Loading...
Resolution-PC 2012-080RESOLUTION NO. PC2012 -080 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING THAT THE ANAHEIM CITY COUNCIL CERTIFY FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008 -00340 AND ADOPT FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MONITORING PROGRAM 85C AND A WATER SUPPLY ASSESSMENT (MIS2008- 00284) FOR AMENDMENT NO 14 TO THE ANAHEIM RESORT SPECIFIC PLAN PROJECT (DEV2010- 00044) WHEREAS, the Anaheim Resort Specific Plan area includes 581 gross acres of the 1,078 -acre Anaheim Resort, located generally west of Interstate 5, south of Vermont Avenue, east of Walnut Street and north of Chapman Avenue; and WHEREAS, in 1989, the City of Anaheim initiated the Commercial Recreation Area Enhancement Program and Transportation/Land Use Strategy Plan. The goal of the City's efforts was to address the need for visual enhancement and infrastructure improvements in the Commercial Recreation Area. Specifically, the Commercial Recreation Area Enhancement Program's goal was to comprehensively address signage, landscaping, and other land use and site development issues. The Transportation/Land Use Strategy's goal was to assess existing and future transportation conditions and recommend improvements commensurate with land use intensification projections over the next 20 years. In 1990, in connection with these studies, the City Council adopted a revised C -R Zoning Ordinance and established Design Guidelines for the area; and WHEREAS, The Commercial Recreation Area has been renamed The Anaheim Resort and encompasses approximately 1,078 acres designated on the Anaheim General Plan Land Use Plan for Commercial Recreation land uses; and WHEREAS, in 1993, the Anaheim City Council ( "City Council ") approved The Disneyland Resort Specific Plan and EIR, a proposal for approximately 489.7 acres in The Anaheim Resort to develop an international multi -day resort including a second theme park, hotel rooms, internal transportation systems, public parking facilities, administrative offices and ongoing modification of the existing Disneyland theme park. In 1994, the City Council subsequently approved the Hotel Circle Specific Plan to provide for the development of up to 969 hotel rooms on approximately 6.8 acres in the Anaheim Resort; and WHEREAS, in order to provide a long range comprehensive plan for future development for the remaining properties in The Anaheim Resort and to further implement the goals of the above -noted studies, City staff began work in 1991 on the Anaheim Resort Specific Plan and Master Environmental Impact Report ( "MEIR No. 313 "); and WHEREAS, On September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long -range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area's potential, guide future development, and ensure a -1- PC2012 -080 balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor - serving uses as well as the infrastructure improvements that are needed to support future development; and WHEREAS, On September 27, 1994, the City Council adopted Ordinance No. 5453, codifying the Zoning and Development Standards for the Anaheim Resort Specific Plan into the Anaheim Municipal Code and Ordinance No. 5454 rezoning properties into the Anaheim Resort Specific Plan (SP 92 -2) Zone. Conditions of approval were applied to these rezonings. WHEREAS, Since the adoption of the Anaheim Resort Specific Plan, proposed modifications to the specific plan have included 13 amendments and 6 adjustments, which have expanded the total acreage of the Anaheim Resort Specific Plan area to 581.3 acres; and, WHEREAS, in conjunction with the approval of the Anaheim Resort Specific Plan, City Council also adopted The Anaheim Resort Identity and Public Realm Landscape Programs. The Anaheim Resort Identity Program contains specific recommendations for the location and design of gateways, directional signs, banners, light fixtures, and street furniture for The Anaheim Resort; this program has been amended once since its approval. The Anaheim Resort Public Realm Landscape Program summarizes landscape concepts proposed for the public streets within The Anaheim Resort and provides a general overview of the different landscape treatments that will help create a unifying resort identity; this program has been amended four times since its approval; and, WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan and The Anaheim Resort Identity and Public Realm Landscape Programs, City Council certified MEIR No. 313. Since being certified in 1994, two validation reports have been prepared (1999 and 2004) to evaluate the continued relevance and accuracy of MEIR No. 313; and WHEREAS, in June 2008, City Council approved a contract with BonTerra Consulting to prepare Supplemental Environmental Impact Report No. 2008 -00340 (EIR No. 2008 - 00340) to reevaluate all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan area since its adoption in 1994. In August 2008, the City Council authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a development project at the Anaheim Convention Center. In order to analyze the environmental impacts of this development project, in October 2008, City Council approved an amendment to the agreement with BonTerra Consulting to include this development project into the analysis for EIR No. 2008 - 00340; and, WHEREAS, the Proposed Project identified as Amendment No. 14 to the Anaheim Resort Specific Plan, would allow the maximum build -out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space. Additionally, the Proposed Project would amend the following documents that govern and regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan, Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No. 5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. These amendments are intended to streamline development standards, guidelines and requirements to reduce redundancy within and between these documents; and, update the documents to reflect current conditions within The Anaheim Resort. The - PC2012 -080 proposed amendments do not change the types of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the associated development standards; and, WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the Amendment No. 14 to the Anaheim Resort Specific Plan project, as defined in the California Environmental Quality Act of 1970, as amended ( "CEQA ") and the State of California Guidelines for Implementation of the California Environmental Quality Act ( "CEQA Guidelines "); and WHEREAS, a Notice of Preparation ( "NOP ") for EIR No. 2008 -00340 and the project's initial study were distributed to the public on February 11, 2009. The public review period for the initial study ended on March 13, 2009. The City held a public scoping meeting on February 25, 2009 to provide members of the public with an opportunity to learn about the project, ask questions and provide comments about the scope and content of the information to be addressed in Draft EIR No. 2008- 00340; and, WHEREAS, Draft EIR No. 2008 -00340 was made available for a 45 -day public review period from September 14, 2012 through October 29, 2012. The Notice of Availability ( "NOA "), which also included noticing for the Planning Commission public hearing and a tentative date for the City Council public hearing, was sent to a list of interested persons, agencies and organizations, as well as property owners in the Anaheim Resort Specific Plan area and within a 300 -foot radius of the Anaheim Resort Specific Plan area. The Notice of Completion ( "NOC ") was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk- Recorder's office on September 14, 2012. Copies of Draft EIR No. 2008 -00340 were made available for public review at the City of Anaheim Planning Department and at the Anaheim Central Library. Draft EIR No. 2008 -00340 was also made available for download via the City's website; and, WHEREAS, in conformance with the requirements of CEQA and the CEQA Guidelines, the City will prepare, or cause to be prepared prior to the City Council Public Hearing, tentatively scheduled for December 18, 2012, Findings and Statement of Overriding Considerations and Mitigation Monitoring Program No. 85C relating to EIR No. 2008 - 00340; and WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, Final EIR No. 2008 -00340 shall consist of Draft EIR No. 2008 - 00340; comments and recommendations received on Draft SEIR No. 340 either verbatim or in summary; a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 2008 - 00340; and the responses of the City, as Lead Agency, to significant points raised in the review and consultation process; and Mitigation Monitoring Program No. 85C; and WHEREAS, on November 5, 2012, the Anaheim City Planning Commission (hereinafter referred to as "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 of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against EIR No. 2008- 00340 and to investigate and make findings in connection therewith; and -3- PC2012 -080 WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports, including all written and verbal comments received during the 45 -day public review period, concerning the contents and sufficiency of Draft EIR No. 2008 - 00340; and WHEREAS, the Planning Commission, based on the information and evidence received concerning EIR No. 2008- 00340, does hereby find and determine as follows: Draft EIR No. 2008 -00340 has been presented to and independently reviewed and considered by the Planning Commission; Draft EIR No. 2008 -00340 reflects the independent judgment and analysis of the Planning Commission; and Draft EIR No. 2008 -00340 has been processed and completed in compliance with the requirements of CEQA, and all applicable CEQA Guidelines. WHEREAS, to the extent authorized by law, the City desires and intends to use EIR No. 2008 -00340 as the environmental documentation required by CEQA and the CEQA Guidelines for the Amendment No. 14 to the Anaheim Resort Specific Plan Project; 