RES-2007-167RESOLUTION NO. 2007 -167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) CERTIFYING FINAL ENVIRONMENTAL
IMPACT REPORT NO. 2006 00335, (ii) ADOPTING FINDINGS
OF FACT AND STATEMENT OF OVERRIDING
CONSIDERATIONS IN CONNECTION THEREWITH, (iii)
ADOPTING MITIGATION MONITORING PROGRAM NO.
143, AND (iv) ADOPTING THE WATER SUPPLY
ASSESSMENT FOR THE PROJECT.
WHEREAS, the City did receive requests for General Plan Amendment No.
2006 00446, Miscellaneous Case No. 2006 -00162 (Amendment to the Platinum Triangle Master
Land Use Plan), Zoning Code Amendment No. 2007 00054, Conditional Use Permit No. 2006-
05134, Development Agreement No. 2006 00004, and Tentative Tract Map No. 17089
(collectively, the "Project and
WHEREAS, the City of Anaheim is the lead agency for the preparation and
consideration of environmental documents for said Project, as defined in the California
Environmental Quality Act of 1970, as amended, (hereinafter "CEQA and the State of
California Guidelines for the Implementation of the California Environmental Quality Act
(hereinafter "State Guidelines 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. 2006 00446, (ii)
Miscellaneous Case No. 2006 -00162 (Amendment to the Platinum Triangle Master Land Use
Plan), (iii) Zoning Code Amendment No. 2007 00054, (iv) Conditional Use Permit No. 2006-
05134, (v) Development Agreement No. 2006 00004, (vi) Tentative Tract Map No. 17089, and
future discretionary actions described in Draft Environmental Impact Report No. 2006 -00335
(the "Draft EIR which actions shall hereafter be collectively referred to herein as the
"Discretionary Actions;" and
WHEREAS, the City of Anaheim has prepared, or caused to be prepared, the
Draft EIR and has consulted with other public agencies, and the general public and given them
an opportunity to comment on said Draft EIR as required by the provisions of CEQA and the
State Guidelines; and
WHEREAS, the City of Anaheim has evaluated the comments received from
public agencies and persons who reviewed the Draft EIR and has prepared responses to the
comments received during the public review period; and
WHEREAS, in conformance with Section 15132 of the State CEQA Guidelines,
said comments and recommendations received on the Draft EIR, either verbatim or in summary;
a list of persons, organizations and public agencies commenting on the Draft EIR; the responses
of the City of Anaheim to significant points raised in the review and consultation process;
revisions to the Draft EIR; and, Mitigation Monitoring Program No. 143 (Appendix "A have
been compiled in the Response to Comments document and together with the Draft EIR
comprise Final Environmental Impact Report No. 2006 -00335 (the "Final EIR for said Project,
a copy of which is on file with the Planning Department and incorporated herein by this
reference as if set forth in full; and
WHEREAS, in conformance with the requirements of CEQA and State
Guidelines, the City of Anaheim has prepared, or caused to be prepared, The Gene Autry
Experience Environmental Impact Report Findings of Fact and Statement of Overriding
Considerations, relating to the Final EIR, a copy of which is on file in the Planning Department
and incorporated herein by this reference as if set forth in full; and
WHEREAS, the City of Anaheim desires and intends to use the Final EIR as the
environmental documentation required by CEQA and the State Guidelines for each of the above
referenced Discretionary Actions to the extent authorized by law; and
WHEREAS, the Final EIR and 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; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on July 9, 2007, at 2:30 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 the Final
EIR and the Project and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Planning Commission considered issues relating to global
warming impacts in light of AB32, pending issuance of interim guidelines to be issued by the
South Coast Air Quality Management District and development of a plan by the California Air
Resources Board to establish how California will meet its greenhouse gas (GHS) emissions
target; and
WHEREAS, upon consideration of the information and evidence presented, the
Planning Commission did find and determine that the additional units associated with the Project
will not have a significant impact on global warming in that there is insufficient evidence to
establish such an impact, and further based on the following:
The City has required numerous energy saving design standards incorporated
into the project including installation of energy conservation techniques detailed, in part, in
Mitigation Measures 2 -8, 2 -9, 11 -10, 11 -11 and 11 -13;
Balanced land uses, including housing near employment opportunities,
coupled with excellent transportation alternatives within The Platinum Triangle promote use of
the transit options provided by the Orange County Transportation Authority (OCTA);
The recent partnership between the City and OCTA for the development of
the Anaheim Regional Transportation Intermodal Center (ARTIC) can be anticipated to further
reduce vehicle miles traveled and thereby reduce the project's contribution to global climate
change;
Intermodal facilities such as ARTIC are cited by the California Attorney
General as potential mitigation for reducing GHG emissions associated with a project.
