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RES-2008-177RESOLUTION NO. 2008-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NOS. 2007- 234 AND 2008 -038 CERTIFYING FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2006 00334, ADOPTING FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION THEREWITH, ADOPTING UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106B, AND ADOPTING WATER SUPPLY ASSESSMENT. 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; and (v) further discretionary actions described in Subsequent Environmental Impact Report No. 2006 00334, pertaining to The Platinum Triangle Expansion Project (hereinafter collectively referred to as the "Project or Project Actions 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; 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); and WHEREAS, on December 10, 2007, following a duly noticed public hearing, the Anaheim City Planning Commission did approve and recommend that (i) the City Council certify Subsequent Environmental Impact Report No. 2006 -00334 and adopt the Findings of Fact and Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No. 106B and approve the Water Supply Assessment (MIS 2007 00218) prepared for the Project, and (ii) approve the Project Actions; and WHEREAS, on December 11, 2007, following a duly noticed public hearing, the City Council adopted its Resolution No. 2007 -234 (i) certifying Subsequent Environmental Impact Report No. 2006 -00334 and adopting Findings of Fact and Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No. 106B (hereinafter collectively referred to as "SEIR No. 2006 00334 and approving the Water Supply Assessment (MIS 2007 00218) "WSA prepared for the Project and (ii) approved the Project Actions; and WHEREAS, on April 8, 2008, following a duly noticed public hearing, the City Council adopted its Resolution No. 2008 -038 (i) re- certifying SEIR No. 2006 -00334 and approving the WSA prepared for the Project, and (ii) re- approved the Project Actions; and WHEREAS, the City Council desires to set aside its approval of the Project Actions and the related subsequent environmental impact report, SEIR No. 2006 00334, and WSA prepared for the Project; and rescind Resolution Nos. 2007 -234 and 2008 -038 relating to the approval of SEIR No. 2006 -00334 and the WSA prepared for the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That City Council approval of SEIR No. 2006 -00334 and the WSA prepared for the Project is hereby rescinded. SECTION 2. That Anaheim City Council Resolutions Nos. 2007 -234 and 2008 -038, which heretofore approved SEIR No. 2006 -00334 and the WSA, be, and the same are hereby, rescinded in their entirety. SECTION 3. That Anaheim City Council Resolutions Nos. 2007 -234 and 2008 -038, and SEIR No. 2006 -00334 and the WSA, shall be of no further force and effect. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of October 2008, by the following roll call vote: AYES: NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kling 40 CITY LERK OF THE CITY 0 ANAHEIM 70642.v2\MGordon 3 MAYOR OF THE CITY OF ANAHEIM