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 CEQA and (ii) exceeds 500 residential units, or equivalent water demand for shopping centers, business establishments, and commercial developments; and WHEREAS, the Amendment No. 14 to the Anaheim Resort Specific Plan 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, Draft EIR No. 2008 -00340 includes, as Appendix J, a WSA, dated November 2009, prepared for the Amendment No. 14 to the Anaheim Resort Specific Plan Project in accordance with applicable sections of the Public Resources Code and California Water Code as referenced in Senate Bill 610. This document is supplemented with a Water Facilities Assessment dated November 4, 2009 and a Water Demand and Regional Supply Update Memo dated November 29, 2010, both of which are included in Appendix J of Draft EIR No. 2008 - 00340; and WHEREAS, In June 2011, the City Council adopted Anaheim's 2010 Urban Water Management Plan; and WHEREAS, Exhibit "A" attached to this resolution, is a memo dated July 21, 2011, that documents the consistency of the conclusions regarding water supply reliability presented in the documents in Appendix J of Draft EIR No. 2008 -00340 and Anaheim's 2010 Urban Water Management Plan adopted by City Council in June 2011; and WHEREAS, collectively Appendix J of Draft EIR No. 2008 - 00340, Anaheim's 2010 Urban Water Management Plan, and Exhibit "A" conclude that a sufficient water supply and reliability -4- PC2012-080 to the City, now and into the future, including a sufficient water supply for the Amendment No. 14 to the Anaheim Resort Specific Plan Project; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has reviewed and considered the environmental information contained in Draft EIR No. 2008 -00340 and does hereby recommend that the City Council certify EIR No. 2008- 00340, including adoption of Findings and a Statement of Overriding Consideration and Mitigation Monitoring Program 85C, and determine that EIR No. 2008 -00340 fully complies with CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for the Amendment No. 14 to the Anaheim Resort Specific Plan Project. BE IF FURTHER RESOLVED that the WSA, and the supporting documents in Appendix J of Draft EIR No. 2008 -00340 and Exhibit "A" attached to this resolution, 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 November 5, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. ATTEST: Acak cu CHAIR, ANAHEIM CITY PLAN I G COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2012 -080 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ss. I, Grace Medina, Senior Secretary of 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 November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 5 day of November, 2012. SENIOR CRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2012 -080 h PIRNIE Dear Mr. Shaikh: ARCADIS Mr. Al Shaikh, P.E. Principal Civil Engineer City of Anaheim 201 South Anaheim Boulevard, Suite 601 Anaheim, CA 92805 Exhibit "A" Consideration of the City of Anaheim's Resort Specific Plan on Current and Projected Water Demands July 21, 2011 The purpose of this memorandum is to document the consistency of the conclusions regarding water supply reliability presented in the City of Anaheim's (Anaheim) Resort Specific Plan (ARSP) Water Supply Assessment (VISA). prepared in November 2009 and supplemented with a Water Demand and Regional Supply Update memo dated November 29, 2010 as part of the ARSP Environmental Impact Report. and Anaheim's 2010 Urban Water Management Plan (2010 UWMP), adopted by the Anaheim City Council in June 2011. The findings of this analysis include the following: • The projected demands detailed in the 2010 UWMP include: (1) Anaheim's estimated water demands for existing customers; and (2) projected water demands associated with the development project identified as part of the ARSP WSA. • The 2010 UWMP demonstrates that the projected water supplies available to Anaheim through 2035 are sufficient to meet the existing and projected water demands, incluaing those demands associated with the proposed developments identified in the ARSP WSA. .(.F. 1 a in cJ, IAtr, • 11.1.. _c. tuna tz i1tl 7.. L. t7. :U.• wxwaralta -us assn Michael B. Hurley (213) 270 -5305 Lr,.t mhuriey@arcadis- us.com -7- PC2012 -080 ARCAD1S It' - _ Al Shaikh, P.E. July 21, 2011 ARSP WSA Projected Demands The ARSP project area is divided into two development areas: the Commercial- Recreaton District (CR District), and the Public- Recreation District (PR District). Pr the development within the 561 acres of the, proect area consists of the Anaheim Convention Center and a rn.x of hotels. retail stores, r and other visitor - serving uses_ There are also small industrial and office uses, mobile home parks, an elementary school, as well as and used for agricL'tural purposes. The projected water demands associated with the existing development was included in the pro T ota City Demands identified in the ARSP WSA. The proposed project within the ARSP project area discussed in the WSA included the bui'd -cut of deve'opmentwithin the CR District, and the expans on cf the Anaheim Convention Center within the PR District_ The total projected water demand associated with the proposed increase in land use intensification within the ARSP project area was 981.7 acre -feet AF) per year (see November 29. 