RES-2008-038 (2)RESOLUTION NO. 2008 -038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) CERTIFYING FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT NO. 2006 00334, (ii)
ADOPTING FINDINGS OF FACT AND STATEMENT OF
OVERRIDING CONSIDERATIONS IN CONNECTION
THEREWITH, (iii) ADOPTING UPDATED AND MODIFIED
MITIGATION MONITORING PROGRAM NO. 106B, AND (iv)
ADOPTING THE WATER SUPPLY ASSESSMENT FOR THE
PROJECT.
WHEREAS, on February 13, 2007, the City Council initiated (i) General Plan
Amendment No. 2007 00454; (ii) Zoning Code Amendment No. 2007 00056; (iii) an
amendment to The Platinum Triangle Master Land Use Plan (MIS2007- 00188); (iv)
Reclassification No. 2007 00196; (v) an amendment to The Platinum Triangle Standardized
Development Agreement (MIS2007- 00203); and (vi) further discretionary actions described in
Draft Subsequent Environmental Impact Report No. 2006 -00334 (the "Draft SEIR pertaining
to The Platinum Triangle (herein collectively referred to as 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. 2007 00454; (ii)
Zoning Code Amendment No. 2007 00056; (iii) an amendment to The Platinum Triangle Master
Land Use Plan (MIS2007- 00188); (iv) Reclassification No. 2007 00196; (v) an amendment to
The Platinum Triangle Standardized Development Agreement (MIS2007- 00203); and (vi)
further discretionary actions described in Draft Subsequent Environmental Impact Report No.
2006 -00334 (the "Draft SEIR 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 SEIR and has consulted with other public agencies, and the general public and given them
an opportunity to comment on said Draft SEIR 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 SEIR 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 SEIR, 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 SEIR; and, Mitigation Monitoring Program No. 106B, have been
compiled in the Response to Comments document and together with the Draft SEIR comprise
Final Environmental Impact Report No. 2006 -00334 (the "Final SEIR 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 Platinum Triangle
Expansion Project Environmental Impact Report Findings of Fact and Statement of Overriding
Considerations, relating to the Final SEIR, 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 SEIR 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 SEIR 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 December 10, 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 SEIR and the Project and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, the Anaheim City Planning Commission did find and determine and
recommend, by its Resolution No. 2007 -234 that the City Council, based upon its independent
review of Final Supplemental Environmental Impact Report No. 334 "Final SEIR and unless
additional or contrary information is received during the City Council's public hearing on the
Project, certify the Final SEIR and adopt the Statement of Findings of Fact and Statement of
Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No.
106B, 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 determine that said Final SEIR,
together with the Statement of Findings of Fact and Statement of Overriding Considerations and
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the Updated and Modified Mitigation Monitoring Program No. 106B, fully complies with
CEQA, reflects the independent judgment of the City Council and is adequate to serve as the
required environmental documentation for the Discretionary Actions, and that no further
environmental documentation need be prepared for said Discretionary Actions; and
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, or equivalent water demand for shopping centers, business
establishments, and commercial developments; and
WHEREAS, a combined WSA, dated May 2007, has been prepared for the
proposed Project and the Kaiser Permanente Medical Center (KPMC) Project in accordance with
applicable sections of the Public Resources Code and California Water Code as referenced in
Senate Bill 610 the Project; and
WHEREAS, the WSA concludes that a sufficient water supply and reliability to
the City, now and into the future, including a sufficient water supply for The Platinum Triangle
with the proposed development intensification within the Project, as well as for the Kaiser
Permanente Medical Center Project; and
WHEREAS, at its meeting on December 10, 2007, the Anaheim City Planning
Commission did considered the proposed WSA and recommended that the City Council adopt
the WSA; and
WHEREAS, the City Council did fix the 11th day of December, 2007, as the
time, and the City Council Chamber in the Civic Center as the place for a public hearing on said
proposed Final SEIR and WSA and did give notice thereof in the manner and as provided by
law; and
WHEREAS, on December 11, 2007, the City Council did duly hold and conduct
such public hearing and did give all persons interested therein an opportunity to be heard, and
did receive evidence and reports at said hearing; and
WHEREAS, on December 11, 2007, the City Council, after due inspection,
investigation and studies made by itself and in its behalf and after due consideration of all
evidence and reports offered at said hearing, did adopt its Resolution No. 2007 -234 certifying
Final SEIR and adopting the Statement of Findings of Fact and Statement of Overriding
Considerations and the Updated and Modified Mitigation Monitoring Program No. 106B; and
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WHEREAS, thereafter, on December 27, 2007, after the City Council adopted its
Resolution No. 2007 -234 certifying Final SEIR and adopting the Statement of Findings of Fact
and Statement of Overriding Considerations and the Updated and Modified Mitigation
Monitoring Program No. 106B, but within the time prescribed by law, an opponent of the
Project, Citizens for Responsible Equitable Environmental Development "Appellant did
appeal the Planning Commission's decision to the City Council; and
WHEREAS, the following described litigation has been filed, and is currently
pending, seeking to (i) set aside the actions taken by the City Council relating to the Project, and
(ii) compel the City of Anaheim to conduct a further public hearing on Appellant's appeal
"before final approval of the proposals made for the Project may be granted:" Citizens for
Responsible Equitable Environmental Development v. City of Anaheim, Orange County Superior
Court Cases No. 30- 2008 00103422; and
WHEREAS, the City Council, in response to the request for appeal and the civil
action filed by Appellant did set the Project for a further de novo public hearing, which public
hearing was duly noticed in the manner provided by law; and
WHEREAS, the City Council did fix the 8th day of April, 2008, as the time, and
the City Council Chamber in the Civic Center as the place for a further public hearing on the
Project actions, including its review and consideration of Final SEIR and WSA prior to the final
approval of and commitment to said Project, and did give notice thereof in the manner and as
provided by law; and
WHEREAS, both the Final SEIR 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 00334, 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 Depail.ment and which are
incorporated herein by this reference as if set forth in full, and determines that said Final
Environmental Impact Report No. 2006 -00334 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. 106B" 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.
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BE IT FURTHER RESOLVED that the Water Supply Assessment for the Project
is hereby approved and adopted and ordered filed with the City Clerk.
BE IT FURTHER RESOLVED that this Resolution supersedes Resolution No.
2007 -234 heretofore approved by the City Council on December 11, 2007.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 8th day of April 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring
NOES: Council Member Galloway
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
67332.v2\MGordon
CITY OF AHEIM
By:
MAYOR OF THE Y F ANAHEIM
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