Resolution-PC 2005-119~ . .
RESOLUTION NO. PC2005-119
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION '
RECOMMENDING THAT CITY COUNCIL (A) CERTIFY SUBSEQUENT
.' ENVlRONMENTAL IMPACT REPORT N0. 332, (B) ADOPT A
STATEMENT OF FINDINGS'OF FACT AND A STATEMENT OF :
OVERRIDING CONSIDERATIONS'AND (C) ADOPT THE UPDATED
AND MODIFIED MITIGATION MONITORING PROGRAM N0. 106A. ;
WHEREAS, on May 25, 2004, the City Council of the City ofAnaheim, by Resolution No.
2004-04, certified Final Environmenfal Impact Report (FEIR) No. 330 (State Clearinghouse No.'
- 2003041105), adopting Findings of Fact and a Statement of Overriding Considerations, and associated ~
Mitigation'Monitoring Plans (including an Updated and Modified Mitigation Monitoring Program No. 106
for The Platinum Triangle) in conjunction with the consideration and adoption of the citywide General Plan
' and Zoning Code Update Program and related actions; and '
WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The
Platinum Triangle Master Land Use Plan by Resolution No.2004-178 and The Platinum Triangle
Standardized Development Agreement by Resolution No. 2004-179 and on August 24, 2004,, the City
Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No. 5935 and, in;
adopting said Resolutions and Ordinance, determined that the previously-certified FEIR No. 330 and the
Updated and Modified Mitigation Monitoring Program No. 106"for The Platinum Triangle were adequate to
serve as the required environmental documentation for said actions. The City Council further determined
that future individual development projects and infrastructure improvements proposed to implement The
Platinum Triangle Master Land Use Plan and the PTMU Oyerlay Zone would require additionaL
environmental review and analysis of potential environmental impacts in conjunction with the processing
of discretionary applications; and
WHEREAS, The Platinum Triangle comprises approximately 820 acres located at#he
confluence of the lnterstate 5 Freeway and the SR-57 Freeway in the City of Anaheim, County of Orange,
State of California, generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and
SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit
area and which area is further depicted in Figure LU-5 (Areas of the City with Special Density Limitations)
of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and
WHEREAS; on July 13, 2004, the Anaheim City Council directed staff to prepare a
Subsequent Environmental lmpact Report to serve as the primary environmental documentation for
subsequent actions to implement the adopfed Platinum Triangle Master Land Use Plan, the Platinum
Triangle Mixed Use (PTMU) Overlay Zone and The Platinum Triangle Standardized Development
Agreement including, but not limited to, the approval of subdivision maps, grading permits, street
improvement plans, final site plans, development agreements and other related actions for properties
located within The Platinum Triangle (hereinafter referred to as "Project Implementation Actions"); and
WHEREAS, on March T, 2005, the Anaheim Planning Commission by motion, initiated
applications and proceedings pertaining to The Platinum Triangle including General Plan Amendment No.
2004-00420, Zoning Code Amendment No. 2004-00036, Miscellaneous Case No. 2004-00089 to amend
~ The Platinum Triangle Master Land Use Plan; Miscellaneous Case No. 2005-00114 to amend The
Platinum Triangle Standardized Development Agreement, Miscellaneous Case No. 2005-00115to
rescind in-part of the Resolution of Intent pertaining to reclassification of the North Net Fire Training
Center site and Reclassification No. 2004-00134; and, on June 13, 2005, initiated General Plan
Amendment No. 2004-00420 (Tracking No. GPA 2005-00432) (hereinafter collectively referred to as the
"Project Discretionary Actions"); and
WHEREAS, the Project Implementation Actions pertaining to the adopted Platinum Triangle
Master Land Use Plan, the Platinum Triangle Mixed Use (PTMU) Overlay Zone and The Platinum
Triangle Standardized Development Agreement and the Project Discretionary Actions initiated by the
Planning Gommission on March 7, 2005 and June 13, 2005 pertaining to The Platinum Triangle, shaU
hereafter be collectively-referred to herein as the "Project"; and
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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 thelmplementation 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, asamended, ("CEQA") and the State of California Guidelines.forthe
implementation of the California Environmental Quality Act (the "State Guidelines") since said Project '
, requires`approval of discretionary actions by the City of Anaheim; and
WHEREAS, the City of Anaheim has prepared, or caused to be prepared, the Draft
Subsequent Environmental ImpactReport No. 332 (hereinafter referred to as "DSEIR") to serve as the
environmental documentation for the Project, and has consulted with other public.agencies, and the
general public and given them an opportunity to comment on said DSEIR'as required by theprovisions of
~ CEQA and the State Guidelines, as more fully described in the Staff Report to the Planning Commission
~ ~ dated August 22, 2005, which is incorporated herein,by this reference; and
WIiEREAS, the City of Anaheim has evaluated the comments received from public
agencies and persons who reviewed said DSEIR and has prepared responses to the comments received
during the public review period; and '
WHEREAS, said comments and recommendations received on said DSEIR; a list of '
persons, organizations and public agencies commenting on the DSEIR; and the responses of the City of
Anaheim to significant environmental points raised in the review and consultation process have been
attached to and made a part of said DSEIR in a Response to Comments document dated August 12,
2005; and
WHEREAS, said DSEIR, the Response to Comments document dated August 12,:2005,
the Updated and Modified Mitigation Monitoring Program No. 106A and all documents submitted as part
of thepublic record on DSEIR form the Final Subsequent EIR for said Project as required by Section
15132 of the State Guidelines ("FSEIR No. 332"); and
WHEREAS, the City ofAnaheim has prepared a draft Statement of Findings of Fact and a _
Statement of Overriding Considerations relating to FSEIR No. 332 in conformance with the requirements
: of CEQA and the State Guidelines; and
WHEREAS, the City of Anaheim desires and intends to use FSEIR Na 332 as the
environmental documentation required by CEQA and the State Guidelines for the above referenced
Project Implementation Actions and Discretionary Actions to the extent authorized by law; and,
WHEREAS, said FSEIR and Statement of Findings of Fact and Stafement of Overriding
Considerations and the Discretionary Actions have 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 Discretionary Actions; and
WHEREAS, the Anaheim Planning Commission did ho(d a public hearing at the Anaheim
Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 22, 2005, 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 (Procedures), to hear and consider evidence for and against
said FEIR and the Discretionary Actions and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, the August 22, 2005 staff report to the Anaheim City Planning Commission
included an errata in Attachment 1A to said report as follows:
"Volume I; Page 5-182; second paragraph - The threshold of significance for traffic impacts
is apeak hour LOS worse than "D" with an increase in the lntersection Gapacity Utilization
ratio of greater than 0.01. When the'Proposed MLUP conditions is compared with the
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current MLUP, mitigation will be required for any intersection which increases the peak
hour ICU by at least 0.01 and is projected to operate at LOS E or F."
