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RES-2007-212RESOLUTION NO. 2007 -212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2007- 00337, (ii) ADOPTING FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION THEREWITH, AND (iii) ADOPTING MITIGATION MONITORING PROGRAM NO. 147. WHEREAS, the City did receive requests for Conditional Use Permit No. 2006- 05146, Specific Plan Amendment No. 2007 00048, Development Agreement No. 2007 00003, and Tentative Parcel Map No. 2007 -195 (collectively, 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) Conditional Use Permit No. 2006 05146, (ii) Specific Plan Amendment No. 2007 00048, (iii) Development Agreement No. 2007 00003, and (iv) Tentative Parcel Map No. 2007 -195, and future discretionary actions described in Draft Environmental Impact Report No. 2007 -00337 (the "Draft EIR 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 EIR and has consulted with other public agencies, and the general public and given them an opportunity to comment on said Draft EIR 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 EIR 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 EIR, 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 EIR; and, Mitigation Monitoring Program No. 147 (Appendix "A have been compiled in the Response to Comments document and together with the Draft EIR comprise Final Environmental Impact Report No. 2007 -00337 (the "Final EIR 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 Kaiser Permanente Orange County Anaheim Medical Center project Environmental Impact Report Findings of Fact and Statement of Overriding Considerations, relating to the Final EIR, 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 EIR 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 EIR 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 Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 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 EIR and the Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission considered issues relating to global warming impacts in light of AB32, pending issuance of interim guidelines to be issued by the South Coast Air Quality Management District and development of a plan by the California Air Resources Board to establish how California will meet its greenhouse gas (GHS) emissions target; and WHEREAS, upon consideration of the information and evidence presented, the Planning Commission did find and determine that the development associated with the Project will not have a significant impact on global warming in that there is insufficient evidence to establish such an impact, and further based on the following: The City has required numerous energy saving design standards incorporated into the project including installation of energy conservation techniques detailed, in part, in Mitigation Measures 1 -1 and 1 -2; Balanced land uses, housing near employment opportunities and public transportation centers in close proximity to the Project, such as the Metrolink train station, provide excellent transportation alternatives within The Northeast Area; The City has required the applicant to implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees as detailed in Mitigation Measures 7 -land 7 -2, thereby further reducing vehicle miles traveled and decreasing the project's contribution to global climate change. WHEREAS, said Final EIR has been presented to the City Council 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 that the City of Anaheim does hereby certify Final Environmental Impact Report No. 2007 00337, 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 Department and which are incorporated herein by this reference as if set forth in full, and determines that said Final Environmental Impact Report No. 2007 -00337 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. 147" 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 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 6th day of November 2007, by the following roll call vote: AYES: Mayor Pringle, Councilmembers Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTES 67063.vl\MGordon ERK OF THE OF ANAHEIM By: CITY OF EIM MAY b OF THE CITY C ``T HEIM