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2002-053RESOLUTION NO 2002R-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND MODIFIED MITIGATION MONITORING PLAN NO. 004, FOR THE POINTE ANAHEIM PROJECT, AND DETERMINING THEIR ADEQUACY TO SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED PROJECT ACTIONS. WHEREAS, in conjunction with the approval of The Disneyland Resort Specific Plan No. 92-1 and related actions, the City Council, on June 22, 1993, by its Resolution No. 93R-107, certified Final Environmental Impact Report No. 311 (State Clearinghouse No. 91051055), adopted a Statement of Findings and Facts and a Statement of Overriding Considerations and adopted Mitigation Monitoring Program (MMP) No. 0067 in compliance with the California Environmental Quality Act (CEQA). The Final EIR analyzed the environmental effects resulting from development of The Disneyland Resort Specific Plan, including development of the Pointe Anaheim project area at the density provided for in The Disneyland Resort Specific Plan. MMP No. 0067 included measures to mitigate the significant environmental impacts associated with the Specific Plan, with the exception of impacts that were addressed in the Statement of Overriding Considerations. An addendum to EIR No. 311, along with modifications to MMP No. 0067, by its Resolution No. 96R-176, were subsequently adopted by the City Council in October 1996 in connection with the adoption of Amendment No. 3 to The Disneyland Resort Specific Plan; and WHEREAS, on June 22, 1999, the Anaheim City Council adopted its Resolution No. 99R-133 approving a Mitigated Negative Declaration including Mitigation Monitoring Plan No. 004 as the environmental documentation for the project actions described therein relating to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (hereinafter the~Pointe Anaheim Project"); and WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, Robert H. Shelt0n, Anaheim Center for Entertainment, LLC, as authorized agent for Excel Pointe Anaheim, LLC, submitted requests on October 29, 2001 for General Plan Amendment No. 2001-00393, Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to the Land Use Plan, Design Plan, Zoning and Development Standards and Conditions of Approval), Amendment to Conditional Use Permit No. 4078 with waiver of Code requirements, a request for the City of -1- Anaheim to enter into the First Amended and Restated Development Agreement No. 99-1 with Excel Pointe Anaheim, LLC, and Amendment No. 3 to The Anaheim Resort Public Realm Landscape Program (the "Proposed Project Actions"), which Proposed Project Actions address the Pointe Anaheim project as proposed to be modified, including development in up to five phases over time; and WHEREAS, in connection with the Proposed Project Actions, an Addendum to the Pointe Anaheim Initial Study and the Mitigated Negative Declaration dated October 29, 2001 (the "Addendum to Initial Study and Negative Declaration") and Modified Mitigation Monitoring Plan No. 004 have been prepared analyzing the Proposed Project Actions and updating previously submitted analyses to reflect current circumstances and information to determine whether any significant impacts which were not identified in the original Pointe Anaheim Initial Study and Mitigated Negative Declaration would result from the Proposed Project Actions, and describing minor modifications to the Mitigation Monitoring Plan No. 004 which are necessary to reflect the Proposed Project Actions (~Modified Mitigation Monitoring Plan No. 004"); and WHEREAS, the City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, in the City of Anaheim on November 19, 2001, at 1:30 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 18.03, to hear and consider evidence for and against the Proposed Project Actions as well as the proposed Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration and Modified Mitigation Monitoring Plan No. 004; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, by its Resolution No. PC2001-159, based upon findings and determinations set forth in said Resolution, determined that the Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration and the Modified Mitigated Monitoring Plan No. 004 were prepared in compliance with the requirements of the California Environmental Quality Act and the State and City of Anaheim CEQA Guidelines; that as demonstrated by the analysis included in said addendum for all environmental issues, the Proposed Project Actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts and no supplemental or subsequent environmental review is required; that said addendum -2- and the Modified Mitigation Monitoring Plan No. 004, as corrected at the Commission meeting, are adequate to serve as the required environmental documentation for the Proposed Project Actions based on the finding that the Addendum and the Modified Mitigation Monitoring Plan No. 004 reflect the independent judgement of the lead agency; that it has considered the Addendum to Initial Study and Mitigated Negative Declaration and Modified Mitigation Monitoring Plan No. 004 together with any comments and responses received during the public hearing process; and further finding on the basis of said addendum that there is no substantial evidence that, with the imposition of the mitigation measures identified in Modified Mitigation Monitoring Plan No. 004, the project will have a significant effect on the environment (A copy of the Addendum to Initial Study and Mitigated Negative Declaration is on file in the Planning Department; Modified Mitigation Monitoring Plan No. 004 is attached to this Resolution as Attachment No. 1; both documents are incorporated herein by this reference as though set forth in full.); and WHEREAS, thereafter, the Planning Commission, on its own motion, requested review of its decision by the City Council; and WHEREAS, subsequent to the November 19, 2001, Planning Commission meeting, City staff continued to negotiate with Pointe Anaheim representatives relating to the terms of a Disposition and Development Agreement ("DDt'), and as part of the DDA negotiations, City staff suggested programming of public use of parking facilities to allow excess