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RES-2013-069RESOLUTION NO. 2013 -069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FOURTH ADDENDUM TO THE PREVIOUSLY- APPROVED POINTE ANAHEIM INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE ANAHEIM GARDENWALK PROJECT AND DETERMINING THAT SAID ADDENDUM, TOGETHER WITH OTHER PREVIOUSLY- APPROVED ENVIRONMENTAL DOCUMENTATION, SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED ECONOMIC ASSISTANCE AGREEMENTS BETWEEN THE CITY OF ANAHEIM AND GARDENWALK HOTEL I, LLC FOR THE GARDENWALK HOTELS PROJECT. WHEREAS, in conjunction with the approval of The Disneyland Resort Specific Plan No. 92 -1 and related actions, the City Council of the City of Anaheim (herein referred to as the "City Council "), on June 22, 1993, by its Resolution No. 93R -107, certified Final Environmental Impact Report No. 311 (State Clearinghouse No. 91051055) (herein referred to as the "Final EIR "), adopted a Statement of Findings and Facts and a Statement of Overriding Considerations and adopted Mitigation Monitoring Program No. 0067 in compliance with the California Environmental Quality Act (herein referred to as "CEQA "), and further determined that the Final EIR addresses the environmental impacts and mitigation measures associated with the development of The Disneyland Resort and associated actions and Mitigation Monitoring Program No. 0067 ensures compliance with the adopted mitigation measures; and WHEREAS, in conjunction with the approval of actions that established the Pointe Anaheim Overlay and provided for the development of the Pointe Anaheim Lifestyle Retail and Entertainment Complex ( "Pointe Anaheim Project ", later renamed the "Anaheim GardenWalk Project "), on June 22, 1999, the City Council adopted its Resolution No. 99R -133 approving an Initial Study /Mitigated Negative Declaration (herein referred to as the "IS/MND "), including Mitigation Monitoring Plan No. 004, as the environmental documentation for the project actions described therein, including the development of up to three hotels comprising a maximum of 1,050 hotel rooms /suites with related accessory retail uses; and WHEREAS, on February 26, 2002, in conjunction with the approval of amendments to the Pointe Anaheim Project that included reducing the entertainment component of the project and increasing the hotel component to a maximum of four hotels with a total of 1,662 rooms, the City Council adopted Resolution No. 2002R -53, approving an Addendum to the IS /MND (herein referred to as the "First Addendum ") and determining its adequacy to serve as the required environmental documentation for the proposed project actions; and WHEREAS, on April 11, 2006, in conjunction with the approval of amendments to the Land Use Element of the General Plan, which, among other things, amended certain aspects of the Pointe Anaheim Project that included reducing the total maximum number of hotel rooms to 1,628 rooms, the City prepared a Second Addendum to the IS /MND (herein referred to as the "Second Addendum "), and the City Council determined, by its adoption of Resolution No. 2006- 061 on April 11, 2006, that the Second Addendum, together with Mitigated Monitoring Program No. 004a, was adequate to serve as the environmental documentation for the amendments to the Land Use Element of the General Plan and, by extension, the Pointe Anaheim Project; and WHEREAS, on August 16, 2011, in conjunction with the approval of amendments to the Land Use Element of the General Plan, which, among other things, had the effect of amending the Pointe Anaheim/GardenWalk Project (but did not affect the hotel component of the project), the City prepared a Third Addendum to the IS /MND (herein referred to as the "Third Addendum "), and the City Council determined, by its adoption of Resolution No. 2011 -119, that the Third Addendum, together with Mitigated Monitoring Program No. 004a, was adequate to serve as the environmental documentation for the amendments to the Land Use Element of the General Plan and, by extension, the project; and WHEREAS, on May 26, 2009, the City Council approved an Economic Assistance Agreement that allowed GardenWalk Hotel I, LLC (the "Developer "), the developer of two of the hotels ( "Hotels ") previously approved as part of the Pointe Anaheim/GardenWalk Project, to receive a portion of the Transient Occupancy Tax generated by the Hotels over a 15 -year period, up to a total of $76.3 million, which agreement was amended by that certain Amendment No. 1 to Economic Assistance Agreement by and between the City and the Developer, dated as of July 1, 2010 (hereinafter, collectively, the "Original Agreement "); and WHEREAS, the Developer has requested an amendment to the Original Agreement to provide financial assistance to the Developer in an amount equal to seventy percent (70 %) of the Transient Occupancy Tax generated by the Hotels, up to a total of $158,000,993 over a 20 -year period; and WHEREAS, the Developer has further proposed breaking the Original Agreement into two separate Economic Assistance Agreements, one for each of the Hotels, which collectively would amend, restate and replace the Original Agreement in its entirety, provided that the two Economic Assistance Agreements shall each be effective independent of the other; and WHEREAS, the Hotels that are the subject of the Original Agreement are already fully - entitled, and the environmental impacts related to such Hotels have previously been fully analyzed in connection with the approval of the entitlements for the Hotels, including in the environmental documents referenced above; and WHEREAS, the proposed Economic Assistance Agreements would not change the physical characteristics of the currently- entitled development in any way, but relate merely to a funding mechanism for the previously- approved Hotels; and WHEREAS, in connection with the proposed Economic Assistance Agreements, a fourth Addendum to the previously- approved IS /MND, dated March 27, 2013 (herein referred to as the "Fourth Addendum "), a copy of which is on file in the Planning Department and incorporated herein by this reference as though fully set forth, has been prepared in order to determine whether any significant environmental impacts which were not identified in the previously - approved IS/MND would result or whether previously identified significant impacts would be PA substantially more severe. The Final EIR, the IS/MND, the First Addendum, the Second Addendum, the Third Addendum and the Fourth Addendum, together with the related Mitigation Monitoring Programs, shall be referred to herein collectively as the "CEQA Documents "; and WHEREAS, in connection with the proposed Economic Assistance Agreements and the City Council's review of the Fourth Addendum, the City Council has independently reviewed all of the CEQA Documents and has exercised its independent judgment in making the findings and determinations set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim, based upon a thorough review of the proposed Economic Assistance Agreements, the Fourth Addendum to the IS/MND, the CEQA Documents, and the evidence received to date, does determine as follows: 1. That the Fourth Addendum was prepared in compliance with the requirements of the California Environmental Quality Act, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual. 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Fourth Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; specifically: a. There have not been any substantial changes in the Pointe Anaheim/GardenWalk Project that require major revisions of the CEQA Documents because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. There have not been any substantial changes with respect to the circumstances under which the Pointe Anaheim/GardenWalk Project is undertaken that require major revisions of the CEQA Documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and C. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified as complete or the IS /MND was adopted, that shows any of the following: (a) the project will have one or more significant effects not discussed in the Final EIR or the IS /MND; (b) significant effects previously examined will be substantially more severe than shown in the Final EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the Final EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 9 BE IT FURTHER RESOLVED that, pursuant to the above findings, the City Council determines that the previously- approved CEQA Documents, together with the Fourth Addendum, are adequate to serve as the required environmental documentation for the proposed Economic Assistance Agreements. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this flay of m., , 2013, by the following roll call vote: AYES: Council Members Eastman, Murray, Brandman and Kring NOES: Mayor Tait ABSENT: None ABSTAIN: None CITY OF ANAHEIM MA OR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY O ANAHEIM 945542- WTReynolds 4