RES-2007-170RESOLUTION NO. 2007 -170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT THE
PREVIOUSLY ADOPTED FINAL SUBSEQUENT
ENVIRONMENTL IMPACT REPORT NO. 332 WITH THE
THIRD ADDENDUM AND UPDATED AND MODIFIED
MITIGATION MONITORING PROGRAM 106A AND
MITIGATION MONITORING PLAN NO. 145 ARE
ADEQUATE TO SERVE AS THE REQUIRED
ENVIRONMENTAL DOCUMENTATION FOR THE
PROJECT ACTIONS.
WHEREAS, the Anaheim City Council adopted the Anaheim General Plan by
Resolution No. 69R -644, showing the general description and extent of possible future development
within the City; and
WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004 -95,
adopted a comprehensive update to the General Plan for the City of Anaheim (the "2004 General
Plan Update and
WHEREAS, On October 25, 2005, the Anaheim City Council certified Final
Subsequent Environmental Impact Report No. 332, adopting a Statement of Findings of Fact, a
Statement of Overriding Considerations and the updated and modified Mitigation Monitoring
Program No. 106A "FSEIR No. 332 to provide for the implementation of The Platinum Triangle
Master Land Use Plan, and in conjunction with its consideration and approval of General Plan
Amendment No. 2004 00420, Miscellaneous Case No. 2005- 00089, Zoning Code Amendment No.
2004 -00036 and a series of related actions; and
On June 19, 2007, the Anaheim City Council adopted General Plan Amendment No.
2006 -00449 and approved an amendment to the Platinum Triangle Master Land Use Plan
(Miscellaneous Case No. 2007 00187) along with a Second Addendum to previously- certified
FSEIR No. 332, to increase the maximum number of dwelling units permitted in the Gateway
District from 2,075 to a total of 2,142, which would increase the total number of permitted dwelling
units in The Platinum Triangle from 9,500 to 9,567; and
WHEREAS, the Anaheim City Planning Commission did receive a verified petition
for (i) General Plan Amendment No. 2006 -00445 to amend the Land Use Element of the General
Plan to increase the maximum office square footage permitted in The Platinum Triangle and to
remove the maximum floor area ratio (FAR) in The Platinum Triangle Mixed Use (PTMU) Overlay
Zone, Orangewood District, (ii) Miscellaneous Case No. 2007 -00202 to amend The Platinum
Triangle Master Land Use Plan to establish the Orangewood District, (iii) Zoning Code Amendment
No. 2007 -00060 to amend the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Chapter 18.20
of the Anaheim Municipal Code) to establish the Orangewood District, (iv) Conditional Use Permit
No. 2007 -05222 to construct a 20- story, 311 -foot, high -rise office building and to permit sales of
alcoholic beverages for on- premises consumption in a proposed restaurant, (v) Reclassification No.
2007 00207, and (vi) approve and adopt Development Agreement No. 2007 -00001 (collectively the
"Project for certain real property as more particularly described in Exhibit "A" attached hereto
and incorporated herein by this reference, generally known as 2210 -2220 East Orangewood Avenue
and 2130 and 2231 Dupont Drive; 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 00445, (ii) Miscellaneous Case No.
2007 -00202 to amend The Platinum Triangle Master Land Use, (iii) Zoning Code Amendment No.
2007 00060, (iv) Conditional Use Permit No. 2007 05222, (v) Reclassification No. 2007 00207, and
(vi) approve and adopt Development Agreement No. 2007 00001, which actions shall hereafter be
collectively referred to herein as the "Discretionary Actions"; and
WHEREAS, the City of Anaheim desires and intends to use previously certified
FSEIR No. 332 and the Third Addendum to FSEIR No. 332 prepared in connection with said
Project, together with updated and modified Mitigation Monitoring Program No. 106A and
Mitigation Monitoring Plan No. 145, as the environmental documentation required by CEQA and
the State CEQA Guidelines for each of the above referenced Discretionary Actions to the extent
authorized by law; and
WHEREAS, said previously- certified FSEIR No. 332 and the Third Addendum,
together with updated and modified Mitigation Monitoring Program No. 106A and Mitigation
Monitoring Plan No. 145, 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 23, 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 said Discretionary
Actions and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said previously certified FSEIR No. 332 and the Third Addendum,
together with updated and modified Mitigation Monitoring Program No. 106A and Mitigation
Monitoring Plan No. 145, has been presented to the City Council 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 City Council of the City of
Anaheim, pursuant to the provisions of CEQA, that the City Council, as lead agency for the Project,
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finds and declares, based upon its independent review and consideration of the Third Addendum to
previously certified FSEIR No. 332 prepared in connection with the Project, together with updated
and modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145,
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
previously certified FSEIR No. 332 and the Third Addendum to FSEIR No. 332, together with
updated and modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan
No. 145, are adequate to serve as the required environmental documentation for said Project and
satisfy all of the requirements of CEQA, and that no further environmental documentation need be
prepared for said Project.
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
66322.v 1 /MGordon
CITY ANAHEIM
MAYOR OF THE Y ANAHEIM
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Anaheim, County of Orange, State of California, described as follows:
PARCEL 15, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 34 OF PARCEL MAPS,
RECORDS OF ORANGE COUNTY.
EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND
MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE
ABOVE DESCR5IBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS
THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THEREOF;
WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY
PORTION OF THE SURFACE AD 500 FEET BELOW THE SURFACE, MEASURED
VERTICALLY FROM THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DRILLING
FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE
HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL
SUBSTANCES, AS RESERVED IN DEED RECORDED OCTOBER 29, 1972 IN BOOK 10494,
PAGE 484, OFFICIAL RECORDS.
APN: 083 272 -02
Real property in the City of Anaheim, County of Orange, State of California, described as follows:
PARCELS 14 AND 16, AS SHOWN ON A MAP FILED BOOK 30, PAGE 34 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND
MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE
ABOVE DESCRIBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS
THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THERETO,
WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY
PORTION OF THE SURFACE AND 500 FEET BELOW THE SURFACE, MEASURED
VERTICALLY FROM THE SURFACE IF SAID LAND, FOR THE PURPOSE OF DRILLING
FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE
HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL
SUBSTANCES, AS RESERVED IN DEED RECORDED OCTOBER 29, 1972 IN BOOK 10494,
PAGE 484 OF OFFICIAL RECORDS.
APN: 083 272 -01 and 083 272 -07