parking within the ?ointe Anaheim parking facility to be used for Convention Center overflow parking; and WHEREAS, staff initiated a request to the Planning Commission to consider certain proposed modifications to the Addendum to the Mitigated Negative Declaration, including Modified Mitigation Monitoring Plan No. 004 to reflect the programmed use of excess capacity of the Pointe Anaheim parking facility at non-peak hours (the "Revised Addendum'); and WHEREAS, the Planning Commission at its regularly scheduled meeting on February 11, 2002 considered the Revised Addendum, including a letter to Joel Fick from Michael P. Meyer, Principal, Meyer, Mohaddes Associates, Inc. and the document entitled "Revisions to the Addendum for the Pointe Anaheim Initial Study and Mitigated Negative Declaration (PC2001-159), as well as evidence presented in the staff report dated February 11, 2002, and oral and written evidence presented at the meeting (The -3- letter from Michael P1 Meyer and the Revisions to the Addendum document were attached to the staff report to the Planning Commission dated February 11, 2002, are on file in the Planning Department and are incorporated herein by this reference as though set forth in full.); and WHEREAS, based upon its review and consideration of the evidence presented, the Planning Commission, by its Resolution No. PC2002-22, based on the evidence submitted to the Commission, approved the Revised Addendum and further found that approval of the Revised Addendum is consistent with the recommendations, findings and conditions of approval adopted by the Planning Commission on November 19, 2001 for the Proposed Project Actions. (The Addendum to the Initial Study and Negative Declaration and the Revised Addendum to the Mitigated Negative Declaration shall hereafter be collectively be referred to as the "Addendum to the Mitigated Negative Declaration." The changes in the Revised Addendum to the Mitigated Negative Declaration have been incorporated into the Addendum to the Initial Study and Mitigated Negative Declaration in a revised document entitled "Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration, Revised February 21, 2002," on file in the Planning Department and incorporated herein by this reference as though set forth in full); and WHEREAS, upon receipt of Resolution No. PC2001-159 and the Planning Commission's request for review of its actions, summary of evidence, reports of findings and recommendations of the City Planning Commission, the City Council did fix the llth day of December, 2001, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said modification to Conditional Use Permit with waiver of the minimum number of parking spaces required by the Anaheim Municipal Code and did give notice thereof in the manner and as provided by law, and threafter duly continued the public hearing to January 8, February 12 and February 26, 2002; and WHEREAS, on February 26, 2002, the City Council did hold a public hearing upon the Proposed Project Actions, notice of which h~ring was given in the manner r~quired By law. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council, based upon a thorough review of the Proposed Project Actions and the Addendum to the Mitigated Negative Declaration including Modified Mitigation Monitoring Plan No. 004, the recommendations of staff and the Planning Commission, and the evidence received to date, including evidence presented at the Planning Commission on November 19, 2001 and at the Planning -4- Commission meeting on February 11, 2002, does determine as follows: That the Addendum to the Pointe Anaheim Modified Mitigated Negative Declaration and Modified Mitigated Monitoring Plan No. 004 were prepared in compliance with the requirements of the California Environmental Quality Act and the State and City of Anaheim CEQA Guidelines. o That as demonstrated by the analysis included in the Addendum for all environmental issues, the Proposed Project Actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts and no supplemental or subsequent environmental review is required. o That the Addendum to the Mitigated Negative Declaration including the Modified Mitigation Monitoring Plan No. 004 are adequate to serve as the required environmental documentation for the Proposed Project Actions based on the findings that: The Addendum and the Modified Mitigation Monitoring Plan No. 004 reflect the independent judgement of the lead agency; That it has considered the Addendum and the Modified Mitigation Monitoring Plan No. 004 together with any comments and responses received during the public hearing process and finds that there is no substantial evidence that, with the imposition of the mitigation measures identified in Modified Mitigation Monitoring Plan No. 004, the project will have a significant effect on the environment. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of February, 2002. ATTEST: MAYOR OF THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM 43604. l\smann -5- RESOLUTION NO 2002R-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION AND MODIFIED MITIGATION MONITORING PLAN NO. 004, FOR THE POINTE ANAHEIM PROJECT, AND DETERMINING THEIR ADEQUACY TO SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED PROJECT ACTIONS. WHEREAS, in conjunction with the approval of The Disneyland Resort Specific Plan No. 92-1 and related actions, the City Council, on June 22, 1993, by its Resolution No. 93R-107, certified Final Environmental Impact Report No. 311 (State Clearinghouse No. 91051055), adopted a Statement of Findings and Facts and a Statement of Overriding Considerations and adopted Mitigation Monitoring Program (MMP) No. 0067 in compliance with the California Environmental Quality Act (CEQA). The Final EIR analyzed the environmental effects resulting from development of The Disneyland Resort Specific Plan, including development of the Pointe Anaheim project area at the density provided for in The Disneyland Resort Specific Plan. MMP No. 0067 included measures to mitigate the significant environmental impacts associated with the Specific Plan, with the exception of impacts that were addressed in the Statement of Overriding Considerations. An addendum to EIR