RES-2007-234RESOLUTION NO. 2007 -234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) CERTIFYING FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT NO. 2006 00334, (ii)
ADOPTING FINDINGS OF FACT AND STATEMENT OF
OVERRIDING CONSIDERATIONS IN CONNECTION
THEREWITH, (iii) ADOPTING UPDATED AND MODIFIED
MITIGATION MONITORING PROGRAM NO. 106B, AND (iv)
ADOPTING THE WATER SUPPLY ASSESSMENT FOR THE
PROJECT.
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; (v) an amendment to The Platinum Triangle Standardized
Development Agreement (MIS2007- 00203); and (vi) further discretionary actions described in
Draft Subsequent Environmental Impact Report No. 2006 -00334 (the "Draft SEIR pertaining
to The Platinum Triangle (herein collectively referred to as 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) 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; (v) an amendment to
The Platinum Triangle Standardized Development Agreement (MIS2007- 00203); and (vi)
further discretionary actions described in Draft Subsequent Environmental Impact Report No.
2006 -00334 (the "Draft SEIR 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 SEIR and has consulted with other public agencies, and the general public and given them
an opportunity to comment on said Draft SEIR 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 SEIR 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 SEIR, 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 SEIR; and, Mitigation Monitoring Program No. 106B, have been
compiled in the Response to Comments document and together with the Draft SEIR comprise
Final Environmental Impact Report No. 2006 -00334 (the "Final SEIR 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 Platinum Triangle
Expansion Project Environmental Impact Report Findings of Fact and Statement of Overriding
Considerations, relating to the Final SEIR, 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 SEIR 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 SEIR 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 Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on December 10, 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 SEIR and the Project and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, the California Legislature enacted Senate Bill 610 (Water Code
Section 10910) which mandates that the retail water utility must prepare a Water Supply
Assessment (WSA) for any development project that (i) is subject to the California
Environmental Quality Act (CEQA) and (ii) exceeds 500 residential units, or equivalent water
demand for shopping centers, business establishments, and commercial developments; and
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WHEREAS, the proposed development Project is subject to CEQA and consists
of over 500 residential units, or equivalent water demand for shopping centers, business
establishments, and commercial developments; and
WHEREAS, a combined WSA, dated May 2007, has been prepared for the
proposed Project and the Kaiser Permanente Medical Center (KPMC) Project in accordance with
applicable sections of the Public Resources Code and California Water Code as referenced in
Senate Bill 610 the Project; and
WHEREAS, the WSA concludes that a sufficient water supply and reliability to
the City, now and into the future, including a sufficient water supply for The Platinum Triangle
with the proposed development intensification within the Project, as well as for the Kaiser
Permanente Medical Center Project; and
WHEREAS, at its meeting on December 10, 2007, the Anaheim City Planning
Commission did considered the proposed WSA and recommended that the City Council adopt
the WSA; and
WHEREAS, both the Final SEIR and the WSA have been presented to the City
Council 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.
2006 00334, 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. 2006 -00334 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. 106B" 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 which is incorporated herein by this reference as if set forth in
full.
BE IT FURTHER RESOLVED that the Water Supply Assessment for the Project
is hereby approved and adopted and ordered filed with the City Clerk.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 11 thday of December 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Pringle, Council Members Hernanez, Sidhu, Kring
Council Member Galloway
NONE
NONE
ATTEST'
CITY CLERK OF HE OF ANAHEIM
67332.v1\MGordon
CITY OYAMAHEIM
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By:
MAYOR OF THE CIT OF A AHEIM