR will .reduce any remaining impacts from the project regarding
landform and topography to below a level of significance.
Mitigation Measures: Standard Conditions SC G-1 and SC G-2 and Mitigation Measure
MM G-1 are incorporated herein by reference as though fully set forth and shall be conditions of
project approval.
Reference: FEIR § 4.1, FEIR Volume II, Appendix A, Geotechnical Feasibility Report.
C. Environmental Impact: Cause oeologic instability or be located on instable soil. The
proposed project includes both cut and fill slopes in areas where there is currently
topsoil/colluvium, fill, both old and new alluvium, landslide materials, soil slumps, and soils of
the Sycamore Canyon Member of the Puente Formation. Some of these materials have the
potential be compressible, collapsible, or expansive. In addition, there is a potential for slope
failure if these slopes are not properly designed and constructed.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding landform and
topography to below a level of significance.
Facts in Support of Finding: The implementation of the Standard Conditions and mitigation
measure contained in the FSEIR will reduce any remaining impacts from the project regarding
landform and topography to below a level of significance.
Mitigation Measures: Standard Conditions SC G-1 and SC G-2 and Mitigation Measure
MM G-1 are incorporated herein by reference as though fully set forth and shall be conditions of
project approval.
Reference: FEIR § 4.1, FEIR Volume II, Appendix A, Geotechnical Feasibility Report.
D. Environmental Impact: Located on expansive soil. There are expansive potential of
soils within the project area. In general, soils derived from surficial and bedrock materials have
the following expansion potential: (1)non-expansive to low; (2) generally non-expansive to
moderate; (3) generally low; or (4) low to moderate. Isolated areas may produce more or less
expansive materials.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding landform and
topography to below a level of significance.
Facts in Support of Finding: The implementation of the Standard Conditions and mitigation
measure contained in the FSEIR will reduce any remaining impacts from the project regarding
landform and topography to below a level of significance.
Mitigation Measures: Standard Conditions SC G-1 and SC G-2 and Mitigation Measure
MM G-1 are incorporated herein by reference as though fully set forth and shall be conditions of
project approval.
F:1EnNmnmenlaRSlonegale EIR\Fintlings-072501000 10 Findings of Fact and
Statement of Ovemding Considerations
Deer Canyon Estates Development
Reference: FEIR § 4.1, FEIR Volume II, Appendix A, Geotechnical Feasibility Report.
6.3 HYDROLOGYNVATER QUALITY
A. Environmental Impact: Substantially alter existing drainage patterns or increase the
rate or amount of surface runoff resulting in erosion. A substantial change in flow patterns or an
increase in the flow or rate of runoff could impact adjacent property or storm drains. Erosion
can be created through increased amount or speed of runoff.
Finding: Changes or a terations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding hydrology and water
quality to below a level of significance.
Facts in Support of Finding: Two "earth-bottom depression" areas constructed on the project
site would be designed to contain and manage runoff stormwater on site. To accommodate the
anticipated increase in peak flow, the project design incorporates an upsizing of the existing
lines to accommodate the additional capacity needed for the larger tributary area. Additionally,
the drainage for the far western portion of the site that contains a wetland .area would not be
affected by the proposed project. Therefore, the drainage pattern on the site would not be
substantially altered and potential on-site impacts would be less than significant.
The developed project would not contribute to erosion because the runoff from the site would be
captured in a storm drain system that would be constructed as part of the proposed project, and
would not be directly deposited into a natural stream or creek. Additionally, the project includes
a landscape plan that includes a "Layering" of plant materials (trees, shrubs, and groundcovers),
in which the ornamental landscape of developed areas transition to the natural landscape of the
surrounding, undeveloped canyons and hillsides.
The implementation of the Project Design Features contained in the FEIR will reduce any
remaining impacts from the project regarding Landform and topography to below a level of
significance.
Mitigation Measures: Project Design Features PDF-1, PDF-3, and PDF-4 are incorporated
herein by reference as though fully set forth and shall be conditions of project approval.
Reference: FEIR § 4.3; FEIR Volume II, Appendix C, Preliminary Hydrology Study and Water
Quality Management Plan.
B. Environmental Impact: Increase runoff and exceed stormdrain capacity or significantly
change flow velocity. A substantial increase in flow or velocity could cause impacts to
surrounding uses.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding hydrology and water
quality to below a level of significance.
Facts in Support of Finding: Two "earth-bottom depression" areas constructed on the project
site would be designed to contain and manage runoff stormwater on site. To accommodate the
anticipated increase in peak flow, the project design incorporates an upsizing of the existing
lines to accommodate the additional capacity needed for the larger tributary area.
F:\EnNeonmenURSloneBale Elft\FinEings-012505:000 11 Findings of Fast and
Statement of Overriding Considerations
Deer Canyon Esfafes Development
Mitigation Measures: Implementation of Project Design Features PDF-1, PDF-3, and PDF-4
are incorporated herein by reference as though fully set forth and shall be conditions of project
approval
Reference: FEIR § 4.3; FEIR Volume II, Appendix C, Preliminary Hydrology Study and Water
Quality Management Plan.
C. Environmental Impact: Impact stormwater runoff. The proposed project could result in
short-term construction impacts to surface water quality from grading activities, construction of
structures, and infrastructure improvements., and other construction related activities.
Construction activities would result in disturbance of soils on the project site. stormwater runoff
from the project site during construction could contain soils and sediments from these activities
as well as spills or leaks from heavy equipment and machinery. Typical pollutants used during
construction could include petroleum products such as fuel, oil, and grease, heavy metals from
equipment, detergents, .plaster, acids, lime, glues, paints, cleaning agents, and curing
compounds that could contain hazardous constituents..
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding hydrology and water
quality to below a level of significance.
Facts in Support of Finding: The implementation of the Standard Conditions contained in the
FEIR will reduce any remaining impacts from the project regarding hydrology and water quality
to below a level of significance.
Mitigation Measures: Standard Conditions of Approval SC H-1 through H-5 are incorporated
herein by reference as though fully set forth and shall be conditions of project approval.
Reference: FEIR § 4.3; FEIR Volume II, Appendix C, Preliminary Hydrology Study and Water
Quality Management Plan.
D. Environmental Impact: Discharge of pollutants onsite. The potential for discharge of
pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment
maintenance (including washing), waste handling, hazardous materials handling or storage,
delivery areas, loading docks, or other outdoor work areas, as well as other water quality
impacts related to construction, is associated with development.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding hydrology and water
quality to below a level of significance.
Facts in Support of Finding: The implementation of the Standard Conditions contained in the
FEIR will reduce any remaining impacts from the project regarding hydrology and water quality
to below a level of significance.
Mitigation Measures: Standard Condition SC H-2 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FEIR § 4.3; FEIR Volume I1, Appendix C, Preliminary Hydrology Study and Water
Quality Management Plan.
F9Environmen\allslonegale EIR\Flntlings-012EOS.DOC t2 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
E. Environmental Impact: Degradation of water quality violate water ouality standards, or
result in discharge affecting beneficial uses. The release of pollutants or other inappropriate
material onsite or into surrounding channels could degrade water quality.
............
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding hydrology and water
quality to below a level of significance.
Facts in Support of Finding: The implementation of the Standard Conditions contained in the
FEIR will reduce any remaining impacts from the project regarding hydrology and water quality
to below a level of significance.
Mitigation Measures: Standard Condition SC H-4 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FEIR § 4.3; FEIR Volume II, Appendix C, Preliminary Hydrology Study and Water
Quality Management Plan.
6.4 TRAFFIC AND CIRCULATION
A. Environmental Impact: Impact to the local circulation network. The removal of
approximately 100,000 cubic yards of soil from the site will result to about 152 truck trips.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding traffic and
circulation to below a level of significance.
Facts in Support of Finding: The FEIR discusses impacts regarding transportation and
circulation in Section 4.4. The FEIR determined that the project will cause no significant
impacts regarding transportation and circulation with implementation of mitigation measures
recommended. Section 4.4 of the FEIR concludes that the project with implementation of a
standard condition and will not cause a significant impact regarding transportation and
circulation.
Mitigation Measures: Standard Condition TC-1 is incorporated herein by reference as though
fully set forth and shall be a condition of project approval
Reference: FEIR § 4.4; FEIR Volume II, Appendix D, Traffic Impact Analysis
6.5 AIR QUALITY
A. Environmental Impact: Construction. Construction of the proposed project would
result in significant short-term impacts from NOx and PM,o emissions during the peak day and in
the peak quarter.
Finding: Changes or alterations have been required in or incorporated into the project which
will lessen the significant environment effects of the project related to air quality. These
changes or alterations, however, will not reduce the impact from NOx to below a level of
significance and the project is expected to have both a direct and a cumulative significant
adverse impact on short-term air quality. The City finds that there are no other feasible
mitigation measures that would mitigate the impact to below a level of significance, and that
specific economic, social, technological or other considerations, including considerations for the
provision housing make infeasible the alternatives identified in the FEIR, as discussed in
F1Envimnmenlal~5lanegale EIR\Flndings-01250E.~OC 13 Findings o/Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
Section VIII of these Findings. (Public Resources Code Section 21081[a][3j; Guidelines Section
15091[a][3]). As described in the Statement of Overriding Considerations, the City has
determined that this impact is acceptable because of specific overriding considerations.
Facts in Support of Finding:
1. Without .mitigation, PM,e emissions from construction of the proposed project would be
significant on the peak day and in the peak quarter. NOx emissions would also be significant in
both periods prior to mitigation. NOx emission levels would be reduced through application of
MM AO-1 through MM AO-3; however, the proposed project would continue to violate air quality
standards for NOx, creating a significant project impact. There are no known toxic or sources of
odors on the site that would be released during construction.
2. To minimize particulate emissions (PM~e), the project will include suppression measures
for fugitive dust and those pollutants associated with construction equipment in accordance with
SCAQMD Rule 403 and other SCAQMD requirements as detailed in the Mitigation Measures.
Rule 403 requires that fugitive dust be controlled with the best available control measures and
the .project will implement the best available control measures required by Rule 403. Rule 403
also requires that "construction activities shall not cause or allow PM,e levels to exceed 50
microns per cubic meter when determined by simultaneous sampling, as the difference between
upwind and downwind sample." The project will be required to adopt the active control
mitigation measures, including watering, use of dust suppressants, installation of temporary
enclosures, and/or planting of a vegetated ground cover after active operations have ceased.
This potentially results in a much higher reduction of particulate emissions than if the air-
monitoring option of rule 403 was employed. Additionally, under high-wind conditions,
additional control measures are required, including ceasing operations, applying water or
chemical stabilizers, stopping traffic on unpaved roads, installing temporary coverings on open
storage piles, or covering all haul vehicles. Further, rule 403 requires the project to mitigate the
impacts of the truck out of bulk materials onto public paved roadways as a result of operations.
Rule 402 will also minimize short-term construction impacts. SCAQMD Rule 402 prohibits the
discharge from any source whatsoever such quantities of air contaminants or other materials
which cause injury, detriment, nuisance, or annoyance to any considerable number of persons
or to the public, or which endanger the comfort, repose, health or safety of any such persons or
the public, or which cause, or have a natural tendency to cause, injury or damage to business or
property. The mitigation measures and Standard Conditions shall ensure compliance with
SCAQMD rules and emissions reduction requirements.
3. To minimize NOx emissions from construction activities, the contractor shall restrict
vehicular and equipment operation to those powered by aqueous diesel fuel to the extent
practical. The contractor shall require that all vehicles be maintained to manufacturer's
specifications. The contractor shall be instructed to minimize any unnecessary use of
construction equipment. All equipment and vehicles shall be turned off when not in use for
more than five minutes.
4. The Standard Condition mitigation measures are expected to reduce project-related
emissions during construction-related activities. Even after the application of mitigation
measures, however, the project is expected to generate emissions levels of NOx and PM~e that
exceed SCAQMD thresholds. As a result, project-related air quality impacts from NOx for
construction are considered significant even after mitigation.
5. The City analyzed the potential mitigation measure of reducing the amount of daily
construction activity to reduce the daily pollutant emissions below the significance thresholds.
However, this would extend the expected grading period by a factor of four to six times (from a
F1EnveonmenlaR5lonegale EIR\Findings-0125a5AOC 14 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
total of about three months to over 17 months of grading activity). Although this change would
result in a longer construction period and higher construction costs, the project applicant has
indicated its willingness to comply with this restriction. However, the City rejects it as infeasible
because it would cause an excessive nuisance to surrounding property owners. Construction'
activity creates particulates resulting in increased dust at surrounding properties and increases
nuisance traffic and noise. Prolonging grading (and its associated impacts) for approximately
1 and '/ years, rather than less than one half of a year, could cause a nuisance to the
surrounding residences and unnecessarily prolong environmental impacts caused by grading.
Mitigation Measures: Standard Condition SC AQ-1 and Mitigation Measures MM AQ-1
through MM AQ-3 are incorporated herein by reference as though fully set forth and shall be
conditions of project approval
Reference: FEIR § 4.5; FEIR Volume II, Appendix 'E, Air Quality Technical Report; FEIR
§ 5.2.7 Alternatives to Reduce Air Quality Impacts.
B. Environmental Impact: Construction. During construction, sensitive receptors would
be exposed to substantial concentrations of PM~D. The proposed project would result in short-
term impacts relating to air quality. Sensitive receptors surrounding the project site include
residential uses to the west and east, and the school proposed for the Calvary Chapel site to the
northwest (should the school be constructed prior to the canstruction of the Deer Canyon
Estates development). Due to their proximity to the project site, during construction, residences
currently adjacent to or the school planned to be adjacent to the project site would be exposed
to substantial concentrations of fugitive dust (PM~D) (refer to Tables 4.5-4 and 4.5-5). This
would be considered a significant impact prior to mitigation.
Finding: Changes or alterations .have been required in, or incorporated into, the project which
avoid or substantially lessen the significant direct and cumulative environmental effects
regarding operational impacts to air quality to below a level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
Facts in Support of Finding: This impact would be reduced to a level considered less than
significant with implementation of SC AQ-1.
Mitigation Measures: Standard Condition SC AQ-1 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FSEIR § 3. 4.5; FEIR Volume II, Appendix E, Air Quality Technical Report
6.6 NOISE
A. Environmental Impact: Short-Term Construction Impacts; Long-Term Impacts;
Cumulative Impacts. The closest existing residences are located at least 300 feet west of the
project site. At this distance, worst case construction noise levels would be between 54 and 75
dBA and average construction noise levels between 39 and 70 dBA. Short-term noise impacts
related to construction of the proposed project would be less than significant. No mitigation
would be required.
Typical residential construction achieves 12 d6 outdoor-to-indoor noise reduction with windows
open. With windows closed, the outdoor-to-indoor noise reduction increases to 20 d6.
Accordingly, the northernmost residences would meet the City's interior residential noise
standard (45 CNEL) with closed windows. The outdoor noise level of 62 NEL would be reduced
F:\Envimnmenlal~slonegale Elft\FinEinBS-012505.DOC 15 Findings of Fact and
Statement of Overriding Conside2tions
Deer Canyon Estates Development
to 42 CNEL indoors, or below the City's standard. In order to assume that windows can remain
closed, adequate ventilation in accordance with the Uniform Building Code must be provided.
Typically, this is accomplished through mechanical ventilation or heating, ventilation, and air
conditioning (HVAC) systems. No long-term significant noise impacts related to the proposed
project would occur. No mitigation would be required.
No significant impact was identified based on the noise level data, therefore the project would
not contribute to a cumulative significant impact related to noise. Further, the proposed project
would be required to comply with the City noise ordinance, thereby mitigating a potential
cumulative impact.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding noise to below a
level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
Facts in Support of :Finding: The FEIR discusses noise related impacts in Section 4.6. The
FEIR determined that all direct and cumulative impacts regarding noise would be mitigated to
below a level of significance by implementing the Project Design Feature and Standard
Conditions contained in the FEIR.
Mitigation Measures: Project Design Feature PDF N-1, and Standard Conditions SC N-1 and
SC N-2, are incorporated herein by reference as though fully set forth and shall be conditions of
project approval.
Reference: FEIR § 4.6; and FEIR Volume II, Appendix F, Noise Technical Report:
6.7 BIOLOGICAL RESOURCES
A. Environmental Impact: Special Status Plant and Wildlife Species. The proposed
project has potential to impact the western spadefoot toad if present on the project site. This
impact would be considered significant because this species meets the criteria of Section 15380
(definition of threatened, endangered or rare species) of CEQA. Implementation of Mitigation
Measure B-1 would reduce this impact to less than significant. The proposed project could
impact an active raptor nest.. This impact would be considered significant because it would be a
violation of Sections 3503, 3503.5 and 3513 (nest protection for all birds, protection for raptors
and protection of migratory non-game birds) California Fish and Game Code. Implementation of
Mitigation Measure B-3 would reduce this impact to less than significant. The proposed project
would impact coastal sage scrub vegetation types (mixed sage scrub, mixed sage scrub with
toyon-sumac chaparral., disturbed mixed sage scrub, and annual grassland/mixed sage scrub)
that provide habitat for the coastal California gnatcatcher. This impact would be considered
significant.
