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Resolution-PC 2007-149• • RESOLUTION NO. PC2007-149 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION CERTIFYING AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY (i) FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 2006-00334 (ii) FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS (iii) UPDATED AND MODIF'IED MITIGATION MONITORING PROGAM NO. 106B, AND (iv) 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 Implementation of the California Environmental Quality Act (hereinafter "State Guidelines"); and WHEREAS, said Project is subject to compliance with CEQA and the State Guidelines since said Project required 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"), pertaining to The Platinum Triangle, which actions shall hereinafter be collectively referred to as the "Discretionary Actions;" and WHEREAS, in conformance with the requirements of CEQA and State Guidelines, the City of Anaheim has prepared, or caused to be prepared, the Draft Subsequent Environmental Impact Report No. 2006-00334 ("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 said Draft SEIR and has prepared responses to comments received during the public review period; and WHEREAS, in conformance with Section 15132 of the State 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 SEIR; the responses -1- PC2007-149 • • of the City of Anaheim to significant points raised in the review and consultation process; revisions to the Draft SEIR and the Updated and Modified Mitigation Monitoring Program No. 106B, have been compiled in the Response to Comments document and together with the Draft SEIR comprise Final Subsequent Environmental Impact Report No. 2006-00334 ("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 the State Guidelines, the City of Anaheim has prepared, or caused to be prepared, Findings of Fact and Statement of Overriding Considerations, relating to 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 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 said Final SEIR and the Discretionary Actions 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 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 Bi11610 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. -2- PC2007-149 • • NOW, THEREFORE, BE IT RESOLVED by the Anaheim City Planning Commission that the Planning Commission, based upon its review of the Project, the Final SEIR and the Findings of Fact and Statement of Overriding Consideration, and having considered evidence presented at the public hearing on said Final SEIR and the Project, does hereby certify Final SEIR and does recommend that the City Council, as lead agency for the Project, based upon its independent review of the Final SEIR, and unless additional or contrary information is received during the City Council's public hearing on the Project, certify the Final SEIR and adopt the Findings of Fact and Statement of Overriding, 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 determine that said Final SEIR, fully complies with CEQA, reflects the independent judgment of the City Council and is adequate to serve as the required environmental documentation for said Discretionary Actions. BE IF FURTHER RESOLVED that pursuant to Section 21081.6 of the Public Resources Code, the Planning Commission does hereby certify Updated and Modified Mitigation Monitoring Program No. 106B and does recommend that the City Council adopt that certain monitoring program described as the "Updated and Modified Mitigation Monitoring Program No. 106B" to mitigate or avoid significant effects on the environment 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 IF FURTHER RESOLVED that the Water Supply Assessment (WSA) for the Project is hereby approved; and, it is further recommended that the WSA be approved and adopted by the City Council and ordered filed with the City Clerk. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 2007. 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. /_ ~ CHAIRMA ANAHEIM P ING COMMISSION ATT ~ ~~ SE ~4R SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007-149 • • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary for 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 December 10, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ABSENT: COMMISSIONERS: 1N WITNESS WHEREa December, 2007. AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAI~I, ROMERO NONE VELASQUEZ NONE ~F, I have hereunto set my hand this (~day of c~- ~~1~.~~- . SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2007-149