2005-206RESOLUTION N0. 2x45_206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i} CERTIFYING SUBSEQUENT FINAL
ENVIRONMENTAL IMPACT REPORT N0.332, (ii}ADOPTING
A STATEMENT OF FINDINGS OF FACT AND STATEMENT OF
OVERRIDING CONSIDERATIONS IN CONNECTION
THEREWITH, AND (iii) ADOPTING THE UPDATED AND
MODIFIED MITIGATION MONITORING PROGRAM NO.106A
WHEREAS, the Anaheim City Planning Commission has duly initiated General Plan
Amendment No. 2004-00420, Zoning Code Amendment No. 2004-0003b, Amendment to The
Platinum Triangle Master Land Use Plan (Misc. Case No. 2004-00089), Amendment to The
Platinum Triangle Standardized Development Agreement (Misc. Case No. 2005-00114), and
Miscellaneous Case No. 2005-00115 to rescind in-part Resolution No. 2004-180 and
Reclassification No.2004-00134 (collectively, the "project"), pertaining to The Platinum Triangle;
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
Guidelines ) since said project requires approval of the following proposed discretionary actions by
the City of Anaheim: (i) General Plan Amendment No.2004-00420; (ii} Zoning Code Amendment
No. 2004-0003b; (iii) Amendment to The Platinum Triangle Master Land Use Plan (Misc. Case No.
2(~4-()0089); (iv}Amendment to The Platinum Triangle Standardized Development Agreement
(Misc. Case No. 2005-00114); and (v) Miscellaneous Case No. 2005-001 l5 to rescind in-part
Resolution No. 2004-180 and Reclassification No. 2004-00134, which actions shall hereafter be
cc}llectively referred to herein as the "discretionary actions"; and
WHEREAS, the City of Anaheim has prepared, or caused to be prepared, the Draft
Subsequent Environmental Impact Report No. 332 (hereinafter referred to as "DSEIR") and has
consulted with other public agencies, and the general public and given them an opportunity to
comment on said DSEIR 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 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, either
verbatim or in summary; 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; and
WHEREAS, said DSEIR, the Response to Comments, the Updated and Modified
Mitigation Monitoring Program No. l ObA and all documents submitted as part of the public record
on said DSEIR form the Final Subsequent Environmental Impact Report for said project as required
by Section 15132 of the State Guidelines ("FSEIR No. 332"); and
WHEREAS, the City of Anaheim has prepared a draft Statement of Findings of Fact
and Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring
Program No. l ObA 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 No. 332 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, said FSEIR No. 332 and 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 project, which included an
errata to DSEIR, Volume I, Page 5-182, second paragraph, as follows:
"The threshold of significance for traffic impacts is a peak hour LOS
worse than "D" with an increase in the Intersection Capacity
Utilization ratio of greater than 0.01. When the Proposed MLUP
conditions is compared with the 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, on August 22, 2005, the Anaheim City Planning Commission did hold
a public hearing, 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 l 8.60, to hear and consider
evidence for and against said FSEIR No. 332 and discretionary actions and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, at the public hearing, the Anaheim City Planning Commission added
the following mitigation measure MM 5. l 0-7 to the Statement of Findings and Facts and Statement
of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No.1 O6A,
to address comments received from the California Department of Transportation:
"The DSEIR analyzes all I-S 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 No. 330 and
in response to comments submitted by the Department of
Transportation on FSEIR No. 332, the City of Anaheim shall prepare
a traffic study analyzing state transportation facilities (1-5 and SR-57
freeway intersections, including an analysis of ramp storage) for The
Platinum Triangle prior to the issuance of the first building permit
following certification of FSEIR No. 332 for those projects that are
not vested at the time the FSEIR is certified. The traffic study shall
be prepared using Highway Capacity Manual (HCM} methodology
and shall be prepared to the satisfaction of the City of Anaheim
Public Works Department and the Department of Transportation
(Caltrans). The study shall identify required improvements
(intersection andlor ramp improvements) to maintain adequate levels
of service 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
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participation for those improvements. Prior to the issuance of each
building permit, property ownerldevelopers 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 No. 332 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; and
WHEREAS, at the public hearing, the City Council amended mitigation measure MM
S. l ()-7 to the Statement of Findings and Facts and Statement of Overriding Considerations and
Updated and Modified Mitigation Monitoring Program No. 106A, to read as follows:
""The DSEIR analyzes all I-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 No. 330 and
in response to comments submitted by the Department of
Transportation on FSEIR No. 332, the City of Anaheim shall prepare
a traffic study analyzing state transportation facilities (I-5 and SR-57
freeway intersections, including an analysis of ramp storage) for The
Platinum Triangle prior to the issuance of the first building permit
following certification of FSEIR No, 332 for those projects that are
not vested at the time the FSEIR is certiEed. The traffic study shall
be prepared using Highway Capacity Manual (HCM) methodology
and shall be prepared to the satisfaction of the City of Anaheim
Public Works Department and the Department of Transportation
(Caltrans). The study shall identify required improvements
(intersection and/or ramp improvements) to maintain adequate levels
of service for Caltrans facilities (Level of Service "D") required by
Caltrans (the City and 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."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the City of Anaheim does hereby certify Final Subsequent Environmental Impact
Report No. 332, adopting the Statement of Findings of Fact and Statement of Overriding
Considerations for the Project, as revised to amend mitigation measure MM 5.10-7, 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 Subsequent Environmental impact Report No.
332 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
"Updated and Modified Mitigation Monitoring Program No.106A", as revised to amend mitigation
measure MM 5.10-7, to mitigate or avoid significant effects on the environment and to ensure
compliance during project implementation, acopy ofwhich is onfile with the Planning Department
and which 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 ~5~hday of nct~obe~r, 2005, by the following roll call vote:
AYES: Council Members Sidhu, Hernandez, Galloway, Chavez
NOES; None
ABSENT: None
ABSTAIN: Mayor Pringle
CITY OF ANAHEIM
,- ,
~.., . ~
MAYOR OF T E CIT NAHEIM
ATTEST: Mayor Pro Tem
~ ~
CLE K 0 THE CITY OF ANAHEIM
59?51.v 1lmgordon109.10.05
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