Finding: Changes or alterations have been required in, or .incorporated into, the project which
avoid or substantially lessen the significant environmental effects to biological resources to
below a level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
Facts in Support of Finding: The project site provides potentially suitable habitat for the
western spadefoot toad and it may occur. Although not listed or proposed to be listed as
Threatened or Endangered, this species is rare in the region and, when it occurs, is found in
F:1Envimnmenlal~slonegale EIR1Fintlings-012505.000 16 Findings of Fact and
Statement o/Overriding Considerations
Deer Canyon Estates Development
localized populations that are susceptible to extirpation. Therefore, potential impacts on this
species would meet the criteria of Section 15380 of CEQA and need to be treated as if the
species were formally listed as Threatened or Endangered by the resource agencies.
Therefore, potential impacts on the western spadefoot would be considered significant and-
require mitigation under CEQA. The project site supports suitable coastal sage scrub habitat for
the coastal California gnatcatcher and is in critical habitat. Focused surveys were pertormed in
2002 for the coastal California gnatcatcher and determined that a total of four pairs .were
present on the project site. Project construction would result in the loss of coastal sage scrub
habitats (mixed sage scrub, mixed sage scrub with toyon-sumac chaparral, disturbed mixed
sage scrub, and annual grassland/mixed sage scrub for the coastal California gnatcatcher.
These impacts on the coastal California gnatcatcher would be considered significant and require
mitigation under CEQA. The proposed project would also result in the loss of foraging and
breeding habitat that may be suitable for several raptor species that occur in the region. The
loss of foraging habitat for raptors would cumulatively contribute to the ongoing regional loss of
foraging habitat for these species. This is considered an adverse, but less than significant
impact, because a relatively substantial amount of foraging habitat for these species is available
elsewhere in the region. The white-tailed kite and Cooper's hawk also have potential to nest on
the project site. Impacts on any active raptor nest (common or special status species) would be
considered a violation of the California Fish and Game Code Sections 3503, 3503.5, and 3513.
Therefore, any impact on the nest of these raptor species would be considered significant and
would require mitigation.
Mitigation Measures: Mitigation Measures MM B-1 through MM B-4 are incorporated herein
by reference as though fully set forth and shall be conditions of project approval
Reference: FEIR § 4.7; and FEIR Volume II, Appendix G, Biological Resources Technical
Report.
B. Environmental Impact: Indirect Impacts. Construction noise may indirectly impact the
coastal California gnatcatcher. Temporary displacement of the gnatcatcher would be
considered a potentially significant impact. Lighting of urban development may affect the
behavior patterns of nocturnal and crepuscular wildlife species. This impact would be
considered potentially significant because it may impact special status wildlife species. Human
activity would increase the noise and disturbance of habitat areas remaining on the site. This
impact would be considered potentially significant because it could impact special status wildlife
species.
Finding: Changes or alterations :have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects to biological resources to
below a level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
facts in Support of Finding: The project site is surrounded by developed areas that included
high noise levels (e.g., SR-91); however, noise levels at the project site would increase
substantially over present levels during construction of the proposed project. During
construction, temporary noise impacts have the potential to disrupt foraging, nesting, roosting,
and dennng activities for a variety of wildlife species. These impacts are considered adverse,
but not significant for most wildlife species at the project site, because the proposed project
would not impact a substantial population of any of these wildlife species. Lighting of the urban
development would inadvertently affect the behavior patterns of nocturnal and crepuscular
(active at dawn and dusk) wildlife at these areas. Of greatest concern is the affect on small
ground-dwelling animals that use the darkness to hide from predators, and on owls that are
F9EnvironmenlaRStonegale.ElR\Findings-012505.000 17 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
specialized night foragers. These impacts, while adverse, would not be expected to reduce any
current wildlife population below self-sustaining levels. However, lighting could inhibit wildlife
from using the habitat adjacent to lighted areas. The residents of the proposed development
may use the proposed open space for passive recreation (e.g., hiking). This would increasethe
noise and disturbance of habitat areas remaining on the site, especially those adjacent to the
proposed development. Human disturbance could disrupt normal foraging -and breeding
behavpr of wildlife remaining on the site, substantially diminishing the value of habitat areas
remaining. In addition, pets in these neighborhoods (i.e., cats and dogs)-would become
introduced predators and would increase the stresses of wildlife remaining in the open space
areas on the site.
Mitigation Measures: Mitigation Measures MM B-4 through MM B-6 are incorporated herein
by reference as though fully set forth and shall be conditions of project approval.
Reference: FEIR § 4.7; FEIR Volume II, Appendix G, Biological Resources Technical Report.
C. Environmental Impact: Coastal Sage Scrub. The proposed project would impact
coastal sage scrub vegetation types. This impact would be considered significant because this
vegetation type is considered special status due to its decline in the region and its potential to
support special status plant and wildlife species, including the coastal California gnatcatcher.
Implementation of B-2 would reduce this impact to less than significant.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects to biological resources to
below a level of significance.
Public Resources Gode § 21081(a)(1), Guidelines § 15091(a)(1).
Facts in Support of Finding: The types of coastal sage scrub on the project site include
mixed sage scrub, mixed sage scrub with toyon-sumac chaparral, poison oak scrub, and
disturbed mixed sage scrub. Any impact on coastal sage scrub would be considered significant
because this vegetation type is considered to be special status due to its decline in the region
as well as its potential to support special status plant and wildlife species, including the coastal
California gnatcatcher.
Mitigation Measures: Mitigation Measure MM B-2 is ihcorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FEIR § 4.7; FEIR Volume II, Appendix G, Biological Resources Technical Report.
D. Environmental Impact: Coastal Sage Scrub. Improper disposal of petroleum and
chemical products from construction equipment (temporary) could adversely affect water quality
and, in turn, would potentially affect wildlife populations that use the riparian areas of the project
site. Water quality could also be adversely affected by runoff of nutrients from landscape
features of the proposed project or infrastructure areas (i.e., vehicles, improper disposal of
chemicals).
Finding: Changes or alterations have been required in, or incorporated Into, the project which
avoid or substantially lessen the significant environmental effects to biological resources to
below a level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
F:\EnNmnmpnlalklonegale EIR~Pindings-0125g5.DOC 1(i Findings of Fact and
Statement of Overriding Considerations
Peer Canyon Estates Development
Facts in Support of ':Finding: The proposed project could impact water quality. This impact
would be considered potentially significant. Implementation of mitigation would reduce this
impact to less than significant.
Mitigation Measures: Mitigation Measure MM B-7 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FEIR § 4.7; FEIR Volume II, Appendix G, Biological Resources Technical Report
E. Environmental Impact: Invasive Species. The proposed .:project includes landscaping
of the slopes. The landscaping may include planting ornamental species that are known to be
particularly invasive (e.g., Japanese honeysuckle [Lonicera japonica), fan palm [Washingtonia
spp.], etc.). Seeds from invasive species may escape to natural areas and degrade the native
vegetation. This impact would be considered potentially significant since the project is adjacent
to natural open space.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects to biological resources to
below a level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
Facts in Support of Finding: The proposed project could impact the quality of vegetation
types remaining on the project site by introducing invasive exotic plant species. This impact
would be considered potentially significant. Implementation of mitigation would reduce this
impact to less than significant.
Mitigation Measures: Mitigation Measure MM B-8 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FEIR § 4.7; FEIR Volume II, Appendix G, Biological Resources Technical Report.
F. Environmental Impact: Jurisdictional Impact. Although the proposed project would not
impact any riparian vegetation, it would permanently impact approximately 0.08 acre (3,485
square feet) of ACOE jurisdictional areas and 0.10 acre (4,356 square feet) of CDFG
jurisdictional areas.
Finding: Changes or alterations have been :required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects to biological resources to
below a level of significance.
Public Resources Code § 21081{a)(1), Guidelines § 15091(a)(1).
Facts in Support of Finding: The proposed project would impact 0.08 acre of ACOE
jurisdiction (an Individual Permit will be required per Section 404 of the CWA) and 0.10 of CDFG
jurisdiction (a 1603 Streambed Alteration Agreement will be required). This impact would be
considered significant. Implementation of mitigation would reduce this impact to less than
significant.
Mitigation Measures: Mitigation Measure MM B-9 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FEIR § 4.7; FEIR Volume II, Appendix G, Biological Resources Technical Report.
F:\EnvironmenlaRSlonegale EIR\FIndI0g5-012505.000 19 Findings of Fact and
StatemenRo/Overriding Considerations
Deer Canyon Estates Development
G. Environmental Impact: M_i_gratory Wildlife Corridors. Construction of the proposed
project would result in a reduction of open space habitats between Santa Ana Canyon Road
and SR-91 and the Deer Canyon Preserve south of the project site. This would primarily result
in reduced wildlife movements along anorth/south axis in this "peninsula" of open space
habitats. The increased light and noise pollution and concomitant increase in human activity
after completion of the proposed development would also likely further degrade the quality of
wildlife movement north and south. Since wildlife movement in this "peninsula' of open space
habitats primarily consists of travel routes for local wildlife movement, these impacts would be
considered adverse but not significant.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects to biological resources to
below a level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
Facts in Support of Finding: The proposed project would reduce the amount of open space
habitat between Santa Ana Canyon Road and SR-91 and the Deer Canyon Preserve south of
the project site. This would reduce wildlife movement between these open space habitats.
Construction noise may indirectly impact wildlife movement. Temporary disruption of wildlife
movement would be considered a potentially significant impact. Lighting of urban development
may affect the behavior patterns of nocturnal and crepuscular wildlife species. This impact
would be considered potentially significant because it may impact wildlife movement. Human
activity would increase the noise and disturbance of habitat areas remaining on the site. This
impact would be considered potentially significant because it could impact wildlife movement,
but would be reduced to an acceptable level and is less than significant.
Mitigation Measures: Mitigation Measures MM B-2, MM B-4, MM B-5 and MM B-6 are
.incorporated herein by reference as though fully set forth and shall be conditions of project
approval.
Reference: FEIR § 4.7; FEIR Volume II, Appendix G, Biological Resources Technical Report.
H. Environmental Impact: Conservation Plans. The proposed project is in an area
designated as an "Existing Use" area by the Central/Coastal NCCP. These areas are not
designated as Reserve Areas, but are areas that may contribute to the NCCP goals, including
preservation of the coastal California gnatcatcher. The proposed project would impact the
coastal California gnatcatcher, which may conflict with the goals of the NCCP. This impact
would be considered potentially significant.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects to biological resources to
below a level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091{a)(1).
Facts in Support of Finding: The proposed project would impact the coastal California
gnatcatcher and therefore, may conflict with the goals of the NCCP. This impact would be
considered significant. Implementation of mitigation would reduce this impact to less than
significant.
Mitigation Measures: Mitigation Measure MM B-2 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
FiEnvimnmenlaASlonegale EIR\Fintlings~0125o5:DOC 20 Findings of Fact and
Statement of Overriding Considerations
Deer Canvon Estates
Reference: FEIR § 4.7; FEIR Volume II, Appendix G, Biological Resources Technical Report.
I. Environmental Impact: Cumulative Impact. The proposed project, in conjunction with
the effects of past projects and probable future projects would result in the disturbance of °-
existing biological resources in the region as detailed in the previous section. Therefore, this
project would contribute to a cumulative significant effect on biological resources.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects to biological resources to
below a level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
Facts in Support of Finding: Incorporation of project design features, standard conditions,
and mitigation measure for all addressed projects would reduce the adversity of the impacts on
aproject-by-project basis. Projects with Threatened and/or Endangered species onsite are
required to obtain permits from the appropriate resource agency or agencies, as outlined in this
section. Permits are not granted by an agency if impacts are not mitigated. Therefore, on a
project-by-project basis biological impacts are mitigated. However, if mitigation is offsite and a
resource is lost in the area or if mitigation is an in lieu fee used for conservation management
and not used for habitat replacement, biological resources could be impacted on a cumulative
basis.
Mitigation Measures: Mitigation Measure MM B-2 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FEIR § 4.7; FEIR Volume II, Appendix G, Biological Resources Technical Report.
6.8 AESTHETICS
A. Environmental Impact: The proposed project includes grading and cut and fill that
would permanently alter the land form and topography over the majority of the project site. As
discussed in Section 4.8 of the FEIR, any adverse impacts from the project to landform and
topography will be mitigated to below a level of significance through the implementation of the
Project Design Features and Standard Conditions contained in the FEIR.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding aesthetics to below
a level of significance.
Public Resources Code § 21081(a)(1), Guidelines §§ 15091(a)(1), 15163(e).
Facts in Support of Finding:
a. Because the project site is set back from Santa Ana Canyon Road, it is minimally visible
from Santa Ana Canyon Road and not visible from SR-91, both of which are designated as
scenic corridors and are considered public viewsheds. Although the landform changes
proposed to accommodate the proposed project would alter the existing condition, the
ridgelines on the project site would be preserved and maintained. Further, the proposed
grades are similar to the existing grades and the use of grading techniques such as
terracing would minimize impacts to landform alteration. As a result, landform impacts
would be less than significant.
F\Environmentallstonegale EIR\Fineings-0125g5.D0C 21 Findings o(Fact and
Statemenl of Overriding Considerations
Deer Canyon Estates
The proposed project would introduce new light and glare sources ih an area that is
currently undeveloped and does not generate any light and glare. The project would
generate light sources that are typically associated with residential uses. All proposed
lighting would be shielded or directed downwards to minimize Tight and glare spillover.
Proposed street lighting would consist of downcast luminaries, shielded and oriented in a
manner that would minimize light spillage or glare off of the project site.. Monument signage
is proposed and would include low-wattage lighting, directed toward the sign so as to
minimize off-site residual light and glare effects.
c. The landform changes resulting from the proposed project and cumulative projects would
result in alterations to the existing topography. The proposed project, as well as the
foreseeable cumulative projects, would be required to comply with the applicable state and
local requirements, including, but not limited to the Uniform Building Code and the Grading
Code (City of Anaheim Title 17-Land Development and Resources). As such, the project
specific impacts related to topography and landform modification, as well as the impacts
associated with other projects, would be reduced to a less than significant level.
Mitigation Measures: Project Design Feature PDF A-1, and Standard Conditions SC A-1
through SC A-3 are incorporated herein by reference as though fully set forth and shall be
conditions of project approval.
Reference: FSEIR § 4.8; City of Anaheim Title 17 -Land Development and Resources.
6.9 CULTURAL RESOURCES
A. Environmental Impact: On-site and off-site grading and excavation activities could
impact unknown paleontological resources which would be considered significant.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding cultural resources to
below a level of significance. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
Cumulative impacts to cultural resources will be below a level of significance after mitigation.
Facts in Support of Finding: The proposed project has no previously recorded sites, and
there are no known paleontological, or prehistoric/historic archaeological sites within the project
area. However, the presence of known sedimentary units of Late Miocene age indicate that
there is a potential for unidentified, significant paleontological resources within the study area.
As a result, earthmoving and excavation activities could potentially impact these resources,
which would be considered a significant impact. Implementation of mitigation measures and
Standard Conditions would satisfactorily mitigate the potential for disturbing unidentified
significant archaeological and paleontological resources or unique geological features.
Mitigation Measures: Standard Conditions SC C- 1 and SC C-2, and Mitigation Measures MM
C-1 through MM C-3 are incorporated herein by reference as though fully set forth and shall be
conditions of project approval
Reference: FEIR § 4.9; FEIR Volume II Appendix H, Cultural Resources Report
B. Environmental Impact: On-site and off-site grading and excavation activities could
impact unknown human remains, including those interred outside of formal cemeteries which
would be considered significant.
F:\EnNronmenlaRS\one8ate EIR1FIntlings-012ae5.DOC 22 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding cultural resources to
below a level of significance. Cumulative impacts to cultural resources will be below a level of
significance before mitigation.
Facts in Support of Finding: Although no known human remains have been previously
identified and no formal cemeteries are located within the project site or adjacent areas, there is
a slight potential that grading and excavation activities could potentially impact an unrecorded
burial site. If such an impact were to occur, it would be considered significant. Implementation
of Standard Condition SC C-3 identified below would mitigate the potential for disturbing
unknown human remains.
Mitigation Measures: Standard Condition SC C-3 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FEIR § 4.9; FEIR Volume II Appendix H, Cultural Resources Report, Public
Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
6.10 RECREATION
A. Environmental Impact: The project site is located within a designated "Park Deficiency
Area" as indicated in Existing Conditions of the EIR. As previously noted, a Park Deficiency
Area is an area that, "due to population pressures and limited park opportunities, are
underserved by recreational facilities." The Green Element further identifies the City's current
standard parkland to resident ratio as two acres of parkland per 1,000 residents.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding recreation to below
a level of significance.
Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
Facts in Support of Finding: The Deer Canyon Estates project is anticipated to create a
population of 116 people, thereby requiring an additional 0.24 acre of public parkland within the
City limits. The project's generated demand for 0.24 acre of public parkland represents a
significant impact related to land use which would be reduced fo a less than significant through
payment of in-lieu fees.
Mitigation Measures: Project Design Features PDF P-1 and P-2 and Standard Condition SC
P-1 are incorporated herein by reference as though fully set forth and shall be conditions of
project approval.
