RES-2007-212RESOLUTION NO. 2007 -212
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (i) CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT NO. 2007-
00337, (ii) ADOPTING FINDINGS OF FACT AND
STATEMENT OF OVERRIDING CONSIDERATIONS
IN CONNECTION THEREWITH, AND (iii) ADOPTING
MITIGATION MONITORING PROGRAM NO. 147.
WHEREAS, the City did receive requests for Conditional Use Permit No. 2006-
05146, Specific Plan Amendment No. 2007 00048, Development Agreement No. 2007 00003,
and Tentative Parcel Map No. 2007 -195 (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) Conditional Use Permit No. 2006 05146, (ii)
Specific Plan Amendment No. 2007 00048, (iii) Development Agreement No. 2007 00003, and
(iv) Tentative Parcel Map No. 2007 -195, and future discretionary actions described in Draft
Environmental Impact Report No. 2007 -00337 (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. 147 (Appendix "A have
been compiled in the Response to Comments document and together with the Draft EIR
comprise Final Environmental Impact Report No. 2007 -00337 (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 Kaiser Permanente
Orange County Anaheim Medical Center project 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 Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 15, 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 development 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 1 -1 and 1 -2;
Balanced land uses, housing near employment opportunities and public
transportation centers in close proximity to the Project, such as the Metrolink train station,
provide excellent transportation alternatives within The Northeast Area;
The City has required the applicant to implement and administer a
comprehensive Transportation Demand Management (TDM) program for all employees as
detailed in Mitigation Measures 7 -land 7 -2, thereby further reducing vehicle miles traveled and
decreasing the project's contribution to global climate change.
WHEREAS, said Final EIR has been presented to the City Council 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 that the City of Anaheim does hereby certify Final Environmental Impact Report No.
2007 00337, 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. 2007 -00337 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. 147" 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 is incorporated herein by this reference as if set forth in full.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 6th day of November 2007, by the following roll call vote:
AYES: Mayor Pringle, Councilmembers Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTES
67063.vl\MGordon
ERK OF THE OF ANAHEIM
By:
CITY OF EIM
MAY b OF THE CITY C ``T HEIM