2010, Water Demand and Re4ona1 Supply Update memo UWMP Projectecl Demands and Supplies Over the last yea - , Anaheim has updated its 2010 U"WI4'.P. 2010 IJ MP documents the City's: (1) estimated current and projected water demands, through 2035; and (2) protected water suppl:e::, available to Anaheim to meet these projected demands. A hey consideration in the deve'opment of future water demand projections was population growth within the service area. The 2010 UWMP protects that Anaheim's population will increase from 36.4.921 currently to 432,949 in 2035, with much of the growth attributed to higher populaton densities throughoii Anaheim. The anticf.pated higher population densities are attributed to development protec includng the Platinum Triangle and Mountain Park, as well as vario other development and redevelopment pre ects. As a resL't, the 2010 UWMP protects that Anaheim's water demand tin :I increase from 66,929 in 2010 to 77.700 in 2035. 2 ; 4 -8- PC2012 -080 ARCAD S The current and prc;ected water demands edentfied in the 2010 U'vVMP are s griicantly less than the dernar.ds projected for Anaheim as pat of the ARSP WSA_ For FY 2009-1D, the total water demand for retail customers served by Anaheim was approximately 67.000 AF annual :y or 10.000 AF less than the 77,77D AF protected for 2010 in the ARSP V'.'SA. As noted above, Anaheim is now not projected to meet that level of demand until 2035. There are a number of factors contributing to this lower level of consumption including cooler weather, the economy, and conservation efforts in re`,ponse to the recent drought and regulatory restrictions on imported water supp'ies. It is recognized that perhaps not all of the current conservation within Anaheim is 'oemianent and is due in some measure to implementation of the Metropolitan Water District of Southern California's (Metropolitan) Water Shortage Allocation Plan, which went into effect in 2009. However, it is highly likely that a s'gnificant porton of this conservation wi :i become pem anent as hard'Na-e such as low and ultra-!ow flush toi'ets has been insta'led, landscape has lien altered and irrigation systems retrofitted. Lifestyles a'so been altered due to the heightened awarer ess to conserve water as we:l. Therefore, the demand projections included in the'.' /SA should now be considered conservative, making the conclusion of a re iable water supply even more positive. This conclusion is reflected in the 2010 UWMP. which projects that Anaheim will have sufficient water supplies from local groundwater, imported water purchased from Metropc`itan, and future recycled water supplies to meet projected water demands through 2035, including those associated with the proposed projects included in the ARSP : ^JS.A. Current and protected water demands and supply sources identified in the 2010 UWMP are provided below. IV Al Shaikh, P.E. July 21. 2011 -9- PC2012 -080 ARCADIS Sincerely, ARCADIS U.S., Inc. 2010 UWMP Current and Projected Water Supplies and Demands (AFY) Consistency of 2010 UWrk1P and ARSP WSA Conclusions The 2010 UWMP cecurnents that Anaheim has sufficient water supplies from local grcundwater. recycled supj 'ies, and imported water purchased from Metropo'itan to sheet the pro= ected increase in arival demands of approximately 11,000 AF between 201D and 2035. Given the lower revised demand prcject ons contained in the 2010 UWMP, the plan's ccnciusions regarding sufficiency of water suppi: to meet projected demands are consistent with the WSA. Mchael B. !Hurley Serior Water Resoirces Specialist L h' -. Al Shaikh, P.E. July 21. 201 . 1 414 -10- PC2012 -080 Fiscal Year Ending 2010 2015 2020 2025 2030 2035 Projected Demands 66,929 72,400 73,600 75,900 77,500 77,700 Groundwater 44,093 45,917 47,674 49,169 50,209 50,339 Recyc_d W ter 220 255 255 255 255 Metropolitan 22,031 23.263 25,671 26,..76 27,036 27,106 Total Supplies 66,929 72,400 73,600 75,900 77,500 77,700 ARCADIS Sincerely, ARCADIS U.S., Inc. 2010 UWMP Current and Projected Water Supplies and Demands (AFY) Consistency of 2010 UWrk1P and ARSP WSA Conclusions The 2010 UWMP cecurnents that Anaheim has sufficient water supplies from local grcundwater. recycled supj 'ies, and imported water purchased from Metropo'itan to sheet the pro= ected increase in arival demands of approximately 11,000 AF between 201D and 2035. Given the lower revised demand prcject ons contained in the 2010 UWMP, the plan's ccnciusions regarding sufficiency of water suppi: to meet projected demands are consistent with the WSA. Mchael B. !Hurley Serior Water Resoirces Specialist L h' -. Al Shaikh, P.E. July 21. 201 . 1 414 -10- PC2012 -080