Reference: FSEIR § 4.9; 2004 City of Anaheim General Plan Green Element.
fi.11 PUBLIC SERVICES AND UTILITIES
A. Environmental Impact: Fire Protection.. The proposed Deer Canyon Estates
residential development project would result in an increased demand for fire protection services
in the form of increased medical-aid demands and increased potential for fire in the "special
protection area" of the City. The project site is within a designated Special Protection Area;
therefore, potential fire hazards are a concern associated with the vegetation surrounding the
proposed .project. Potential fire risks include engine sparks, cigarettes, and/or arson. The
proposed project involves the retention of open space that would surround the proposed
F:\Envimnmenlallslonegale EIR\Fintlings~012505.000 23 Findings of Facf and
Statement of Overriding Considerations
Deer Canvon Estates
residential uses subjecting the development to the threat of fire. Fire emanating from the project
site or surrounding undeveloped areas could spread to developed areas of the project and
development adjacent to the project, threatening the health and safety of residents. This
condition would be considered a potentially significant impact without implementatidt of
appropriate fire protection measures.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding fire protection to
below a level of significance. The project will not cause any significant direct impacts regarding
fire protection services after mitigation and will not cause any significant cumulative impacts
before mitigation.
Facts in Support of Finding: Project residents .and structures would be exposed to potential
wildland fires. However, with the implementation of fire protection features as part of the
project, including an extensive fuel modification plan and sprinkler system, the risk of loss, injury
or death as a result of wildland fires would be less than significant.
Mitigation Measures: Project Design Feature PDF PSU-1 and Standard Conditions SC PSU-1
and PSU-2 are incorporated herein by reference as though fully set forth and shall be conditions
of project approval.
Reference: FSEIR § 4.11.1, Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
B. Environmental Impact: Police Protection. As discussed in Section 4.11.2, there are no
anticipated impacts to Police services.
Finding: Impacts related to Police Protection are less than significant.
Facts in Support of Finding: The FEIR discusses impacts regarding police services in
Section 4.11.2. The FEIR determined that the project will cause no significant impacts
regarding police services.
Mitigation Measures: No mitigation is required
Reference: FSEIR § 4.11.2
C. Environmental Impact: Schools. According to Orange'Unified School District (OUSD),
schools are projected to be at or beyond capacity district-wide. However, according to
generation rates provided by OUSD, the proposed project would generate a total of twenty
students. This impact would not generate enough students to exceed the capacities of the three
schools which would serve the project. Therefore, the proposed project would not result in an
exceedance of existing capacity of schools.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding schools to below a
level of significance. The project will not cause any significant direct impacts regarding schools
after mitigation and will not cause any significant cumulative impacts before mitigation.
Facts in Support of Finding: Orange Unified School District adopted its School Facilities
Needs Analysis (SFNA) in January 2004 and the new developer fees are $3.89 per square foot.
The project applicant will comply with these requirements via Standard Condition of Approval
SC PSU-2.
F:{EnWronmenlal~slonegale EIR1FNdIngs01250i~OC 24 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
Mitigation Measures: Standard Condition SC PSU-2 is incorporated herein by reference as
though fully set forth and shall be a condition of project approval.
Reference: FSEIR § 4.11.3, Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1);
D. Environmental Impact: Water Service. The project needs to have at least two-points
of connection to the existing water system due to the number of units proposed, the potential for
fire hazard, and to provide water source reliability and redundancy (David Allen, City of
Anaheim, March 15, 2004). This plan includes water demand projections at ultimate
development on a citywide basis based on land uses identified in the City of Anaheim General
Plan. Because the proposed project would require a General Plan Amendment that would limit
the maximum number of homes on the project site to 35, which is the same number of homes
projected in the Urban Water Management Plan (UWMP), the anticipated demand for water
services for the project site would be the same as that projected in the UWMP. Therefore, from
a water supply perspective, the demands of the proposed project have been accounted for in
the UWMP, and no significant impacts would occur.
Finding: Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effects regarding water services to
be{ow a level of significance. The project will not cause any significant direct impacts regarding
water services after mitigation and will not cause any significant cumulative impacts after
mitigation.
Facts in Support of Finding: The proposed project site is located within the East Santa Ana
Canyon Transmission and Terminal Storage area.. Therefore, an assessment fee would be
required to pay the proportionate share of the water improvements, in accordance with Rule
15C of the Anaheim Public Utilities Department Water Rates, Rules, and Regulations.
Therefore, with the payment of the assessment fee, SC PSU-3 the proposed project would not
have significant impact on water facilities. In addition, despite the fact that there is adequate
water supply for the project, the City of Anaheim requires that the project comply with the
SC PSU-3, SC PSU-4, and SC PSU-5 related to water supplies and facilities.
Mitigation Measures: Standard Conditions SC PSU-2 through SC PSU-5 are incorporated
herein by :reference as though fully set forth and shall be conditions of project approval.
Reference: FSEIR § 4.11.4, Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1).
E. Environmental Impact: Electricity. Natural Gas. Wastewater. Solid Waste. Telephone
and Television Reception. As discussed in Section 4.11, there are no anticipated impacts to
electricity, natural gas, wastewater, solid waste, and telephone and television reception.
Finding: The FEIR found that impacts to electricity, natural gas, wastewater, solid waste,
telephone and television reception are less than significant.
Facts in Support of Finding The FEIR discusses impacts regarding electricity, natural gas,
wastewater, solid waste, and telephone and television reception in Section 4.11. The .FEIR
determined that the project will cause no significant impacts regarding electricity, natural gas,
wastewater, solid waste, and telephone and television reception.
Mitigation Measures: No mitigation is required.
Reference: FSEIR § 4.11
F1Environnren1aR51onegale EIR\Findings-012505.e0C 25 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
SECTION 7.p FINDINGS REGARDING ALTERNATIVES
Because the proposed project will cause unavoidable significant environmental effects related to
air quality, the City must consider the feasibility of any environmentally superior alternatives to
the proposed project, evaluating whether these alternatives could avoid or substantially lessen
the unavoidable significant environmental effects while achieving most of the objectives of the
proposed project. As described in Section 3.5 of the FEIR, the underlying purpose of the
proposed project is to implement the objectives of the proposed project as identified below.
1) Construct a residential community comprised primarily of larger-lot single-family
detached homes which can be clustered and generate sufficient revenue in order to
acquire and preserve surrounding California coastal sage scrub habitat.
2) Develop a quality single-family housing development that is compatible with the
adjacent residential uses.
3) Reinforce the neighborhood identity of a unique and environmentally sensitive
residential hillside community through control of project design elements such as
contour grading, architecture, landscaping, color, paving, walls, fencing, signage,
entry treatment, and roadway design.
4) Provide additional housing to meet a portion of the City of Anaheim's Regional
Housing Allocation Model (RHAM) requirements.
The alternatives presented in the FEIR constitute a reasonable range of alternatives necessary
to permit a reasoned choice among the options available to the City and/or the project
proponent. Based upon the administrative record for the project, the City makes the following
findings concerning the alternatives to the proposed project.
7.1 ALTERNATIVES CONSIDERED AND ELIMINATED
CEQA Guidelines §15126.6(c) indicates that an EIR should identify any alternakives that were
considered by the lead agency but were rejected as infeasible during the scoping process and
briefly explain the reasons underlying the determination. Among the factors that may be used to
eliminate alternatives from detailed consideration in an EIR are: (1) failure to meet most of the
basic project objectives; (2) infeasibility; or (3) inability to avoid significant environmental
impacts. The alternatives listed below were considered to varying degrees during the project
development process.
Alternative A - The applicant submitted Pre-File Application No. 2000-04 on
February 22, 2000. At that time, the project included a 32.3-acre site owned by Stonegate
Development Co., approximately 28 acres owned by Mr. and Mrs. John Waddell, and
approximately 6 acres owned by Mr. Manoranjan Dutt. The 6 acres owned by Mr. Dutt consist
of the eastern-most portion of a larger property owned by Mr. Dutt (for a total of 66.3 acres).
The eastern portion of his property was included as part of this site plan; the western portion is
developed with asingle-family residence with access from Eucalyptus Drive. Alternative A was
proposed to include 79 single-family lots, a commercial lot for a restaurant and banquet facility,
and associated detention basin, open space, roads, and landscaped areas. The design
reflected full build-out of the Stonegate and Waddell parcels, and full build-out of only the
easternmost 6 acres of the Dutt property. The project would have gained access from the east
via Festival Drive, through the SCE Co. utility easement and Marriott .Hotel property. This
alternative was eliminated from further consideration when it was determined that access via the
proposed route could not be secured.
F:1Environmen1aR51onegale EIR1Fintlings-012505.DDC 26 Findings of Fact and
Statement o/Overriding Considerations
Deer Canvon Esfafes
Alternative B - On March 21, 2002, the project applicant submitted Pre-File Application No.
2002-00028. The project was the same as Alternative A (i.e., 79 single-family lots and a
commercial lot for the restaurant/banquet facility on property owned by Stonegate, Waddell, and
Dutt), but with access through the Waddell property east of Deer Canyon Road rather than via -
Festival Drive. This alternative was eliminated from further consideration when the Waddell
property owners decided to proceed independently of the residential development. A Draft EIR
for the Waddell project (i.e., Canyon Hills Manor) was released for public review on June 22,
2004, and is discussed in Table 4.0-1, Study Area Cumulative Development Projects, in Section
4.03.2.
Alternative C - On May 6, 2002, the project applicant submitted Pre-File Application No. 2002-
00034. Because the Waddell project was being processed independently, Altemative C did not
include the commercial lots for the restaurant/banquet facility, or have access via the Waddell
parcel. Rather, Alternative C included a residential component, consisting of a residential
subdivision on the 32.3-acre Stonegate property, as well as the eastern 6-acre parcel owned by
Mr. Dutt. The number of residential units proposed on the Stonegate and Dutt parcels had not
yet been determined. In addition, a portion of Stonegate's property was proposed as mitigation
for impacts that had already occurred on another adjoining property owned by the Canyon in the
Hills Church. To compensate Stonegate for the mitigation site, the Canyon in the Hills Church
agreed to grant access for the entire project along Deer Canyon Road. The project would also
include 11 single-family lots on the property owned by Canyon in the Hills Church. The project
would have filled the streambed located west of Deer Canyon Road to construct pads for
residential lots and for an :access road.
Subsequent to consultation with the U. S. Fish and Wildlife Service (USFWS), U.S. Army Corps
of Engineers (ACOE), California Department of Fish and Game (CDFG), and Regional Water
Quality Control Board (RWOCB), the applicant was strongly advised to avoid impacts to the
streambed located west of Deer Canyon Road and associated wetland habitat. At the same
time, the City of Anaheim Fire Department indicated that because the project is located in a
Special Protection Area, where there is a moderate- to high-risk of fire, the project would need
to comply with the Fuel Modification Program. As a result, this alternative was eliminated from
further consideration so that the project could be redesigned to be more environmentally
sensitive, while also incorporating fuel modification zones into the design and accomplish this
onsite.
Additionally, the Canyon in the Hills Church sold the property to Calvary Chapel which decided
to proceed with its project independently of the residential development. The church project is
currently on hold, and is discussed in Table 4.0-1, Study Area Cumulative Development
Projects, in Section 4.03.2.
Alternative D -The project applicant submitted Tentative Tract Map Application No. 16440 on
September 30, 2002. Because the church project was being processed independently,
Alternative D did not include the 11 lots proposed for church related uses. Rather, Alternative D
included 61 single-family units on the 32.3-acre Stonegate property, as well as the eastern 6-
acre parcel owned by Mr. Dutt, and a mitigation site on the Stonegate property for impacts of
another project on the church property (now owned by Calvary Chapel and not Canyon in the
Hills Church). However, in their review of this site plan, City of Anaheim staff expressed the
following concerns: (1) the residential density exceeded the current General Plan density of 1.5
dwelling units per acre, and that there was not sufficient justification to support redesignation of
the site for a higher density; (2) the project's conceptual grading plan would not comply with the
City's General Plan policy of keeping grading "to the absolute minimum, with development
following the natural contours of the land, and prohibited in steep slope areas;" and (3) the
length and height of the retaining walls would have a negative aesthetic impact; as a result, staff
F:\EnWronmeolallslonegale Elft\Fintling5~012505.000 27 Findings of Factand
Statement o/Overriding Considerations
Deer Canyon Estates Development
would not support the proposed retaining walls which should be deleted from the project. As a
result, the City requested that the applicant decrease the overall unit densities to conform to
these General Plan goals and policies, change the conceptual grading plan to comply with
General Plan policies, and delete the retaining wall. After several months of discussioris,~ the
applicant agreed to reduce the density by 10 units, and to redesign the project to meet the other
City concerns.
Alternative E -The project applicant submitted Pre-File Application No. 2003-00076 on August
11, 2003. In order to address the City's comments discussed above, Alternative E included a
tiered design so that grading could be minimized. In addition, the large retaining wall located on
the western edge of the development and on the east side of Deer Canyon Road, included with
Alternative D, was replaced with a smaller, plantable Loffel-type wall. Alternative E included
51 single-family units on the 32.3-acre Stonegate property, as well as the eastern 6-acre parcel
owned by Mr. Dutt, and the mitigation site on Stonegate property for Calvary Chapel. However,
at that time, Mr. Dutt was not in accord with Stonegate's design and mitigation strategy.
Thereafter, Mr. Dutt elected to move his entitlements forward independent of this project, and
this alternative was eliminated from further consideration. The Dutt project is currently on hold,
as discussed in Table 4.0-1 in Section 4.03.2.
The revisions to Alternative E resulted in the currently proposed project, as described in
Section 3, Project Description. It was submitted as Tentative Tract Map Application No. 16440
on January 12, 2004. The project includes 35 single-family units, along with the major revisions
which occurred throughout the project history, as described above. With each filing, the
changes made to the site plan resulted in a more environmentally sensitive project. Further, the
proposed project has incorporated the input from the City of Anaheim Planning Department, City
of Anaheim Fire Department, USFWS, ACOE, CDFG, and RWOCB.
Offsite Location -The Deer Canyon Estates project would contribute 35 single-family homes
to the City's housing stock, thereby helping the City to meet its RHNA housing allocation in its
"Moderate" or "Upper" income group. The potentially available vacant properties in the
immediate vicinity of the proposed project (i.e., those properties owned by Waddell, Calvary
Chapel, and Dutt) are all in the entitlement process and/or CEQA environmental process. As a
result, they are unavailable for purchase as an alternative site for the proposed project. The
only other large area of vacant land is the Mountain Park Specific Plan site, located on either
side of State Route 241, near the eastern border of the City of Anaheim. This area is also
entitled and in the CEQA environmental process for project revisions. Any off-site locations
outside of the City would not assist the City in meeting its housing allocation requirements. As a
result, there are no off-site locations available for the proposed project, which would still allow
the City of Anaheim to meet its housing allocation.
7.2 ALTERNATIVES TO REDUCE AIR QUALITY IMPACTS
CEQA requires that alternatives to the project be presented and evaluated that eliminate or
lessen any significant project impacts associated with project implementation. Because there
are unmitigated air quality impacts (NOx emissions) associated with construction of the
proposed project, alternatives to the proposed project that would reduce these impacts were
considered. The air quality impacts are due to high projections of NOx (oxides of nitrogen)
emissions during construction. (Refer to EIR Table 4.5-6 Maximum Daily Construction
.Emissions .after Implementation of Rules 402 and 403). NOx emissions are projected to be
approximately 5.3 times the AQMD threshold level.
Increase Length of Construction: One way to reduce the emissions is by increasing the
length of construction and lowering the amount of equipment hours of operation on a daily
FiEnvimnmenlal~sloneBale EIR~Fintlings-012505.000 2B Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Esfafes Development
basis. To accomplish this goal, the construction schedule would have to be lengthened by over
5-1/3Z times, from three months to over 17 months. This was :not deemed to be a feasible
strategy as it would expose the surrounding residents to prolonged construction impacts.
Although not significant, construction impacts can be viewed as a nuisance to adjacent uses if
prolonged.
Reduce Amount of Grading: An additional way to reduce air quality impacts is to reduce the
amount of grading required for project development. To eliminate the significance of the impact
the project would have to reduce the grading by approximately 83 percent. This would equate
to 78,180 CY of earth moved, rather than the proposed 430,000 CY. Due to the topography on
the site, it is not feasible to develop the required access and road requirements, even with many
fewer units and limiting the grading to less than 78,180 CY.
Balanced Grading: A further means of minimizing NOx emissions is to balance the grading
onsite, which would eliminate the trucks carrying the excess dirt offsite. The primary reason that
a balanced approach is not possible relates to the City's maximum street grade of 10%. It is not
possible to raise the proposed pads any higher to reduce the cut quantity when constrained by
this maximum street grade and accomplish this without exporting dirt. An additional hindrance
on the site is that there are no significant canyons that require filling, which could otherwise be
used for soil placement to reduce or eliminate the need for soil export.
7.3 ALTERNATIVE 1 - NO PROJECT/NO ACTION
Description: The No Project/No Action Alternative assumes that no development would occur
on the 32.3-acre site, and that the site would remain in its existing condition requiring acquisition
for passive open space or conservation. The existing on-site condition is undeveloped, with the
exception of a 96-inch storm drain below Deer Canyon Road, an existing maintenance road..