WHEREAS, at the public hearing, the Anaheim City Planning,Commission added fhe
following mitigation measure MM 5.10-7 to the Statement of Findings of Fact and Statement of Overriding
Considerations and Mitigation Monitoring program No.106A, to address comments received from
. California Departmenf of Transportation (Caltrans).
"The DSEIR analyzes aU l-5 and SR-57 ramps using the Intersection Capacity Utilization
(ICU) methodology in accordance with City of Anaheim and County of Orange traffic study
requirements. However, consistent with responses to comments set forth in FEIR Na 330
and in response to commenfs submitted by the Departmenf of Transportation on fSEIR '
No. 332, the City of Anaheim "shall prepare a traffic study analyzing state transportation
facilities (1-5 and SR-57freeway intersections, including an analysis:of ramp storage) for
' The Platinum Triangle prior to the issuance of the first building permit following certification
of FSEIR Na 332 for those projects thaf are not vested at the time the FSEIR is certified.
The traffic study shall be prepared using Highway Capacity Manual'(HCM) methodology
and shaU be prepared to the satisfaction of the City of Anaheim Public Works Departmenf
and the Department of Transportation (Caltrans). The'study shall identify required
improVements (intersection and/or ramp improvements) to maintain adequate levels of
senrice for Caltrans facilities (Level of Service "D") required by the City and Caltrans (the
Orange County Congestion Management Program requires a Level of Service "E°) and
shall identify fair share participation for those improvements. Prior to the issuance of each
building permit, property owner/developers shall pay fair share fees for the required
improvements identified by the traffic study unless another financial mechanism is adopted
by the City of Anaheim to pay for said improvements:" .
WHEREAS, said FSEIR and Statement of Findings of Fact and Statement of Overriding
Considerations and the Discretionary Actions will be scheduled for a duly noticed public hearing before
the Anaheim City CounciL
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim that the Planning Commission, based upon its review of theProject, FSEIR No. 332, and the
Statement of Findings of Fact and Statement of Overriding Considerations, and having considered
evidence presented at the public hearing on said FSEIR and the Project, asrevised to add MM 5.10-7,
does hereby recommend that the City Council, as lead agency for the Project, independently review and
analyze FSEIR Na 332, and unless additional or contrary information is received during the City -
CounciPs public hearing on the Project, certify FSEIR No. 332 including the errata from the August 22,
2005, staff report to the City of Maheim Planning Commission set forth herein, and adopt the attached
Statement of Findings of Fact and Statement of Overriding Considerations, a copy of which is attached
hereto marked Exhibit 1 to this Resolution, and which' is incorporated herein by this reference as if set
forth in full and determine that FSEIR Na 332 fully complies with CEQA, reflects the independent
judgment of the City Council and is adequate to serve as the required environmental documentation for
the Project, including the Project Implementation Actions and Discretionary Actions to the extent
authorized by law.
BE IT FURTHER RESOLVED that pursuant to Section 21081.6 of the Public Resources
Code, the Planning Commission hereby recommends that the City Council adopt that certain monitoring
program described as the "Updated and Modified Mitigation Monitoring Program No. 106A", as revised to
add MM 5.10-7, to mitigate or avoid significant effects on the environment to ensure compliance during .
project implementation, a copy of which is attached hereto marked Exhibit 2 to this Resolution, and which
is incorporated herein by this reference as if set forth in full.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 22, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General". of the Anaheim Municipal Code pertaining to appeal procedures and may be,
replaced by a City Council Resolution in the event of an appeal. .
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CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION
ATTEST:
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SENIORSECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )'
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
I, Eleanor Morris, Senior'Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on August 22, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES,'KARAKI, PEREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VELASQUEZ '
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
,St p -~ ~ M 1..~.`.2005.
,r~ ~~2Z~u~
SENIOR SECRETARY, ANAHEIM PLANNINGCOMMISSION