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RESOLUTION N0 2x45 206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM i CERTIFYING SUBSEQUENT FINAL ENVIRONMENTAL IMPACT REPORTN0 332ii ADOPTING A STATEMENT OF FINDINGS OF FACTAND STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION THEREWITH AND iii ADOPTING THE UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO 106A WHEREASthe Anaheim City PlanningCommission 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 ReclassificationNo 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 andthe State ofCalifornia 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 ofthe following proposed discretionary actions by the City ofAnaheim i General Plan AmendmentNo 2004 00420iiZoning Code Amendment No 2004 0003biii 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 ofsaid DSEIR in aResponse to Comments document and WHEREAS said DSEIR the Response to Comments the Updated and Modified Mitigation Monitoring Program No lObA and all documents submitted as part ofthe public record on said DSEIR form the Final Subsequent Environmental Impact Report for said project as required by Section 15132 ofthe State Guidelines FSEIR No 332 and ---PAGE BREAK--- WHEREAS the City ofAnaheim has prepared a draft Statement ofFindings ofFact and Statement of Overriding Considerations and Updated and Modified Mitigation Monitoring Program No lObA 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 ofthe 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 ofsignificance for traffic impacts is apeak hour LOS worse than D with an increase in the Intersection Capacity Utilization ratio of greater than 0 1 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 1 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 ofthe Anaheim Municipal Code Chapter l8 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 l0 7 to the Statement ofFindings and Facts and Statement ofOverriding Considerations and Updated and Modified Mitigation Monitoring Program No 1O6A to address comments received from the California Department ofTransportation The DSEIR analyzes all I S and SR 57ramps using the Intersection Capacity Utilization ICU methodology in accordance with City of Anaheim and County ofOrange 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 CityofAnaheim shall prepare a traffic study analyzing state transportation facilities 1 5 and SR 57 freeway intersections including an analysis oframp storage for The Platinum Triangle prior to the issuance of the first building permit following certification ofFSEIR 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 adequatelevels of service for Caltrans facilities Level of Service D required by the City and Caltrans the Orange County Congestion Management Program requires a Level ofService E and shall identify fair share 2 ---PAGE BREAK--- 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 CityCouncil of the City of Anaheim for review and consideration prior to the final approval of and commitment to said project and WHEREAS atthe 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 TheDSEIR analyzes all I 5 and SR 57ramps using the Intersection Capacity Utilization ICU methodology in accordance with City of Anaheim and CountyofOrange traffic studyrequirements 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 facilitiesI 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 tomaintain 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 ofServiceE 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 ofeach ofwhich 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 6of the Public Resources Code the City Council hereby adopts that certain monitoring program described as the Updated and Modified Mitigation Monitoring ProgramNo 106A as revised to amend mitigation ---PAGE BREAK--- 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 this5 hday of nct obe r2005 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 v1lmgordon109 10 05 4