Finding: The City finds that specific economic, legal, social, technological, or other
considerations, including considerations for the provision of employment opportunities for highly
trained workers, make the no project alternative infeasible. (Public Resources Code
§ 21081 (a)(3), Guidelines § 15091{a)(3)).
Facts in Support of Finding:
a. No modifications to the site's topography associated with grading activities would occur and,
therefore, the aesthetics associated with the site would remain the same. No changes to
hydrology, drainage conditions, or water quality would occur. The increases in traffic, air
emissions, noise, the increased demand to public services and utilities with the proposed
project, and potential impacts to cultural resources would be avoided. Impacts to 19 acres
of coastal sage scrub (CSS) would be avoided, as would impacts to the coastal California
gnatcatcher, which lives in habitat on site. Although the following impacts would be
mitigated with the project, they would be avoided entirely with this alternative: (1) the loss of
foraging and breeding habitat that may be suitable for several raptor species; (2) secondary
impacts such as noise, lighting, and increased human intrusion; (3) impact ACOE and
CDFG jurisdictional areas/wetlands/waters of the U.S.; (4) development of an area
designated as an "Existing Use" area by the Central/Coastal NCCP, which may conflict with
the goals of the NCCP.
z The time required would be greater than 5 -one-third times the proposed construction schedule as
efficiency would decrease with many more set-up and closes each day.
F9Envimnmentall5lonegale EIR\FlnGings~°12505.DOC 29 Findings of Facf and
Statement of Overriding Considerations
Deer Canyon Estates Development
Of the project's four EIR objectives, the no
objectives. The four project objectives would
project alternative fails to meet this objective.
any development on the project site.
project alternative would fail to meet all four
fail to be met for the following .reason. The no
The no project objective would not allow for
Reference: FEIR §§ 3.5, and 5.3.
7.4 ALTERNATIVE 2 -EXISTING LAND USE AND ZONING
Description: As discussed above in Section 5.3.1, the No Project alternative usually evaluates
the property in its existing state, and with the continuation of the existing plan. The Existing
Land Use and Zoning Alternative is the second of the No Project alternatives, and assumes that
future development of the site would occur under the existing land use development
assumptions established by the City of Anaheim General Plan and Zoning Ordinance. As
discussed earlier in Section 3, Project Description, and shown in Exhibit 4.1-2, Existing General
Plan Designations, the existing land use designations for the project site include 23.7 .acres of
Hillside Estate Density and 8.6 acres of Open Space. Exhibit 4.1-3, Existing Zoning, shows the
existing zoning is Transition (T) Zone with a Scenic Corridor Overlay Zone (SC) covering the
entire property. The definitions of the land use and zoning of the site are listed below.
General Plan Land Use Designations
Hillside Estate Density -According to the General Plan, typical development consists of
single-family residences having 22,000 to 43,000 square foot lots. The permitted density
range is from zero up to 1.5 dwelling units per gross acre.
Open Space -The General Plan states that the Open Space designation includes those
areas intended to remain in natural open space, utility easements that will provide
recreational and trail access to Anaheim's residents, heavily landscaped freeway remnant
parcels, and land areas surrounding major water features.
Zoning Ordinance
Transition (T) -According to the Anaheim Municipal Code §18.14.020, this zone "is to
provide for a zone to include land that is used for agricultural uses, in a transitory or interim
use, restricted to limited uses because of special conditions, ..."
Scenic Corridor Overlay Zone (SC) - As described in the Anaheim Municipal Code
§18.84.010, the Scenic Corridor Overlay Zone is intended to provide for and promote orderly
growth in certain areas of the Gity designated as being of distinctive, scenic importance,
while implementing local governmental agency actions for the protection, preservation, and
enhancement of the unique and natural scenic assets of these areas as a valuable resource
to the community.
Although the existing General Plan land use designation for the property would allow
1.5 dwelling units per acre (a total of 35 units), the T Zone would restrict residential
development to 1 unit per 43,000 square feet, for a total of 32 units.
Finding: With the exception of the no project alternative, which is discussed above, the
alternatives analyzed in the EIR would not reduce or eliminate the significant adverse impact of
the project on air quality. The City also finds that specific economic, legal, social, technological,
or other considerations are infeasible.
F1EnvironmenlaRSlanegale EIR1Fintlings-0125e5.DOC 30 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
Facts in Support of Finding:
a. As discussed in Sections 5 of the EIR, none of the alternatives analyzed would eliminate or
reduce the significant impact the project will have on air quality. As such, none of those----
alternatives is environmentally superior to the project.
b. Alternative 2 would result in more impacts than the proposed project. Because development
would not be located in the center of the property, environmental impacts would odour in
different areas of the project site including closer to the residential development along South
Eucalyptus Drive in a biologically sensitive area. This is due to the fact that an open space
general plan designation runs through the middle of the project site which would force
development to either side of the property.
c. The alternative is less able to meet the second project objective, which is to develop a
single-family housing development that is compatible with the adjacent residential uses.
Lastly, the Existing Land Use and Zoning Alternative would not meet resource agency
requirements to avoid biologically sensitive areas.
Reference: FEIR §§ 5.0, Public Resources Code § 21081(a)(3), Guidelines § 15091(a)(3).
7.5 ALTERNATIVE 3 -DEVELOPMENT INCLUDING ADJOINING DUTT PARCEL
Description: Alternative 3 assumes the development of 44 single-family units on the 32.3-acre.
property owned by Stonegate, in addition to approximately 6 acres owned by Mr. Dutt located
adjacent to and south of the proposed project. This alternative was submitted to the City on
August 11, 2003 as Pre-File Application No. 2003-00076. However, this plan is being evaluated
as it is an alternative to the project that would result in a coordinated effort for the development
of both sites. Alternative 3 further assumes that the property would be developed with the
General Plan land use designations Hillside Low Density and Open Space. However, Mr. Dutt
has elected to proceed independently with entitlements for his property only.
Finding: The alternative analyzed would not reduce or eliminate the significant adverse impact
of the project on air quality. The City also finds that specific economic, legal, social,
technological, or other considerations infeasible.
Facts in Support of Finding: -
a. This alternative would result in existing residents living closer to the new development. As a
result, existing residents to the west and southeast would perceive this alternative to be a
more intrusive development than the proposed project. However, the benefit of this
alternative would be to process the two projects together and eliminate potential conflicts,
while maximizing the appropriate placement of units as well as open space.
There would be more units developed under Alternative 3; however, the number would be
proportional to the acreage of land within the project development. As a result, the impacts
associated with the other environmental issues would all be slightly greater, but proportional
to the project size. Merging the two projects would not increase the impacts associated if
both move forward, but, rather, provide an opportunity to place development in a manner
that preserves the most pristine biological habitat and buffers the project from adjacent uses
in the .most appropriate, and sensitive manner.
c. Alternative 3, the Development with Adjoining Dutt Parcel Alternative, would result in greater
impacts than the proposed project. Because development would be expanded to the south,
F?Environmenlallsionegale EIR\Fintlings~012505~DOC 31 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
environmental impacts would occur over a larger physical area, and more environmental
impacts would occur when compared to the proposed project. However, the impacts would
be similar in degree to the proposed project, while also providing more residences than the
proposed project. Assuming both projects move forward, the coordinated planning of the
two project sites would likely result in a better overall project with the ability to be more
sensitive to compatibility and biological issues.
d. This project would meet all of the project objectives. It should be noted that this alternative
is very similar to Alternative E of the Alternatives Considered but Eliminated, which has been
eliminated based on Mr. Dutt withdrawing from the entitlement process. This alternative is
not considered feasible for the same reason.
Reference: FEIR § 5.0, Public Resources Code § 21081(a)(3), Guidelines § 15091(a)(3).
7.6 ENVIRONMENTALLY SUPERIOR ALTERNATIVE
Based on the alternatives evaluated in this section, Alternative 1, the No ProjecUNo Action
Alternative, has the fewest environmental impacts. However, as discussed in Section 5.1, if the
environmentally superior alternative is the No Project Alternative, then another alternative must
be identified. As a result, it has been determined that Alternative 2 is closer to adjacent uses
and would impact sensitive biological habitat which would not occur to the same extent with the
proposed project. Alternative 3 would have a larger impact area than the proposed project. In
addition, while the development area for Alternative 3 would be clustered within the center
portion of the project site, the project area includes the six acres to the south owned by Mr. Dutt,
and the impact area would be substantially expanded by the southern six acres. It should be
noted that the proposed project has been revised over many years as described in
Alternatives A through E and summarized in Section 5.2.7. Through this revision process, the
project has been redesigned to be more environmentally sensitive, avoiding many impacts
previously associated with the project. This has resulted in the proposed project being the
environmentally superior alternative.
SECTION 8.0 ENVIRONMENTAL ISSUES DETERMINED NOT TO BE
POTENTIALLY AFFECTED BY THE PROJECT
All environmental impact resource areas identified in the Initial Study and in CEQA
Appendix G -Checklist Form were analyzed in detail in the FEIR. Based on the project's Initial
Study and responses to the project's NOP, the City determined that the environmental analysis
in the Initial Study and documented in the EIR in Section 2.3 was sufficient to eliminate the
issues from further analysis. Those environmental issues include agriculture, geology and soils,
hazards and hazardous materials, groundwater recharge, land use regarding physically dividing
a community, mineral resources, noise related to vibration and airports, population and housing,
transportation related to air traffic patterns and parking capacity. The City determined that these
environmental issues would not warrant further consideration in the FEIR. No substantial
evidence has been presented to or identified by the City which would modify or otherwise alter
the City's less-than-significant determination for these environmental issues. Accordingly, the
FEIR summarizes this analysis in Section 2.3.
F:1Envvonmenlall5lonegale EIR\Fintlings-012505.pOC 32 Findings o(Fact and
Statement o/Overriding Considerations
Deer Canyon Estates Development
SECTION 9.0 FINDINGS REGARDING GROVIITH INDUCING IMPACTS
Guidelines Section 15126.2(d) requires that an EIR:
Discuss the ways in which the proposed project could foster
economic or population growth, or the construction of additional
housing, either directly or indirectly, in the surrounding
environment.
Growth Inducing Impacts: The development of the Deer Canyon Estates project would not
impose significant new burdens on adjacent land uses or induce substantial new unforeseeable
development in the area. As identified in EIR Section 4.1, Land Use and Related Planning
Programs, the project caps the development potential of the project site at 35 units which is
consistent with the number of allowable units on the project site assumed under existing land
use designations. Therefore, the project would not directly induce or cause significant growth in
the area. Although the project proposes to expand and improve infrastructure facilities, these
expansions and/or improvements would be site specific and would not induce additional growth
or provide additional capacity beyond that already included in the City's projections. As
indicated in Section 4.1, there is little land surrounding the project site that is currently
undeveloped, and what undeveloped land there is, is designated for future development
according to the current City of Anaheim General Plan; in addition, at least two separate plans
for development are currently being prepared. As the remaining land that surrounds the project
site is either already developed or designated as open space, additional growth resulting from
the proposed project is limited.
SECTION 10.0 FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE
ENVIRONMENTAL CHANGES
Guidelines Section 15126.2(c) indicates that:
uses of nonrenewable resources during the initial and continued phases of the
project may be irreversible since a large commitment of such resources makes
removal or nonuse thereafter unlikely.
The Guidelines also indicate that:
irretrievable commitments of resources should be evaluated to assure that such
current consumption is justified.
Environmental changes associated with the proposed developments would result in
approximately 430,000 cubic yards (cy) of cut and 280,000 cy of fill. Implementation of the
project would require the commitment and reduction of other nonrenewable and slowly
renewable resources including, but are not limited to: petrochemical construction material;
lumber; sand and gravel; asphalt; steel; copper; lead; .and other metals, etc. Other resources
associated with the project would be for the construction, heating, and cooling of proposed
uses; potable and non-potable water for food preparation, drinking, irrigation, etc.; transportation
of people and goods to and from the site; as well as lighting and other associated energy needs.
Development of the proposed project, in conjunction with the effects of past, other current and
probable future projects, would result in the permanent Toss of existing and potential biological
resources throughout the southern California region. The proposed project is located in an
"Existing Use" area of the NCCP/HCP. As such., cumulative impacts to the coastal California
F:\EnWronmenlallslonegale EIftlFintlings-Oi 2505.DOC 33 Findings of Fact and
Statement of Overriding Considerations
Deer Canyon Estates Development
gnatcatcher would be considered cumulatively significant. Incorporation of project design
features, standard conditions, and mitigation measures would reduce the impact to a less than
significant level.
SECTION 11.0 STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Public Resources Code Section 21081 (b) and the Guidelines Section-15093, the
City has balanced the benefits of the proposed project against unavoidable adverse impacts to
air quality associated with the proposed project and has adopted all feasible mitigation
measures with respect to impacts to air quality. The City also has examined alternatives to the
proposed project, none of which both meet the project objectives and is environmentally
preferable to the proposed project.
The City, after balancing the specific economic, legal, social, technological, and other benefits of
the proposed project, has determined that the unavoidable adverse environmental impacts
identified above may be considered "acceptable" due to the following specific considerations
which outweigh the unavoidable, adverse environmental impacts of the proposed project. Each
of the separate benefits of the proposed project, as stated herein, is determined to be, unto itself
and independent of the other project benefits, a basis for overriding all unavoidable adverse
environmental impacts identified in these Findings.
Development of the Hidden Hills Canvon Trail (North-South Trendin
As an element of the proposed project, the north-south trending trail (Hidden Canyon)
will be developed along the western edge of the residential development. The proposed
trail would be a Regional Trail and is included in the Orange County General Plan.
Therefore, this trail would be developed to County of Orange standards. Because the
proposed trail is an anticipated use within both the City of Anaheim and County of
Orange General Plans, no land use incompatibilities would occur. .Further, the trail
would be designed to complement the proposed residential development and would
serve to connect :land uses in the vicinity, including Deer Canyon Park.
This specific factor supports the decision to approve the project despite the significant
unavoidable impacts to air quality.
Reference: Orange County General Plan, 2004 City of Anaheim General Plan
2. Access to Deer Canvon Park
The Deer Canyon Park, located south of the project does not currently have any
vehicular access, although a parking lot and trail head have been built for that purpose.
This project would provide the majority of the access route between Santa Ana Canyon
and the entrance to Deer Canyon.
This specific factor supports the decision to approve the project despite the significant
unavoidable impacts to air quality.
Reference: 2004 City of Anaheim General Plan.
3. Preservation of Streambed and Wetland on Western Edae of Site
The Anaheim General Plan designates an open space corridor through the project. This
development preserves both the Open Space corridor as well as the streambed and
F:\EnvimnmenlaRSlonegale EIR\FinCings-012S~S.DOC 34 Findings o/Fact and
Statement o(Overriding Considerations
Deer Canvon Estates
associated wetlands onsite. As noted in the Biological Resources Technical Report
(Appendix G, Volume II of the EIR) and EIR Section 4.7, the resource agencies
(USFWS, CDFG, and RWOCB) have been adamant about preservation of those
resources. This project preserves the resources onsite.
This specific factor supports the decision to approve the project despite the significant
unavoidable impacts to air quality.
Reference: FEIR § 4.7; FEIR Appendix G, Volume II of the EIR and 2004 City of
Anaheim General Plan.
SECTION 12.0 CONCLUSION
For the foregoing reasons, the City of Anaheim concludes that the Deer Canyon Estates
development will allow the City to comply with the City's General Plan policies, as well preserve
wetland resources and provide access to recreational opportunities to residents, which outweigh
the temporary unavoidable air quality environmental impact. Therefore, the City of Anaheim has
adopted this Statement of Overriding Considerations.
F:IEnNmnmeNallslonegale EIRIFindings-012505.000 35 Findings o/Fact and
Statement of Overriding Conside2tions
ATTACHDIENT - ITEM N0. 3
DEER CANYON ESTATE DEVELOPMENT PROJECT:...........
DRAFT ENVIRONMENTAL IMPACT REPORT
SCH #2004021044
Volume III
Response to Comments
Prepared for:
City of Anaheim
200 South Anaheim Boulevard
Anaheim, California 92803
(714) 765-5100
Contact: Amy Vazquez
Prepared by:
BonTerra Consulting
151 Kalmus Drive, Suite E-200
Costa Mesa, California 92626
(714)444-9199
Contact: Joan Patronite Kelly, AICP
Managing Principal
April 6, 2005
Deer Can}ron Esfafes Development Project
TABLE OF CONTENTS
Commenter
Department of Transportation, District 12 (Caltrans) ........................................................
Southern California Association of Governments (SCAG) ................................................
City of Fullerton, Development Services Department .......................................................
Calvary Chapel of Yorba Linda ........................................................................................
Manny Dutt ......................................................................................................................
George R. Pulliam ...........................................................................................................
Jesse and Chris Villapando ..............................................................................................
Kiran Vohra ......................................................................................................................
California Regional Water Quality Control Board, Santa Ana Region ...............................
Note: The comment letter precedes the responses.
Page........
