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RES-2007-170RESOLUTION NO. 2007 -170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PREVIOUSLY ADOPTED FINAL SUBSEQUENT ENVIRONMENTL IMPACT REPORT NO. 332 WITH THE THIRD ADDENDUM AND UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM 106A AND MITIGATION MONITORING PLAN NO. 145 ARE ADEQUATE TO SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE PROJECT ACTIONS. WHEREAS, the Anaheim City Council adopted the Anaheim General Plan by Resolution No. 69R -644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004 -95, adopted a comprehensive update to the General Plan for the City of Anaheim (the "2004 General Plan Update and WHEREAS, On October 25, 2005, the Anaheim City Council certified Final Subsequent Environmental Impact Report No. 332, adopting a Statement of Findings of Fact, a Statement of Overriding Considerations and the updated and modified Mitigation Monitoring Program No. 106A "FSEIR No. 332 to provide for the implementation of The Platinum Triangle Master Land Use Plan, and in conjunction with its consideration and approval of General Plan Amendment No. 2004 00420, Miscellaneous Case No. 2005- 00089, Zoning Code Amendment No. 2004 -00036 and a series of related actions; and On June 19, 2007, the Anaheim City Council adopted General Plan Amendment No. 2006 -00449 and approved an amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007 00187) along with a Second Addendum to previously- certified FSEIR No. 332, to increase the maximum number of dwelling units permitted in the Gateway District from 2,075 to a total of 2,142, which would increase the total number of permitted dwelling units in The Platinum Triangle from 9,500 to 9,567; and WHEREAS, the Anaheim City Planning Commission did receive a verified petition for (i) General Plan Amendment No. 2006 -00445 to amend the Land Use Element of the General Plan to increase the maximum office square footage permitted in The Platinum Triangle and to remove the maximum floor area ratio (FAR) in The Platinum Triangle Mixed Use (PTMU) Overlay Zone, Orangewood District, (ii) Miscellaneous Case No. 2007 -00202 to amend The Platinum Triangle Master Land Use Plan to establish the Orangewood District, (iii) Zoning Code Amendment No. 2007 -00060 to amend the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Chapter 18.20 of the Anaheim Municipal Code) to establish the Orangewood District, (iv) Conditional Use Permit No. 2007 -05222 to construct a 20- story, 311 -foot, high -rise office building and to permit sales of alcoholic beverages for on- premises consumption in a proposed restaurant, (v) Reclassification No. 2007 00207, and (vi) approve and adopt Development Agreement No. 2007 -00001 (collectively the "Project for certain real property as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, generally known as 2210 -2220 East Orangewood Avenue and 2130 and 2231 Dupont Drive; 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. 2006 00445, (ii) Miscellaneous Case No. 2007 -00202 to amend The Platinum Triangle Master Land Use, (iii) Zoning Code Amendment No. 2007 00060, (iv) Conditional Use Permit No. 2007 05222, (v) Reclassification No. 2007 00207, and (vi) approve and adopt Development Agreement No. 2007 00001, which actions shall hereafter be collectively referred to herein as the "Discretionary Actions"; and WHEREAS, the City of Anaheim desires and intends to use previously certified FSEIR No. 332 and the Third Addendum to FSEIR No. 332 prepared in connection with said Project, together with updated and modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145, as the environmental documentation required by CEQA and the State CEQA Guidelines for each of the above referenced Discretionary Actions to the extent authorized by law; and WHEREAS, said previously- certified FSEIR No. 332 and the Third Addendum, together with updated and modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145, 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 July 23, 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 said Discretionary Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said previously certified FSEIR No. 332 and the Third Addendum, together with updated and modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim, pursuant to the provisions of CEQA, that the City Council, as lead agency for the Project, -2- finds and declares, based upon its independent review and consideration of the Third Addendum to previously certified FSEIR No. 332 prepared in connection with the Project, together with updated and modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously certified FSEIR No. 332 and the Third Addendum to FSEIR No. 332, together with updated and modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145, are adequate to serve as the required environmental documentation for said Project and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for said Project. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 stday of August; 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE 66322.v 1 /MGordon CITY ANAHEIM MAYOR OF THE Y ANAHEIM EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 15, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 34 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY. EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCR5IBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THEREOF; WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AD 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, AS RESERVED IN DEED RECORDED OCTOBER 29, 1972 IN BOOK 10494, PAGE 484, OFFICIAL RECORDS. APN: 083 272 -02 Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCELS 14 AND 16, AS SHOWN ON A MAP FILED BOOK 30, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCRIBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THERETO, WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AND 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE IF SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, AS RESERVED IN DEED RECORDED OCTOBER 29, 1972 IN BOOK 10494, PAGE 484 OF OFFICIAL RECORDS. APN: 083 272 -01 and 083 272 -07