WHEREAS, on July 12, 2007, the City of Anaheim received a comment letter
submitted on behalf of the California Department of Transportation, District 12, (the "letter
which was provided to the City Council prior to the public hearing concerning said Project,
which asserted certain concerns relating to impacts to State facilities, including (i) cumulative
impacts resulting from development in The Platinum Triangle pursuant to the proposed Master
Land Use Plan, (ii) methodology for fair -share calculations, and (iii) partnering with the City to
ensure a safe and mobile transportation system for the public; and
WHEREAS, City staff has prepared, or caused to be prepared, a detailed written
response to the letter, and advised the City Council at the public hearing that the comments do
not raise any additional environmental impacts that were not previously analyzed by the Final
EIR based upon the following:
The Final EIR has been prepared in accordance with the Caltrans
recommended methodology, and did not identify any additional impacts to State facilities.
Mitigation measure MM 10 -6 states that the Gene Autry Experience will pay fair share fees for
improvements required to State facilities as identified in the Final EIR and the subsequent traffic
study completed for the City of Anaheim. The additional residential, office and commercial
density referred to in the response letter is a separate project. The EIR associated with the
additional density is currently under public review and has not been approved;
Fair share calculations will be determined at the time of payment of the fair
share fees, using consistent methodology to calculate the equitable share and fair share costs;
The City desires and intends to work with Caltrans as the Project proceeds to
ensure a safe and mobile transportation system for the public.
WHEREAS, the California Legislature enacted Senate Bill 610 (Water Code
Section 10910) which mandates that the retail water utility must prepare a Water Supply
Assessment (WSA) for any development project that (i) is subject to the California
Environmental Quality Act (CEQA) and (ii) exceeds 500 residential units, or equivalent water
demand for shopping centers, business establishments, and commercial developments; and
WHEREAS the proposed development Project is subject to CEQA and consists of
over 500 residential units; and
WHEREAS the Anaheim Public Utilities Department (APUD) has prepared a
WSA, dated January 2007, for the Project, in accordance with Section 10910 of the California
Water Code; and
WHEREAS the WSA concluded that water supplies to serve the City's water
service area, including the Project, are sufficient for the next 20 years; and
WHEREAS, at its meeting on August 6, 2007, the Anaheim City Planning
Commission did considered the proposed WSA and recommended that the City Council adopt
the WSA; and
WHEREAS, both the Final EIR and the WSA have been presented to the City
Council for review and consideration prior to the final approval of, and commitment to, said
Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the City of Anaheim does hereby certify Final Environmental Impact Report No.
2006 00335, adopting the Findings of Fact and Statement of Overriding Considerations for the
Project, a copy of each of which is on file with the Planning Department and which are
incorporated herein by this reference as if set forth in full, and determines that said Final
Environmental Impact Report No. 2006 -00335 fully complies with CEQA, reflects the
independent judgment of the City Council, and is adequate to serve as the environmental
documentation for the Discretionary Actions.
BE IT FURTHER RESOLVED that pursuant to Section 21081.6 of the Public
Resources Code, the City Council hereby adopts that certain monitoring program described as
the "Mitigation Monitoring Program No. 143" to mitigate or avoid significant effects on the
environment and to ensure compliance during project implementation, a copy of which is on file
with the Planning Department and which is incorporated herein by this reference as if set forth in
full.
BE IT FURTHER RESOLVED that the Water Supply Assessment for the Project
is hereby approved and adopted and ordered filed with the City Clerk.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 21 stday of August 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTES
CI CLERK OF THE C ANAHEIM
66329.vl\MGordon
CITY OF AHEIM
By:
MAYOR OF THE C Y 0 AHEIM