...........1
...........2
.....:..... 3
...........4
........... 5
........... 6
...........7
........... 8
9
awmJens~s~onegauoolwn:wise to commerce-oaosos aoc i Table o/Contents
03-17-2005 11:32am Pros- T-316 P 002/003 F-651
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DISTRICTI2
3J37 MICHELSON DRIVE
sutTE cJao
IRVtNE~CA 9?612-I ti99 F.~g Ynurpowrrl
PHONE (949)724.20W Br eRrryp edclen(~
March 10, 2005
Ms. Amy Vasquez IGR/CEQA
City of Anaheim SCH?±2004021044
Planning Department DEIR
200 South Anaheim Boulevard Logti1370A
Anahcim, CA 92805 SR-91
Dear Ms. Vasquez:
Subject: Deer Canyon Estatcs
Thank you for the opportuniry to review and comment on the draft Environmental Impact
Report (DEIR) for the Deer Canyon Estates project. The proposed project is the
development of 35 single-family residetrtial units and preservation of 13.4 acres of permanent
open space on the epproxitnate 32.3-acne project site. The project also proposes the development
of a north south Regional Tmil. The project site is located in the northeastern portion of Orangc
County in the City of Anaheim. Access to the site would be provided by Deer Canyon Road,
which intersaa with Santa Atta Canyon Road.
Caltrans District 12 is a reviewing agency and has the following comment:
1. On Pago 4.45 (Short-term unpack): The SR-91 freeway in the vicinity of the project site is
already heavily congested during the pcak hours of 6:00-9:00 A.'~l. and 3;00-6:00 P.M.
Every effort should be made not to disrupt the already wngested conditions any further. I[ is
recotnntrnded the[ the operation of the projec['s construction trucks on the freeway be
prohibited during the above stated peak hoots.
Please coatirme to keep us informed of projects that may impact our State Trattspottadon
Facilities. Ifyou have any questioas or commenk, please contact Lytme Goar (949) 724-2241.
Sincerely,
Ro ert F. losep C ef'
IGR/Communiry Planning
cc: Terri Pencocic, Headquarters
Tetty Robers, OPR
Isaac Alonzo-Rice,'I'raf&c Operanons
..r_.,trrm,;mp~,,._ nvt~4ry .rcras: Gsjo,vn
Dee~Canyon Estates Development Pmjecf
Department of Transportation, District 12 (Caltrans)
Response 1: As the project is only 35 units, the number of people on the project site during `
construction is not expected to exceed 25 on average which would result in
approximately 50 worker trips per day. Limiting travel during peak hourson the
SR-91 freeway is not feasible as the timing of construction is also limited by City
Ordinance to minimize noise impact to adjacent uses.
R:~Prvjogsl5~onegaU0o11Rasponse to Commems-0905e5.ooc 1 Response to Comments
03-I6-t006 02:63pa Prop-
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February 8, 2005
Ms. Amy Vazquez
Associate Planner
City of Anaheim Planning Department
200 S. Anaheim Boulevard, Suite 162
Anaheim, CA 92805
RE: SCAG Clearinghouse No.
Development Project
Dear Ms. Vazquez:
i-340 P OOB/OOA F-A3A
v
120050052 Deer Canyon Estates
Thank you for submittlng the peer Canyon Estates Development Project far
review and comment As areawfda clearinghouse for regionally significant
projects, SCAG reviews the consistency of local plans, projects and programs
with regional plans. This aotlvky is based on SCAG'a responsibilities as a
regional planning organization pursuant to state and federal laws and
regulations. Guklance provided by these reviews is intended to assist local
agencies and project sponsors to take actions that contribute to the attainment
o} regional goals and policies.
We have reviewed the pear Canyon Estates Development Projeet, std have
determined that the proposed Project is not regionally sign'rficant per SCAG
Intergovemmerttal Review (IGR) Criteria and Califomla Environmental Quality Ad
(CEQA) Guidelines (Sectlon 15206). The proposed project Is not a residentlel
development of more than 500 dwelling units. Therefore, the proposed Project
does not Wanant comments al this tune. Should (here be a change in the scope
of the proposed Project, we wnuid appreciate the opponunfty to review and
comment at that time.
A descdptlon of the proposed Project was published fn SCAG's January 16-31,
2~b intergovemmental'Raview Clea(Irghouse Ropart fur public for ravow aid
comment.
The project title and SCAG Cleadnghouse number should be used in all
correspondence with SGAG rbnceming this Project. Corespondence shoultl be
sent to the attention of the Cleadnghouse Coordinator. Ii you have any quesGOns,
please contact me at (213) 236.1887. Thank you.
11
Senior Rejlonal Planner
Intargovemmental Review
Deer Canyon Estates Development Project
Southern California Association of Governments (SCAG)
A statement was made that the project is not regionally significant per SCAG Intergovernmental
Review Criteria and CEQA Guidelines and therefore does not warrant comments from SCAG.
No response is necessary.
fl:\PmJepsl6loneBaU001\fleaponse to Comments-040605 Eoc
03-16-2005 02:66pa Frca- T-340 P 006/OOB F-B3A
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'..:, ~
Development Services Jepor*ment
February 10, 2005
City of Anaheim Planning Department
Attn: Amy Vazquez, Associate Planner
200 S. Anaheim ONd.
Anaheim, CA 92805
Subject: Review of Environmental Documents for the Deer Canyon Estates
Dear Ms. Vazquez:
The City of Fullerton has reviewed the Draft Environmental Impact Report for the above
mentioned project submitted by your agency Far our review and comment. The project
appears to have no significant environmental impacts to the City of Fullerton, and no
comments are tieing forwarded at this time.
Thank you for giving us the opportunity to review the documents and to comment on
potential issues that may affect the City of Fullerton. If you should have quesdons
regarding this response, please wll me at (714) 736.6884.
Sincere ,
(.CCS
Heather Sowers
Assistant Planner
C: Joel Rosen, AICP, Chief Planner
3G9 'PI?$ Cnnw r?ernr-eulrn n`: =_"bc ~~,de •'Cr. ^o-'crc;c :<8.72-~ 775
1-Tj i ~d-Gi:CO Fr.,: ; 7':j 7Y.. ~ .. :/SC SEc. +P.VW. CI. `11:12~YOf.pq
Deer Canyon Estates Development P/oject
City of Fullerton, Development Services Department
A Statement was made that the project will have no significant impacts on the City of Fullerton.- --
No response is necessary.
R'.1Pmjadal9onago1J0011Response to CommanisU<Ofi05 tloc
03-I7-2005 11:32aa Fraa-
CALVAICY CHAPEL OF YOR$A LINDA
3401 Fairmont Boalevard, Yorba Linda, CA 92686
Match 16, zoos
ant they
that wait
capon the
lard shall
renew tloev
steeagfh; thcy
shall mount
up with
wiags as
eagles; they
shall nta,
and not 6e
weary; arul
they ahaA
walk. and
not faint.
lu+iab 40.31
T-346 P 003/003 =-861
(714)777-?131
Plamdng Catnmision
City of Analmim
200 South Anaheml Blvd.
Anaheim, CA 92805
ilE: E1RS'CHNambar211M4!
Dees Canyon Fsaa Devdopmeat Project
Ladies amt Geadaarca:
1iw above teferCiCed El1Zis related to a project that is adjaccat to
property currmt(y owrod by Calvmy Chapcl Yorba Linda (CCYL}. As
we have dim seaeral prior oaasioas, CCYI. {mends to develop
the adjoittiog patcd oral has disar~al several plans wish staaff as to
impozimt aspxts of the adjotmng pasttls devdopmeat
to order to ~aorialiDe these disrausi~s, vre would Jibe m aa>b~t the
[allowing com>neaE oattbro above tefeaenced EIR:
1. The mad for tla Dee Sptiags pmjai bisoo<s ota pmpeny
in tncll to way that the allgtmxnt of thla road, $'s width and
speedo dessga mtp$tb dnady the nee a~ Site plan configmatmn
of.o3xpr: Seaffs~uldRquaeasamswli~of~rpmvalof
the DaaSprings project tbatwe bev4 agtoemmt with the
alignment, con5gmation and coavstxtian slxdBcatiws of this
access row.
2. Tim of 8ffile~l easesnem for tdlidess and maintenance
aretsa may ~ may nos be wincidrat wNh the actaal toad
improvensents These legal eat~cotrr should also ba sab]oct to
~ appaoral oral at itm tiara of the approval of the Dar
Sptmgs project ate w the mttatl ' P~+ cotnpramifw
should be gives to CCYL att>>m time far any developable lead bet
as a rasoit of Itm Deer Springs acaesa wad.
3. The ittll impact of the cost afthe !leer Springs pttllocr as street,
traffic and steam dtaitt impanvemmm slmatid Ira ou8med m titea
ap~oval and cost itttpaou to CCYL should be clarified upon their
~°~-
Your coaaidastinn oPour corms related w the approval of rite
Dcsr Sptitt8s Project uappradated. .
fir.
Y da
Chico Ho ' ,Pastor
Oeer Canyon Estates Development Project
Calvary Chapel of Yorba Linda
Response 1: The City has made the determination that Deer Canyon Road must connect with
Santa Ana Canyon Road across from the entrance to the storage facility for
minimal impact to through traffic and to maximize the benefit of the signal located
there. The route that Deer Canyon Road takes between Santa Ana Canyon and
the intersection point of the road onto the Deer Canyon project can be modified if
it meets the mutual needs of both projects and the City of Anaheim design and
safety criteria.
Response 2: The legal easement for utilities and maintenance access across the Calvary
Chapel of Yorba Linda (CCYL) property is to be dealt with by the two property
owners, subject to approval by the City.
Response 3: Improvement costs are not an environmental issue. However, please note that
each project will be held responsible for their own infrastructure improvements
and their fair share of area improvements.
R'1Pro~ecul5ionepm.lJaa9Response to Comman~s~W11605 tlac 4 Response to Comments
03-t6-1005 81:07pa fron-
~..
J
Amy Vazquez
T-340 f 00d/p06 f-638
From: Mannylmanny111@adelpnia.netl
Sent: Tuesday, `Aarch 15, ?CC5 1:37 AM
To: Amy V.arquez
Cc: Manny 111Qoadelphia.net
Subject: Draft EIR #329
h[arch ] 4, 200.1
From: ~4anny Dut[
~?3 S. Eucalyptus Drive
Anaheim, Ca, 93308
To: .array Vazquez,
Planning Department, City of Mahaim
300 S. Anaheim Boulevard,
Ansheim,Ce,928O5
Subject Stonegau Draft EIR :: 339 questions and concerns.
Dear Ms Vazquez,
I and other family members have the following questions abdut [he draft EIR.
1. I pre-filed a untadve tract map no. 14230 in Dec. 200. The city required that I use the road
through the Stonegate prope.ty for access to my property. The Draft EIR does not show the
easemcn[, I would need [o meet that requirement. I reques[ that [he city lmplemeat an equitable 1
method, such as third parry appraisal, for me ro acquire such an easemem and it be shown clearly
an the sits plan. j
2. Exhibit 5 of Yotice of Prepazation, dated ?16!2004 she
Acres. Exhibit 4.1-I of Draft EIRda[ed 1R4/2001 sh
Acres. When and how did a reduction of 1.9 Acres in
public hearing w that effect before a change occurzedl
Pulliam and Calvary chapel properties also? If yes, w
the same tune teo? Based on [hc open space of lU.i ~
be 33 units.
is the existing General Open Space a[ 10.3
vs the existing General Opea Space at 8.6
7eneral Open space occuf? Was there a
Was the General open space decreased for
/ was i[ not decreased for my property at
res, the theoretical cap on density should
The proposed open space in rho deaf[ EIR is 13,4 Acres. What ware the driving facwrs for this
increase? This is +1.5°io of the project site, but still below the figure of 46% far Lot3 of Tract : l 7.
which is immedauly to the south of the Project site. I request [hat % of open space for aifferent
properties in the area be kept at :he same number ro achieve uniformity of development. Based on
the 13.4 r#cres of open space and m:aldpher of 1.5, the ,:ap on the dwelling :anus should be ZS and
not 3:.
3!16r2U0
03-15-t005 02:07cm Pram-
T-3E0 P 005/ODB F-B38
~ `..--
~. The predecessors of Calvary Chapel property at some time in the past cleared their property of _
Coastal Saga scrub illegally and disturbed die gnatcatchers away. Before that point, a study done
by Stonegata indicated that there were no gnatcatchers on my property, Subsequent to the 4
cleazing, a pair is shown to visit my property's north east boundary in the EiR. I am afraid that
'flushing' of gnatcatchers during Stonegate's grading would send them all flying onto my
property. I request that stronger steps are taken to eruure that This does not happen.
5. The EIR mentions that a portion of the maintenance road will be used for Park public access.
Please clazify what portion and what improvements would be done to this road, 5
Please keep me informad of any public hearings on this project. Vly e-mail is:
Ddttnny.Ll lra,,adzlpltia,net
Sincerely,
Manny Dutt
31161?005
Oeer Canyon Estates Development Project
Manny Dutt
Response 1: The Deer Canyon Estates project has been designed to allow access to your
property. However, the cost of such easement is not an issue to be addressed in
an environmental document, nor is it appropriate for the Gity to dictate a
monetary value.
Response 2: In preparing the NOP, a General Plan map was used at a scale much less
refined than the map used for the EIR. This issue was looked at in depth to
ensure the correct acreage was accounted for in the project analysis. It was
correctly stated in the EIR at 8.6 acres.
Response 3: The required amount of dedicated open space for the Deer Canyon Estates
project is 8.6 acres, as currently exists in the General Plan. The project has
included additional acres to preserve the entire wetland area as requested by the
resource agencies and to provide a buffer around the project development area.
The calculation for the number of units is based on the number of developable
acres, not the acres of open space. The Estate Density allows 1.5 units per acre
on 23.7 project acres for 35 units. The owner is requesting a change to low
density development to allow for the type of development proposed, but keeping
a capon the number of units allowed to 35, as allowed under the current General
Plan designation.
Response 4: Grading of any site in the vicinity of your property can definitely result in birds
relocating to your property. To avoid this from taking place you can obtain a
permit (after surveying for gnatcatchers and other protected species) to mow
your property prior to grading for Deer Canyon. This should prevent the
dislocated birds from reestablishing on your property.
Response 5: If the City acquires an easement for public access south of the project site along
Deer Canyon Road (existing maintenance road), this road will be used as an
access road to Deer Canyon Park. The road would be brought to City standards;
however, the road improvements past or south of the Deer Canyon project are
not a part of this project and are not proposed at this time.
g1Pro~ada\SIOOa[JdUCe\1RaaPnnSa to Ccmments~040605 tloc 5 Response to Comments
D3-I6-2005 5t:97om Froa-
~ .~
ifs Amy Vazquez
Ciry of Anaham
Planning Denatanent
2UU S. Anaheim Boulevard
Anaheim, Gi 9?SU5
Concertting Deer Canyon Estares
Dear ifs Vazquez,
i-349 P 066/009 F639
I chick it is great the[ [hc llett Canyon Estztcs wi11 !cave about 1^ cuts as
unv>uchablt we[Iands. The housing den sny stems ymod also, bung btrta than the half atxe
per house chst it replaces.
I do havt some cnacems. Une relates cn traffic. I don't believe the mpacc
has beea anted properly. Pox example, Eucalyptus Dricc is nor shoran oa dteir maps of
cross recess. Although South Eucalypttu is a prh'ate road, North Euralypms is riot As
[here are probably mote homes with North $ucalyptus Drive as an exit from Sanw Ana
Canyon Road than there ue planned for dae "Dear Canyon Road", 1 don't see how the
ixrpsct on North and Soudt Eucalyptus Drive can be iymored.
As for [hat traffic impact, it is d:f6cu1[ now to acctss the Santa Ana Canyon
Road (SAGA) tram Eucalyptus Dm<e because of the amouat of high speed rnffic on SC_~1R.
The introduction of a traffic light at SCAR and "Deu Canyon Road" would only eaacesbate
this problem. I can foresee continuous gridlock ut the Eucalyptus llrive -SCAR during
peak ttaffic hours. (That is w say anytime rycepc Sunday morning ac 2:OOAi`f.}
My second concern relaxes co possible changes at the current SG1R - "Deer
Canyon Road". I would lilsE to see specifus before I could feel cumfortabk about the 2
changes. Thre is a ~ (- 250 year old) Oak ace aeu that iaursecrion. You will mall
that this is the azea where were iilegslly cut down and are the muse For tnitigadon. I hope
the piam do nor include cutting dtis ttec down.
Finally, I fnr that these developmems mill intrnse pressure oa us ro give as
tasemenc for "Deer Canyon Road" co ba a public Road aaoss our pmperry. We will resist 3
this to the limits of our ability. We have ro plans, nor do we wish, w develop our propzrcy.
Respec[fully,
J/` p(~ ~ r
,LJV ~'J
C~enrge R. Pulliam a-mail: GeorgeRtlliamra~aol.com
3;2 South EucaJcpnu Drive
Aaa:~eim, (_:.4 %2808-131?
Deer Canyon Esfales Development Project
George R. Pulliam
Response 1: The study intersections for the traffic impact analysis were chosen based on
input provided by City of Anaheim Traffic Engineering Staff and typically include
roadway intersections of Collector classification and above, as well as ,project
access intersections, which would not include the intersection of .Eucalyptus and
Santa Ana Canyon Road. Nonetheless, the proposed Deer Canyon Estates
project is forecast to generate only 16 AM peak hour trips and 21 PM peak hour
trips through the Eucalyptus and Santa Ana Canyon Road intersection on Santa
Ana Canyon Road, which will not significantly impact the operation of the
intersection. In addition, it is our finding that the proposed traffic signal at the
Deer Canyon .Estates access on Santa Ana Canyon Road will not create vehicle
queuing that will affect the intersection of Eucalyptus and Santa Ana Canyon
Road. In fact, the proposed signal will create vehicle gaps along Santa Ana
Canyon Road near Eucalyptus, such that turning movements may be facilitated
to and from Santa Ana Canyon Road.
Response 2: The oak tree is not in the path of the current street alignment; however, the tree
is not on the Deer Canyon Estates property.
Response 3: The issue of an easement on Deer Canyon Road for public access is not a part
of this project. The City acknowledges and understands your position on this
issue.
R:1Pm~atlalSlonagaU~Otlgespansem Cammeme~04Ce0a.tloc 6 Response fo Comments
03-16-2005 02:OTpm Fram-
Amv Vazquez
T-340 P 00T/008 F-B30
From: Antonio Vasquez
Sent: Monday, February 28, 2005 rO:O1 AM
To: Amy Vazquez -
Subject: FW: peer Cyn Estates
From: Villalpando, Chrlsdna ~ GPM rmailtn•Christina Villaloandnragraenmintrnmf
Sent Monday, February 28, 2005 8:08 AM
Ta: Antonio Vasquez
Su6Ject: Deer Cyn FS[ares
Dear Amy,
My husband & f are concerned about the Deer Cyn Estates development due to increased traffic. It is already difficult to 1
get in & out of the area and stores and restaurants are so crowded. I would feel beker about it If there were another route
in & aut (perhaps the toll road could he accessed?)
Thanks for I(stening to our concerns.
Sincerely,
Jesse 8 Chns Vlllaipando
East Hills residents
Deer Canyon Estates Development Project
Jesse and Chris Villapando
Response 1: The City appreciates your concern for traffic on Santa Ana Canyon Road. The°
proposed Deer Canyon Estates project is forecast to generate only 16 AM peak
hour trips and 21 PM peak hour trips through the Eucalyptus and Santa Ana
Canyon Road intersection on Santa Ana Canyon Road, which will not
significantly impact the operation of the intersection, nor will it add an excessive
amount of traffic to the road. In addition, it is our finding that the proposed traffic
signal at the Deer Canyon Estates access on Santa Ana Canyon Road will
create vehicle gaps .along Santa Ana Canyon Road near Eucalyptus, such that
turning movements may be facilitated to and from Santa Ana Canyon Road.
Unfortunately, there is not another alternative for project access.
R~Gm~edsl5~onegaVo09Respunze io Commentr040005 tloc 7 Response to Comments
03-I6-2005 D2:D0pn F~om-
Amy Vazquez
From: loran vohra [vonrakiran(a~hotmail.comi
Sent: Tuesday, March 15, 2005 10:24 PM
To: Amy Vazquez
Cc: mdutt~att.ne[
Subject: Qraft EIR t1329
Dear Ms. Vazquez,
T-34D P.003/ODB F-B30
As one of the owners of the adjoining property, i am deeply concerned about non•reponsiveness of the
applicant for this EIR #329 to our request for an access area at the market property rate. [would very 1
much appreciate if the condition of approval asks for providing the access to adjoining property at the
market rate. This will allow a well planned traffic flow as envisioned by the dedparmtents of public
works and Planning and discussed with us in earlier meetings.
Additionally, ! am also concerned about the open space ratio that this EIR is stating in comparison to the 2
property that I have share in, I hope that the overall open space requirement is not made up in future by
increasing open space requirement for my property
I am requesting your considerarion for an equitable decision for this EIR approval. please let me know if
I could provide fwther information.
TCiran Vohra
3/16/3005
03-16-2905 02:O6pm From-
Amy Vazquez
T-340 P 002/008 F-B3B
From; loran vohra [vohrakiran@hotmail.wm]
Sent; Wednesday, March I6, 2005 8:58 AM
To: Amy Vazquez
Cc; mdutt~att.net
Dear Ms, Vazquez,
t sent in an email to you last night. I am not sure iP I[ did go through the rystem
As one of the owners of the adjoining property, ] am deeply mnrerned about non-responsiveness of the applicant For Nt5 EIR k329
to our request for an across area at Ne market property rate. I woWd very moth appre<date if the mndidon of approval asks for
providing the access to adjoining propem at the market 22e. This will allow a well planned traffic flow as envisioned by Ne
departments of public works and Planning and discussed whh us in earlier meetings.
addltlonally, I am also mncemetl about Ne open spare ratlo NaC Nis QR Is statlng In comparison to Ne property Nat I have share
In. I hope that the overall open space requirement is not made up in future by Increasing open seam requirement Por my property.
[ am requesting your mnslderabon far an equitable deasion for this EIR approval. Please let me know If I mold provide further
information.
gran VOh2
Kiran Vohs
3/168005
Oeer Canyon Estates Development Project
Kiran Vohra
Response 1: The Deer Canyon Estates project has been designed to allow access to your
property. However, the cost of such easement is not an issue to be assessed in
an environmental document nor is it appropriate for the City to dictate a monetary.
value.
Response 2: The required amount of dedicated open space for the Deer Canyon Estates
project is 8:6 acres, as currently exists in the General Plan. The project has
included additional acres to preserve the entire wetland area as requested by the
resource agencies and to provide a buffer around the project development area.
The Estate Density allows 1.5 units per acre on 23.7 project acres for 35 units.
The owner is requesting a change to low density development to allow for the
type of development proposed, but keeping a cap on the number of units allowed
to 35, as allowed under the current General Plan designation.
R:Wm~ocia~5mnegall00nftesponse Io Commems-040605.tloc 8 Response fo Comments
03-31-2005 03:17~f Fran r-dIB P 002/006 F-017
California Yze~ional mater Quality Control hoar
Santa Ana Regio®
,11ae C. LIfy4 PO.A. 3737 Maa 9tra49ufs 500, Rimmido, GaPomla 92lel-131f ArneW9cbwtrzfaagga'
~~~~ PYana(A!I)7f74llf-PNC(9!1)7t1d1f1-TIY (f!I)7tblltl
A¢~ywev.uratprie,dlastwhm,mana
March 30, 20D5
Awry Vasquez, Assodate Planner
City of Anaheim Planning Department
200 S, Anaheim Blvd., Sulta 162
Anaheim, CA 82609
TENTATNE TRACT MAP N0. 16440 AND DRAFT ENVIRONMENTAL IMPACT REPORT N0.328,
DEER CANYON ESTATES, CITY OF ANAHEIM, SCFtB 2004031044
Dear Ma. Vasquea:
Stag of the Regiatai Water duality Contrd Soard, Santa Ana Region (RWQCB), have reviewed ttui Clry
of Anaheim's Tentatlve TroC Map N0.1644D and tho Draft Envimrarterdal Impact Report (DEIR) Na
328 Par the proposed beer Carryon Estates (Profed) in the northeaelsm portion of the City of Anaheim.
fits letter is meant to reach your office prime to your Match 31 recomrnenda6on to the Planning
Commission.
The Stonegate Development Company Waua1 canstrud the pmJed, consisting of 36 single-fartuly
residenoss on 323 scree, in a natural ravine aeWh of Santa Atta Canyon Road and the 91 Freeway.
Wa ~Ileve that Na foaewing Wpies strould ha Inmrpeated ink the Onal DEIR in ordef to hest prefect
water quaary standards p.®., ova4*sr quality abjedhrea and henefldal uses) mntalned In the Water Quaary
Conbol Plan tar the Sams Ana River Basin (Basin Plan).
A perann(al (blue-0na) unnamed stream flows through the ravine and eventualy joins the Sartta Ana
Rhrer. On ate wastam std of the project area, the strtlam' Wows paranel to a rttalnternrtea road (Dear
Canyon Rid) that would be Improved to provide acd~sa io the project Ttre stream tecehrea halt
several atbutary dreinages, htdudatg two Nat the project would ba hum upar. The project's entrance
mad would ascend one ~ these drainages ~ the nwtltwestam comer of the sit®. Other acdona wautd
directly Impact water quality t~natldal uses a9sodated with the tribtaadea and the stream. The pEIR
mNigation ssetlon variarsly proposes 1A nay and ollacvre the dralnagae as an attempt to prev~tt
eroaton. One drainpipe axtandfig from °Lat B° to Deer Carryon Rand will repmcm a nattral drainage,
Also, we understand that 10-ft high retaining wails (Iotfei wads) wiR he situated three laatlons along
Deer Canyon Road, perhaps InterRaring wah neural drainage a: well. Impacted benafldal uses Indude
Want Freshwater Habaat (WARM); W6dIKe Habitat (WILD); Rare, fireatenad, and Endangered
Spades Habitat (RARE); Groundwater Redtarge (GWR), and tuorr0ontact Water Recreatiat (REG2).
Impeete to baneticiai uses of aj(aurfa~ waters trust first and foremost be avoided. Unava(dable
Impede for the loss of, W adverse impacts fo, these flenefltial uses must be minlrttlaed and rtdtlgated
for.
The DEIR stelae that a riparian restnradon and enhancamsnt plan (mitigaaon plan) aria be developed GD
ensure rw net bas of habttat area that is jta;sdlcat>nat to the Cal6omla Oaperbnant of Flsh and Garro
(COFG; 2T3 sea) acid to tlw U.S. Army Crops of Engineers (ACOE; 0.45 sea). The mitlgatlon plan 1
must meat Clean WaterAot (CWA) Section 404 panrdl mndidans However, nothing ~ mentloned 4t the
DEIR about the CWA 9acaan 401 Water Quality CetZlicallon (Csrtlflcaaat) that our agency must issue
as a prerequisitm fa No 404 permit. CertIDCadon Yequlrea Nat rmltlgalfmn ensures that tbnsVuLllan and
operation of the project, Including excavatbn of C~dsa+g7 and/a~ ptarrment oT fll! Fnto'waters at Ne
CatlforntaErviraunmtalProrm7l®nAgancy ,
Regetr/vgo .
03-31-2005 03;I7m Fror
T-418 P.003/00/ F-OIT
a'^Y Vascuez • 2. Mart Jo, ZaaB
United States; will not advsrsafy affect =;ater quality standards and requires, at a minitTaun, replacement
of tho full (unction and value of the (Inpaded water's banefldal uses that eMsted prbr fo Impact
The Issuance of a 401 CerCfipUan represents a datemdnatlon by the Executive O81car that dlseharges
of waste to waters of tho U.3. that are assadated with ttse protect will ootrtpy with the appNcahle
provisions of 9edlons 301 (Ef9ueM Limlladans), 302 (Water OuaGty Related Ef9ueM lJrrdtatians), 303
(Water t1i3aBty Standards and Implem®n~tbn plans), 3~ (Natbnal Standards oP Pen'amranrs), and
307 (Toxic and Pretreatrnanl EP9uent Standards) of the Clean WatarAct, and with other applicable
requlremertta of State law, In order tar such a determinatlon to ba rr>eanln®ftd, proJeds subJed to
Certiflt:etlon are evaluated Portheirdirect, Indfred, and ctsnulative lmpaets !b waters of the U.S.,
spedticagy, Impacts lu water gustily ~Jectly®s and baneticlel uses. Such knpatsa must he mlt~ated to
receive a CertlilnCon. IrdonnaCort concerning 9acUon 401 cartifi®ti0rt can ba found at
www.swreb.ca. gov/rwac68Mtrn11401.html.
6es1 Managerttent Pradlr~s (SNIP) urulaed a1 proJecb roceNing a CerUCcaUat nwst meet Beat
Avatlable Tadubwgy (BAT) standards that rnaY go beyond BMPs typiaelty needed urtdsr: 9) the State
Water Resources Cantrd Board's Water Quality Order Na 99-09-DWq °Ger~rel Parmtt f~ 3twm
Water Dlsr~rges Asaadatad with Construdbtl Aetlvily (please see~otu w~ site at
htis°JNeww.swrcb.ca.gavFstortnwWmnshrudlan.pyJ~ and 2) the Regbr~I Water t~afity Can7o19aard's
Waste Oiecharge Requiremertta for Areawids Utban Storm Wata(R~ataB Pertnkf~ttte County of
Orange, Orange County ~ Control D'strlct, and Incwporatod CClee to Orange County within the
Santa Ana Region (Order No. RS-2002410, NPDEB No. CA3818030), ~o knaum as the Orange
Garrity muNdpal separate storm sewer system, or "Orange County M34° parmU), A9 devetofunent
must coMorm to the Water Quality Management Plan (WQMP) requirements of the Orartp® Courdy MS4
by irnplementlng a vedaty of struchrrol and non-strucluret 6MPs wntroAtrg p~utanffi from trotli mint
sowoas end rwn•poin4 sources (NPs), If a Sect 404 penni4 Is toter found to nro be requkad, then Cie
ctkaria for water quality permi4Ung of tl+e aonsW ctlan of Cie Prapos®d fadllty wW Doty be gmso crlEsrfo
r ~utrad by the statawlde Wamr Ouallty Order Na g9.0&DWO and the WOMP r~uiretr~nt of the MS4
Merely indicating thatprojed proponents wig f~ nequaed to obtain arwirM~ permits does n~
mrreUhde tffiUgatlwt for Impekment to waor qua3ty standards. Axepm6le mitlgatbn for uttavoldahle
direct and cumulaCve unpacta ail ureter quaAty banafldal uses moat bo determines through cansutlatlon
wtth the r~pansihle agendas Ctat Ukey wE ~ issuing pem4ts for ilia project, tr~luding rite ACOE ((404
permit), the tiegbnal Board (CettilkaUon orwaste dirge raqulr~neMs pursuantto CafAomia Water
Code Section 13290). the U.S. Flsh artd WUdl7e Senriaa (Endangered Spades Ad Sadist 7
consultedon), and/or the Cagfomfa Departmorrt of Fah and Garrre (Flab artd Gmrtto Code Section 180D
Streemt>ed Attsradon Apreenterd). Thel.ead Agangr for a protect (Cll)r ~ Anaheim) aharM rur! flne6ze
Its CEt]A process ut,fU rnlagaCon agr~d Io bahvean the project proparent arai aA
Agendas ran he inrnrparatsd inm the 9rt~ CEOA deemed. For example, project catdtdorta ahoub
state that io protect Cre wgdUfa habitat water gustily t>enefida! use of nanua! drainage causes. Cta
number of subswface utlfity crossings tltrough the drotnage(s) mud bs mWmized, and ~ road
crosair~ war drain~es should take the form of bridges or arched apes-bottomt:d arlver~ so as to
provide wlTdlffa moveinertt caTtdora.
While the miCgation plan vrtil pemtartsntly protect a riparian open spaeo resource arul assodated
vegatatlan, the plan wUl Illcely relocate settslUvo spades, inducting soma riparian spades, b the nearby
Natural Communltles CoroervaCon Plan reserve (NCCP/HCP). Wa view will a disturbance to ba
direct impact m a benefldal use the stWUld ~ avoided of generoushJ mitigated. 'The OEIR states that
Iha prajed Is al~aed by the NCCPMCP agreemmtt, whiff the February 2004 Notlce of Prepar~lon
designated this sit® as s biologt~ity ser~viWe'F_~dsting Use Arad' la the proposed preservetlotl of 13.4
con'
2
Califarnra Bnvuonrseera(J'roretdnn slgenry
~~ ~
a,,,vaspuai .3. mard+so, aoob.
aces of open apace, indudtng the riparian area and utiUgi easements Cross)ng the property, part of Ihe~ 3
NcCP agrearnent7 cont.
These comments are applleabla es weq in lha Canyon Hills Manor wading facility proJad (BCti~
20011 of tOS) to the immediate north (Lom 22, 23, and 24 of Trail No. 117) and a proposed church
(TentaWs Tray No. 10288). These projects may Impact two drainages that cross the cornman Border
with Trail No. 16440,
if you have arty questlone, pteea® contact m® at (961) 782-9234, or r3lenn RObsrtaon of rtty staff at (951)
782-9269.
Sincerely, a
Merle O. Adelson, Chlsf ~t V
Regtan~ Planning Program Sactlon
~ seaan-sam
9ma e¢Waal - ealromla Ooveivmm~l tl Pkh aril (3mno, OwAo
Jorh PandW -U.a. ~1 ad NN6~0 4aWta, t.~+b~
armpaanb tma •115. amy cave d enpnw~.
a: pa~nmarorowcEaanma• ay or -Dear a~a, E+mtee, TR+t tm.leata, mm canyon t~s
Ca!lfornw &nmYOxlneJrfo! Prorecaon Agmty
RayefyPapo
Deer Canyon Estates Development Project
California Regional Water Quality Control Board, Santa Ana Region
Response 1: Prior to construction activities, the applicant must obtain the following approvals:, , ,_
Clean Water Act (CWA) Section 404 U.S. Army Corps of Engineers (ACOE)
Permit., a CWA Section 401 Water Quality Certfcation, and a California
Department of Fish and Game (CDFG) Streambed Alteration Agreemenf. Prior
to the issuance of the ACOE permit, documentation of a certified California
Environmental Quality Act (CEQA) document must be obtained. Additionally, the
401 Certification must be issued prior to the issuance of the ACOE 404 permit in
order to verify that water quality standards have been met.
Response 2: RBF delineated areas within the proposed project site in 2002 and 2004,
Approximately 0.53 acre (0.31 acre of wetland, 0.22 acre of non-wetland) of
ACOE jurisdiction was noted to be within the project site boundaries. No isolated
conditions were found on-site; therefore., waters considered to be jurisdictional by
the Regional Water Quality Control Board (RWQCB) .mirrored those of the
ACOE. Approximately 2.83 acres of the CDFG's jurisdiction were also noted
within the project site, which included the outer edge of riparian vegetation.
Of these delineated areas, approximately 0.08 acre of ACOE and 0.10 acre of
CDFG would be impacted by the proposed improvements. The project was
designed to avoid impacts to the western drainage and the project footprint solely
impacts ephemeral drainages (i.e., drainages that contain water only during
storm events). Therefore, no impacts to wetlands would occur. Additionally, no
riparian vegetation was noted within the ephemeral drainages during RBF's field
visit(s).
Proposed mitigation of the 0.53 acre of ACOE jurisdictional area includes the
avoidance of approximately 0.45 acre of ACOE jurisdiction through project
design. The remaining 0.08-acre area, which is characterized by ephemeral
drainages, will be mitigated at a minimum 1:1 ratio, which will be detailed during
the permitting process. Best Management Practices, identified in the
Environmental Impact Report (EIR), shall also be identified within the 401
Certification application.
Response 3: The proposed project has been designed to avoid impacts to the willow riparian
forest and coastal live oak woodland forest resources that are located along a
perennial stream in the western portion of the project site. The preservation of
these habitat resources would serve to maintain the long-term net conservation
values for riparian-dependent species that may utilize these resources in the
future. In addition, no special status wildlife species were detected during
protocol surveys within these riparian habitat resources. Therefore, the Draft
Environmental Impact Report (DEIR) accurately states that no impacts to these
species are anticipated.
As stated in the DEIR, the project site (including the riparian area and utility
easements) is located within an area designated by the Central-Coastal Natural
Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) as an
"Existing Use Area." In Existing Use Areas, the NCCP/HCP does not authorize
"Incidental Take" resulting from the conversion of habitat occupied by coastal
California gnatcatchers. So long as existing uses are maintained in these areas.,
no additional regulation or habitat management is required. However, if changes
in use are proposed with the potential to "harm" gnatcatchers, as with the
R\Prolepsl5tonegol1001\Respomelo Commema-0ao605 tloc B Response fo Comments
Dee~Canyon Estates Development Project
proposed project, the project proponent would be required to obtain approvals
from USFWS and affected local jurisdictions in the same way as is presently
required in areas subject to the gnatcatcher listing. The DEIR identifies three
mitigation options for the available to the landowner.
The landowner requested approval from the USFWS to pay the mitigation fee.
However, the U.S. Fish and Wildlife Service (USFWS) denied the request. In
response, the landowner pursued Incidental Take under the provision of Section
7 as identified above. Therefore, the project is consistent with the provisions of
the NCCP/HCP concerning "Existing Use Areas" with respect to the process for
obtaining Incidental Take.
Additionally, the proposed 13.4-acre open space area to be preserved is not
required by the NCCP program or NCCP/HCP Implementation Agreement. As
previously noted, the project is located within an "Existing Use Area" which
requires the landowner to seek regulatory authorizations for impacts to coastal
sage scrub and other habitats through conventional permitting pursuant to
existing law. That is, this permanently-protected open space area and
associated habitat .resources are being proposed as mitigation as part of these
conventional regulatory permit processes. Therefore, the provision of this
permanent open space would serve to provide wildlife habitat resource
connectivity above and beyond that required by the NCCP program.
RlWmjedslSWnoea\Ip011Rapponsq la Commenis-04a605doc 10 Response to Comments
ITEDt N0. 4
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KATELLA AVENUE
_ I
ALL PROPERTIES ARE IN THE (PTM'U) (PLATINUM TRIANGLE MIXED USE) OVERLAY ZONE.
Development Agreement Nos
2005-00001
2005-00002
2005-00003 Subject Property
.
,
, ,, y
Tentative Tract Map No. 16831 Date: April 18, 2005
Scale: Graphic
Requested By: PETER L. DUNKEL Q.S. No. 107
DAG2005-00001 - TO CONSTRUCT A 320-UNIT APARTMENT BUILD ING, ASSOCIATED STREETS
AND PUBLIC PARK
pAG2005-00002 - TO CONSTRUCT A 196-UNIT CONDOMINIUM COMPLEX
DAG2005-00003 - TO CONSTRUCT A 255-UNIT CONDOMINIUM CO MPLEX.
SUBTTM16831 - TO ESTABLISH A 5-LOT, 451-UNIT AIRSPACE ATTACHED RESIDENTIAL
CONDOMINIUM SUBDIVISION AND A 320-UNIT, MID-RISE APARTMENT BUILDING.
1515 East Katella Avenue - BRE Properties Stadium Park Residential nea
ITEM N0. 4
Development Agreement Nos. 2005-00001, 2005-00002, 2005-00003 Subject Property
Tentative Tract Map No. 16831 Date: April 18, 2005
Scale: Graphic
Requested By: PETER L. DUNKEL Q.S. No. 107
DAG2005-00001 - TO CONSTRUCT A 320-UNIT APARTMENT'BUILDING, ASSOCIATED STREETS
AND PUBLIC PARK
DAG2005-00002 - TO CONSTRUCT A 196-UNIT CONDOMINIUM COMPLEX
DAG2005-00003 - TO CONSTRUCT A 255-UNIT CONDOMINIUM COMPLEX.
SUBTTM16831 - TO ESTABLISH A 5-LOT, 451-UNIT AIRSPACE ATTACHED RESIDENTIAL
CONDOMINIUM SUBDIVISION AND A 320-UNIT, MID-RISE APARTMENT BUILDING.
1515 East Katella Avenue - BRE Properties Stadium Park Residential
nsa
Staf
Plar
Apri
Item
4a. r CEQA'MITIGATED NEGATIVE DECLARATIOMAND'MITIGATION
'°`MONITORING PLAN NQ1128
4b. : TENTATIVETRACT MAP N0. 16831
4c. 'DEVELOPMENT AGREEMENT N0.2005-00001
4d. DEVELOPMENTIAGREEMENT N0.2005-00002
4e. 'DEVELOPMENT AGREEMENT NO.'2005-00003 '_
SITE LOCATION AND DESCRIPTION:
(1 } This irregula[Iy-shaped; 14.46-acre property has frontage of 585 fei
Katella Avenue, a maximum depth of 1300 feet, and is located 7391
centerline ofiState College Boulevard (1515 East Katella Avenue- E
Park Residential).
REQUEST:
(2) The petitioner requests approval of the following:
'. ,4~ I Ilc 1JI UF/VJCU'!I Vfcuw.v uw „v,uuu u,v w~ uvu v. ..........J ~~...~.. ..~
moving facility (Dunkel Bros.) and the constructiomof}771 multifamily units, s
five lots (three residential lots, a'public park lot and alettered lot for the prvat
the construction of a public park`and associated public street.
Sr522Qjr.doc
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View of property looking northwe
(6) On August 17, 2004, the City Council appro
policies of the General Pian for The Platinurt
future: development and sheet improvement:
Overlay Zone (Chapter 18:20 of the Anahein
standardized Platinum Triangle Developmen
encompasses approximately 375 acres and
Gateway, Arena and Stadium Districts) withi
PTMLUP. The PTMU OverlayZoneprovide
development projects thafcould be stand-air
residential uses!inciudingoffice, retail, busin
and uses, and other community amenities w
PTMU Overlay Zone canoe operated, Bevel
DeRue~„t~open ~~
faridap_. pa~ce~
~~A ~SF, '~ arc ~
s~6 ttdas ,
2~.5 , an' os
e, ~'1~emet
Site Area' acres 3.37 321 4.25 N/A
Minimum 50
units required
and
maximum of
DU/Acre:' 94.9 61 60 100 du/acre
75%
Lot Covera a 67% 42%° 38% maximum
72,415 s.f, total 53,206 s:f. total 75,041 s.f. total 200 s.fl unit
RecreationlLeisure'Are 226 s.f. er unit 271 s.f. "er unit 294 s.f. er tinit minimum
1100 Feet
Hei ht 66 feet, 4 inches 71 feet 84'feet, 4 inches maximum
a Kffiella(AVenue:',SIreE
access to the proposf
access (Street C) woi
approximately 430 fei
condominium dwelling
would be constructed
would provide 552 pa
.condominium units or
On-street parking is p
Triangle Master Lartd
~rao~ng for the protect would generate approximately 124,56311
which' would be disposed of at a legal disposal site approved fo
maximum depth, of excavation is anticipated tdbe 23 feefbeloG
feet for Parcels 1 and 3, and 2 feet for Parcel 4: Rough grading
building sites and park site and would set the general alignmen
backbone utilitysystem. The backbone utilities'and street wouh
first building phase would be the construction of Parcel 1'(apart
followed by the construction of the structures on Parcels 2 and'
park would be developed in conjunction with Parcel 1.
DEVELOPMENT ACRE
(14) In 1982, thelLegii
California Goverr
td enter into a de'
owner/developer;
__ _._~... _.. .~.__... _... _rr._. __ ~_. ..___ _. . __. ._ _...
has demonstrated eligibility to enter Into the' Development Agreem
result in the'construction of 771 residential dwelling units for the tle
Stadium Park Residential Pro}ect which isconsistenfwith and'imF
which are proposed to implement The Platinum Triangle' Master Land Use Plah and the
PTMU Overlay Zone would require further environmental'i-eview and analysis;of potential
site specific environmental,impacts in conjunction with the processing of discretionary
applications. Work has commenced`on the preparation of a Subsequent EIR to provide
additional environmental documentation for these requests (it is anticipated that this will' be
completed by summer of this year). `Projects that precede certification of the'Subsequent
EIR require independent environmental review and documentation.:
Page $
!;(Zp)
(21);
S
P
'A
16
(e) By motion, aop~ove Tentative Tracf Map No. 16831, to es
dwelling units fot Parcel 2 and 255 dwelling units for Parcel`:
residential condominium subdivision and a 320-unit, mid-rise
(f) By motion, request City Council review of the Tentative Ti
withtheir mandatory review of the development agreemei
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City of Anaheim
~LANN1<I~iG ~~ART~~T
[DRAFT]
April 18, 20D5
Ken France
BRE Properties, Inc
2020 Main Street, Ste. 590
Irvine, CA 92614
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
April 18, 2005.
4a.
4b.
4c.
4d.
4e.
Owner: Peter Dunkel, Dunkel Bros. Machinery, 1515 East Katella Avenue, Anaheim,
CA 92805
Agent: Ken France, BRE Properties, Inc. 2020 Main Street, Ste. 590, Irvine, CA 92614
Location: 1515 East Katella Avenue. Property is 14.46 acres, having a frontage of 585
feet on the north side of Katella Avenue located 739 feet west of the centerline
of State College Boulevard.
Tentative Tract Mag No. 16831, - to establish a 5-lot, 451-unit airspace attached residential
condominium subdivision and a 320-unit, mid-rise apartment building.
Development Agreement Nos. 2005-00001. 2005-00002, and 2005-00003, between the City
of Anaheim and BRE Properties, Inc., to provide for the development of the Stadium Park
Residential Project. The Planning Commission's role is to look at the land use aspects of
the Agreements, specifically whether the eligibility criteria has been met, whether the
Agreements are consistent with the General Plan and whether the project implemented by
the agreements is compatible with the development of the surrounding area. The City
Council will consider whether to approve the Agreements.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED (One Commission vacancy), that the Anaheim Planning Commission has
reviewed the proposal to establish a 5-lot, 451-unit airspace attached residential condominium
subdivision and a 320-unit, mid-rise apartrrrent building and does hereby approve the Mitigated
Negative Declaration and Mitigation Monitoring Plan No. 128 upon finding that the Mitigated
Negative Declaration are adequate to serve as the required environmental documentation for
this request for tentative tract map to permit construction of a 5-lot, 451-unit airspace attached
residential condominium s subdivision and a 320-unit, mid-rise apartment building. The Planning
Commission has reviewed and determined that the overall specific scope of development, have
been environmentally-cleared by this prior environmental documentation. Aproject-specific
Initial Study has been prepared and additional environmental review and mitigation has been
provided as needed pursuant to the procedures outlined for subsequent projects under a
Program EIR.
200 South Anaheim Boulevard
P.C. Box 3222
Anaheim, Calilnrnia 92803
mmvtanaheim.ner ~ TEL {714) 765-5139
[DRAFT]
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED (One
Commission vacancy), that the Anaheim Planning Commission does hereby determine that the proposed
tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and
does therefore approve Tentative Tract Map No. 16831, to establish a 5-lot, 451-unit airspace attached
residential condominium subdivision and a 320-unit, mid-rise apartment building subject to the following
conditions:
1. That an unsubordinated use covenant/agreementsholl be recorded for Parcels 1 and 2 for shared
use of the emergency fire access lane between the associated buildings on each parcel. The
covenantlagreement shall be approved as to form by the City Attorney's office and the Fire
Department.
2. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim
easements for street, public utility and other public purposes for:
o Widening of Katella Avenue to the ultimate right-of-way
o Construction of Connector Streets associated with the project.
3. That the City Engineer and City Attorney shall approve and the property owner shall record a
maintenance covenant providing for the continued operation and maintenance of the street as a
private street until such time as the City accepts an offer of dedication.
4. That the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim
for road, public utilities and other public purposes 72-feet from the centerline of Katella Avenue and
the internal Connector Street, as shown on exhibits approved in conjunction with this project, on file
in the Planning Department,
5. That a maintenance covenant shall be submitted to the Subdivision Section and approved by the
City Attorney's Office. The covenant shall include provisions for maintenance of private facilities,
including compliance with approved Water Quality Management Plan, and a maintenance exhibit.
The covenant shall be recorded concurrently with the final map, including regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from
time of occurrence.
6. That the legal property owner shall submit an unsubordinated reciprocal access and parking
agreement to the Subdivision Section. Said agreement shall be prepared in a form approved by the
City Attorney's Office and shall be recorded concurrently with the final map.
7. That prior to issuance of the first building permit, the fihal map shall be submitted to and approved by
the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the
Orange County Recorder (Subdivision Map Act, Section 66499.40).
8. That vehicular access :rights to Katella Avenue except at street intersections shall be released and
relinquished to the City of Anaheim.
9. That the legal property owner shall furnish a Subdivision Agreement to the City of Anaheim, in a
form to be approved by the City Attorney's Office, agreeing to complete the public improvements
required as conditions of the map at the legal property owner's expense. Said agreement shall be
submitted to and approved by the City of Anaheim and shall than be recorded concurrently with the
final map. All public improvements shall be constructed within one year of recordation of the final
map.
10. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department,
Development Services Division for review and approval a Water Quality Management Plan that:
[DRAFT]
o Addresses Site Design Best Management Practices (BMP's) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or
"zero discharge" areas, and conserving natural areas.
o Incorporates the applicable Routine Source Control BMP's as defined in the Drainage Area
Management Plan.
o Incorporates Treatment Control BMP's as defined in the DAMP.
o Describes the long-term operation and maintenance requirements for the Treatment Control
BMP's.
o Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMP's, and describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMP's.
11. That prior to issuance of certificate of occupancy, the applicant shall:
o Demonstrate that all structural BMP's described in the Project WOMP have been constructed and
installed in conformance with approved plans and specifications.
o Demonstrate that the applicant is prepared to implement all non-structural BMP's described in the
Project WOMP
o Demonstrate that an adequate number of copies of the approved Project WOMP are available
onsite.
o Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMP's.
12. That prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained
under California's General Permit for Stormwater Discharges Associated with Construction Activity by
providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board
and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (INDID)
Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan
(SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City
review on request.
13. That all existing structures shall be demolished.
14. That the legal owner of the property shall irrevocably offer to dedicate to the City a 0.78-acre public
park as indicated on FSP2004-00007.
15. That the legal owner of the property shall submit an unsubordinated maintenance covenant for the
park to the Community Services Department and the City Attorney's Office for review and approval
for the on-going maintenance and repair of the park and all on-site amenities.
16. That prior to final parcel map approval, Coridition Nos 1, 2, 3, 4, 5, 6, B, 9, 10, 13, 14 and 15 above-
mentioned, shall be complied with.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
Cc: Ken France, BRE Properties, Inc. 2020 Main Street, Ste. 590, Irvine, CA 92614
CRDM.doc
[DRAFTa
RESOLUTION NO. PC2005--""
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT
AGREEMENT NO. 2005-00001 BY AND BETWEEN THE CITY OF
ANAHEIM AND BRE PROPERTIES, INC., AND MAKING CERTAIN
FINDINGS RELATED THERETO
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864)
of the Government Code of the State of Califomia (hereinafter the "Statute") authorizes a city to enter into a
development agreement with any person having a legal or equitable interest in real property for the
development of the property as provided in said Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedures and
requirements by resolution or ordinance for the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23, 1982,
enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the
Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore
on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution")
establishing procedures and requirements for the consideration of development agreements upon receipt of
an application by the City; and
WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General
Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and
a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in
conjunction with its consideration .and approval of the General Plan Amendment, amendment of the City's
zoning code, and a series of related actions; and
WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed
Uses, Office High, Office Low, Industrial and Institutional. land uses within an approximately 820-acre area
generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana
Freeway (Interstate 5) on the west, and the Southern Califomia Edison Company Easement on the north
("hereinafter referred to as The Platinum Triangle"); and -
WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum
Triangle, on August 17, 2004, the City Council adapted Resolution No. 2004-177, approving The Platinum
Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and
WHEREAS, to further implement the goals and policies of the General Plan for The Platinum
Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on
August 24, 2004, the City Council adopted Ordinance No. 5378 amending Title 18 of the Anaheim Municipal
Code to establish zoning and development standards far the Platinum Triangle Mixed-Use (PTMU) Overlay
Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify
approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay
Zone as depicted in The Platinum Triangle Master Land Use Ptan to provide opportunities for high quality
well-designed development projects that could be stand-alone projects or that combine residential with non-
residential uses including office, retail, business services, personal services, public spaces and uses, and
other community amenities within the area; and i
WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a
Development Agreement between the property owner and the City of Anaheim to implement all development
in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt
under the Code; and
Cr\PC2005- -1- PC2005-
WHEREAS, when a Final Site Plan application includes a request for a Variance or a
Conditional Use Permit, the PTMU Overlay Zone requires the Variance and/or Conditional Use Permit
applications to be processed concurrently with the Development; and - :. -
WHEREAS, on August 17, 2004, the Ciry Council adopted Resolution No. 2004-179,
approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and
WHEREAS, in connection with adoption of The Platinum Triangle Master Land Use Plan, the
PTMU Overlay Zone, and the form of the Standard Development Agreement for The Platinum Triangle, the
City Council by motion, as lead agency for the proposed actions, determined that FEIR No. 330 and the
associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in
compliance with CEQA and the state and City CEQA guidelines and were adequate to serve as the required
environmental documentation for said actions based upon findings set forth in said motion; and
WHEREAS, on December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and
the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), BRE
Properties, Inc. ("Applicant"), submitted an application to the Planning Department for approval of
Development Agreement No. 2005-00001 (the "Application"), which included a proposed development
agreement (hereinafter referred to as the "Development Agreement") prepared in conformance with the
Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address
the implementation of the Stadium Park Residential Project; and
WHEREAS, the Development Agreement pertains to 14.46 acres of real property in the City
of Anaheim and proposed development on newly created. Parcel 1 (3.37 acres), equitably owned by the
Applicant, commonly known as 1515 East Katella Avenue (the "Property"), which is located in The Platinum
Triangle and zoned PTMU Overlay (Katella District), and more particularly shown and described on Exhibit
"A", which is attached hereto and incorporated herein by this reference; and
WHEREAS, the Applicant desires to develop the Property in accordance with the provisions
of the Development Agreement by developing a multiple family residential project consisting of 320
residential dwelling units and a 552 space parking structure, as more particularly set forth in Final Site Plan
No. 2004-00007 and Tentative Tract Map No. TTM 16831 (hereinafter collectively referred to as the
"Project"); and
WHEREAS, on April 5, 2005, the Plannirg D(rector approved Final Site'Plan No. 2004-
00007 to provide for the development of the Stadium Park Residential Project, contingent upon the approval
of Tentative Tract Map No. TTM 16831 and Development Agreement Nos. 2005-00001, 2005-00002, and
2005-00003, by the Planning Commission and City Council; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2005, at 6:00 p.m., notice of Bald public 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 Development Agreement and Tentative Tract Map No. TTM
16831 and to investigate and make findings and recommgndations in connection therewith; and
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility
.requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon
completion, the Project will result in the construction of 320 dwelling units and a 552 space parking structure
within a period of not more than five (5) years; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at
said hearing, does find and determine that the Developmeht Agreement meets the following standards set
forth in the Procedures Resolution: "
That the Project is consistent with the City's existing General Plan in that it is in conformance with the
General Plan Mixed Use land use designation and with the goals, policies .and objectives for The
Platinum Triangle as set forth in the General Plan.
-2- PC2005-
2. That the Project is compatible with the uses authorized in and the regulations prescribed for the
applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements
as set forth in Final Site Plan No. 2004-00007, which was approved by the Planning Director on April 5, _. _
2005, and Tentative Tract Map No. TTM 16831, which was approved by the Planning Commission on
April 18, 2005.
3. That the Project is compatible with the orderly development of property in the surrounding area in that it
is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU
Overlay Zone requirements.
4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of
Anaheim.
5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and
authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers
and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures
Resolution.
7. That no one indicated their presence at said public hearing in opposition; and that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the Development Agreement ih conjunction with the proposed Tentative Tract
Map No. TTM 16831; and did find and determine, by motion, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study
conducted pursuant to CEQA for the Development Agreement and Conditional Use Permit, and the
requirements of CEQA, including Section 21166 of the Califomia Public Resources Code and Section 15162
of the CEQA Guidelines, and the evidence received at the public hearing, that FEIR No. 330 previously
certified by the City Council for the Amended General Plan and related projects, together with the Updated
and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative
Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation
Montorng Program No. 128 are adequate to serve as the required environmental documentation for this
Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental
documentation need be prepared for this Development Agreement
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
NOW, THEREFORE, BE 1T RESOLVED,that based upon the aforesaid findings and
determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval
of the Application and the Development Agreement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN,~ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
I ~
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 was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 18, 2005, by the following vote of the members thereof: ,
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereuntp set my hand this day of
.2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2005-
Development 9greement
and Fisal Site Plan
Attachments Available
For Review Opon
Request at the Planning
Department Public
Counter
[DRAFT}
RESOLUTION NO. PC2005-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT
AGREEMENT NO. 2005-00002 BY AND BETWEEN THE CITY OF
ANAHEIM AND BRE PROPERTIES, INC., AND MAKING CERTAIN
FINDINGS RELATED THERETO
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864)
of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a
development agreement with any person having a legal or equitable interest in real property for the
development of the property as provided in said Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedures and
requirements by resolution or ordinance for the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23, 1982,
enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the
Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore
on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution")
establishing procedures and requirements for the consideration of development agreements upon receipt of
an application by the City; and
WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General
Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and
a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), fn
conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's
zoning code, and a series of related actions; and
WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed
Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre area
generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana
Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north
("hereinafter referred to as The Platinum Triangle"); and
WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum
Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The Platinum
Triangle Master Land Use Plan, setting forth the new vision for The,Platinum Triangle; and
WHEREAS, to further implement the goals and policies of the General Plan for The Platinum
Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on
August 24, 2004, the City Council adopted Ordinance No. 5376 amending Title 18 of the Anaheim :Municipal
Code to establish zoning and development standards for the Platinum Triangle Mixed-Use (PTMU) Overlay
Zone (the "PTMU Oveday Zone") and Ordinance No. 5936, amending the zoning map to reclassify
approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay
Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality
well-designed development projects that could be stancj-alone projects or that combine residential with non-
residential uses including office, retail, business services,'personal services, public spaces and uses, and
other community amenities within the area; and
WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a
Development Agreement between the property owner and the City of Anaheim to implement all development
in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt
under the Code; and
Cr\PC2005- -1- PC2005-
WHEREAS, on August 17, 2004 the City Council adopted .Resolution No. 2004-179,
approving the form of the Standard Development Agreement for The Platinum Triangle PTMU Overlay Zone;
and _.
WHEREAS, in connection with adoption of The Platinum Triangle Master Land Use Plan, the
PTMU Overlay Zone, and the form of the Standard Development Agreement for The Platinum Triangle, the
City Council by motion, as lead agency for the proposed actions, determined that FEIR No. 330 and the
associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in
compliance with CEQA and the state and City CEQA guidelines and were adequate to serve as the required
environmental documentation for said actions based upon findings set forth in said .motion; and
WHEREAS, on December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and
the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), BRE
Properties, Inc. ("Applicant"), submitted an application to the Planning Department for approval of
Development Agreement No. 2005-00002 (the "Application"), which included a proposed development
agreement (hereinafter referred to as the "Development Agreement") prepared in conformance with the
Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address
the implementation of the Stadium Park Residential Project; and
WHEREAS, the Development Agreement pertains to a portion of 14.46 acres of real
property in the City of Anaheim (3.21 acres), equitably owned by the Applicant, commonly known as 1515
East Katella Avenue (the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay
(Katella District), and more particularly shown and described on Exhibit "A", which is attached hereto and
incorporated herein by this reference; and
WHEREAS, Applicant desires to develop the Property in accordance with the provisions of
the Development Agreement by developing a multiple family residential project consisting of 196 residential
dwelling units and an 433 space parking structure, as more particularly set forth in Final Site Plan No. 2004-
00007 and Tentative Tract Map No. TTM 16831 (hereinafter collectively referred to as the "Project"); and
WHEREAS, on April 5, 2005, the Planning Director approved Final Site Plan No. 2004-
00007 to provide for the development of the Stadium Parr Residential Project, contingent upon the approval
of Tentative Tract Map No. TTM 16831 and Development Agreement Nos. 2005-00001, 2005-00002, and
2005-00003, by the Planning Commission and City Council; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, at 6:00 p.m., notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to
hear and consider evidence for and against said Development Agreement and Tentative Tract Map No. TTM
16831 and to investigate and make findings and recommendations in connection therewith; and
i
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility
requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon
completion, the Project will result in the construction of 196 dwelling units and a 433 space parking structure
within a period of not more than five (5) years; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at
said hearing, does find and determine that the Development Agreement meets the following standards set
forth in the Procedures Resolution: ;
1. That the Project is consistent with the City's~existingl General Plan in that it is in conformance with the
General Plan Mixed Use land use designation and with the goals, policies and objectives for The
Platinum Triangle as set forth in the General Plan.
That the Project is compatible with the uses authorized in and the regulations prescribed for the
applicable zoning district in that the Project is in compliance with the :PTMU Overlay Zone requirements
as set forth in Final Site Plan No. 2004-00007, which was approved by the Planning Director, and
-2- PC2005-
i i ~:,
Tentative Tract Map No. TTM 16831, which was approved by the Planning Commission on April 18,
2005.
3. That the Project is compatible with the orderly development of property in the surrounding area in that it
is in conformance with and implements The Platinum Triangle Master Land Use Plan and the. PTMU
Overlay Zone requirements.
4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of
Anaheim.
5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and
authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers
and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures
Resolution.
7. That no one indicated their presence at said public hearing in opposition; and that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the Development Agreement in conjunction with the proposed Tentative Tract
Map No. TTM 16831; and did find and determine, by motion, pursuant to the provisions of the Califomia
Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study
conducted pursuant to CEQA for the Development Agreement and Conditional Use Permit, and the
requirements of CEQA, including Section 21166 of the Califomia Public Resources Code and Section 15162
of the CEQA Guidelines, and the evidence received at the public hearing, that FEIR No. 330 previously
certified by the City Council for the Amended General Plan and related projects, together with the Updated
and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative
Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation
Monitoring Program No. 128 are adequate to serve as the required environmental documentation for this
Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental
documentation need be prepared for this Development Agreement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
i
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and
determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval
of the Application and the Development Agreement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. 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
I i.
ATTEST:
RMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2005-
STATE OF CALIFORNIA )
COUNTY OF "`F'.ANGE ) ss.
CITY OF ANA--;':.IM )
I, Eleanor Morris, 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 April 1 B, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- ' PC2005-
Development Agreement
and Final Sife Flan
Attachments Available
For Renew Opon
Request at the Planning
Department Public
Counter
[DRAFT]
RESOLUTION NO. PC2005-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT
AGREEMENT NO. 2005-00003 BY AND BETWEEN THE CITY OF
ANAHEIM AND BRE PROPERTIES, INC., AND MAKING CERTAIN
FINDINGS RELATED THERETO
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864)
of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a
development agreement with any person having a legal or equitable interest in real property for the
development of the property as provided in said Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedures and
requirements by resolution or ordinance for the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23, 1982,
enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the
Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore
on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution")
establishing procedures and requirements for the consideration of development agreements upon receipt of
an application by the City; and
WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General
Plan Amendment"), and certified Final Environmental Impact Report No. 330, .adopting Findings of Fact and
a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in
conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's
zoning code, and a series of related actions; and
WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed
Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre area
generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana
Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north
("hereinafter referred to as The Platinum Triangle"); and -
WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum
Triangle., on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The Platinum
Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and
WHEREAS, to further implement the goals and policies of the General Plan for The Platinum
Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on
August 24, 2004, the City Council adopted Ordinance No. 5378 amending Title 18 of the Anaheim Municipal
Code to establish zoning and development standards for the Platinum Triangle Mixed-Use (PTMU) Overlay
Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify
approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay
Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality
well-designed development projects that could be stand-alone projects or that combine residential with non-
residential uses including office, retail, business services, personal services, public spaces and uses, and
other community amenities within the area; and
WHEREAS, the PTMU Overlay Zone requires an approved Final Site Ptan and a
Development Agreement between the property owner and the City of Anaheim to implement all development
in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt
under the Code; and
Cr\PC2005- -1- PC2005-
WHEREAS, on August 17, 2004 the City Council adopted Resolution No. 2004-179,
approving the form of the Standard DevelopmentAgieemeht for The Platinum Triangle PTMU Overlay Zone;
and
WHEREAS, in connection with adoption of The Platinum Triangle Master Land Use Plan, the
PTMU Overlay Zone, and the form of the Standard Development Agreement for The Platinum Triangle, the
City Council by motion, as lead agency far the proposed actions, determined that FEIR No. 330 and the
associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in
compliance with CEQA and the state and City CEQA guidelines and were adequate to serve as the required
environmental documentation for said actions based upon findings set forth in said motion; and
WHEREAS, on December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and
the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law"), BRE
Properties, Inc. ("Applicant"), submitted an application to the Planning Department for approval of
Development Agreement No. 2005-00003 (the "Application"), which included a proposed development
agreement (hereinafter referred to as the "Development Agreement") prepared in conformance with the
Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address
the implementation of the Stadium Park Residential Project; and
WHEREAS, the Development Agreement pertains to a portion of 14.46 acres of real
property in the City of Anaheim (4.25 acres), equitably owned by the Applicant, commonly known as 1515
East Katella Avenue (the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay
(Katella District), and more particularly shown and described on Exhibit "A", which is attached hereto and
incorporated herein by this reference; and
WHEREAS, Applicant desires to develop the Property in accordance with the provisions of
the Development Agreement by developing a multiple family residential project consisting of 255 residential
dwelling units and an 521 space parking structure, as more particularly set forth in Final Site Plan No. 2004-
00007 and Tentative Tract Map No. TTM 16831 (hereinafter. collectively referred to as the "Project"); and
WHEREAS, on April 5, 2005, the Plannjng Director approved Final Site Plan No. 2004-
00007 to provide for the development of the Stadium .Park Residential Project, contingent upon the approval
of Tentative Tract Map No. TTM 16831 and Development Agreement Nos. 2005-00001, 2005-00002, and
2005-00003, by the Planning Commission and City Council; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, at 6:00 p.m., notice of said public 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 Development Agreement and Tentative Tract Map No. TTM 16831
and to investigate and make findings and recommendationss'in connection therewith; and
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility
requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon
completion, the Project will result in the construction of 255 dwelling units and a 521 space parking .structure
within a period of not more than five (5) years; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at
said hearing, does find and determine that the Development Agreement meets the following standards set
forth in the Procedures Resolution:
1. That the Project is consistent with the City's existing General Plan in that it is in conformance with the
General Plan Mixed Use land use designation and with the goals, policies and objectives for The
Platinum Triangle as set forth in the General Plan.
2. That the Project is compatible with the uses authorized in and the regulations prescribed for the
applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements
as set forth in Final Site Plan No. 2004-00007, which was approved by the Planning Director, and
-2- PC2005-
Tentative Tract Map No. TTM 16831, which was approved by the Planning Commission on April 18,
2005. ..
3. That the Project is compatible with the orderly development of property in the surrounding area in that it
is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU
Overlay Zone requirements.
4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of
Anaheim.
5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and
authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers
and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures
Resolution.
7. That no one indicated their presence at said public hearing in opposition; and that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the Development Agreement in conjunction with the proposed Tentative Tract
Map No. TTM 16831; and did find and determine, by motion, pursuant to the provisions of the Cafifomia
Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study
conducted pursuant to CEQA for the Development Agreement and Conditional Use Permit, and the
requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, and the evidence received at the public hearing, that FEIR No. 330 previously
certified by the City Council for the Amended General Plan and related projects, together with the Updated
and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative
Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation
Monitoring Program No. 128 are adequate to serve as the required environmental documentation for this
Development Agreement and Conditional Use Permit and satisfy all of the requirements of CEQA, and that
no further environmental documentation need be prepared for this Development Agreement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and
determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval
of the Application and the Development Agreement.
THE FOREGOING RESOLUTION was,arJopted at the Planning Commission meeting of
April 18, 2005. 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3-
PC2005-
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 was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2005.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
i
-4- PC2005-
Develop eat Agreement
and Final Site Plan
Attachments Ava~able
For Review Upon
Request at the Planning
Department Public
Couater