No. 311, along with modifications to MMP No. 0067, by its Resolution No. 96R-176, were subsequently adopted by the City Council in October 1996 in connection with the adoption of Amendment No. 3 to The Disneyland Resort Specific Plan; and WHEREAS, on June 22, 1999, the Anaheim City Council adopted its Resolution No. 99R-133 approving a Mitigated Negative Declaration including Mitigation Monitoring Plan No. 004 as the environmental documentation for the project actions described therein relating to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (hereinafter the"Pointe Anaheim Project"); and WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, Robert H. Shelton, Anaheim Center for Entertainment, LLC, as authorized agent for Excel Pointe Anaheim, LLC, submitted requests on October 29, 2001 for General Plan Amendment No. 2001-00393, Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to the Land Use Plan, Design Plan, Zoning and Development Standards and Conditions of Approval), Amendment to Conditional Use Permit No. 4078 with waiver of Code requirements, a request for the City of Anaheim to enter into the First Amended and Restated Development Agreement No. 99-1 with Excel Pointe Anaheim, LLC, and Amendment No. 3 to The Anaheim Resort Public Realm Landscape Program (the "Proposed Project Actions"), which Proposed Project Actions address the Pointe Anaheim project as proposed to be modified, including development in up to five phases over time; and WHEREAS, in connection with the Proposed Project Actions, an Addendum to the Pointe Anaheim Initial Study and the Mitigated Negative Declaration dated October 29, 2001 (the "Addendum to Initial Study and Negative Declaration") and Modified Mitigation Monitoring Plan No. 004 have been prepared analyzing the Proposed Project Actions and updating previously submitted analyses to reflect current circumstances and information to determine whether any significant impacts which were not identified in the original Pointe Anaheim Initial Study and Mitigated Negative Declaration would result from the Proposed Project Actions, and describing minor modifications to the Mitigation Monitoring Plan No. 004 which are necessary to reflect the Proposed Project Actions ("Modified Mitigation Monitoring Plan No. 004"); and WHEREAS, the City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, in the City of Anaheim on November 19, 2001, at 1:30 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 18.03, to hear and consider evidence for and against the Proposed Project Actions as well as the proposed Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration and Modified Mitigation Monitoring Plan No. 004; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, by its Resolution No. PC2001-159, based upon findings and determinations set forth in said Resolution, determined that the Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration and the Modified Mitigated Monitoring Plan No. 004 were prepared in compliance with the requirements of the California Environmental Quality Act and the State and City of Anaheim CEQA Guidelines; that as demonstrated by the analysis included in said addendum for all environmental issues, the Proposed Project Actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts and no supplemental or subsequent environmental review is required; that said addendum -2- and the Modified Mitigation Monitoring Plan No. 004, as corrected at the Commission meeting, are adequate to serve as the required environmental documentation for the Proposed Project Actions based on the finding that the Addendum and the Modified Mitigation Monitoring Plan No. 004 reflect the independent judgement of the lead agency; that it has considered the Addendum to Initial Study and Mitigated Negative Declaration and Modified Mitigation Monitoring Plan No. 004 together with any comments and responses received during the public hearing process; and further finding on the basis of said addendum that there is no substantial evidence that, with the imposition of the mitigation measures identified in Modified Mitigation Monitoring Plan No. 004, the project will have a significant effect on the environment (A copy of the Addendum to Initial Study and Mitigated Negative Declaration is on file in the Planning Department; Modified Mitigation Monitoring Plan No. 004 is attached to this Resolution as Attachment No. 1; both documents are incorporated herein by this reference as though set forth in full.); and WHEREAS, thereafter, the Planning Commission, on its own motion, requested review of its decision by the City Council; and WHEREAS, subsequent to the November 19, 2001, Planning Commission meeting, City staff continued to negotiate with Pointe Anaheim representatives relating to the terms of a Disposition and Development Agreement ("DDt'), and as part of the DDA negotiations, City staff suggested programming of public use of parking facilities to allow excess parking within the Pointe Anaheim parking facility to be used for Convention Center overflow parking; and WHEREAS, staff initiated a request to the Planning Commission to consider certain proposed modifications to the Addendum to the Mitigated Negative Declaration, including Modified Mitigation Monitoring Plan No. 004 to reflect the programmed use of excess capacity of the Pointe Anaheim parking facility at non-peak hours (the "Revised Addendum"); and WHEREAS, the Planning Commission at its regularly scheduled meeting on February 11, 2002 considered the Revised Addendum, including a letter to Joel Fick from Michael P. Meyer, Principal, Meyer, Mohaddes Associates, Inc. and the document entitled ~Revisions to the Addendum for the Pointe Anaheim Initial Study and Mitigated Negative Declaration (PC2001-159), as well as evidence presented in the staff report dated February 11, 2002, and oral and written evidence presented at the meeting (The -3- letter from Michael P1 Meyer and the Revisions to the Addendum document were attached to the staff report to the Planning Commission dated February 11, 2002, are on file in the Planning Department and are incorporated herein by this reference as though set forth in full.); and WHEREAS, based upon its review and consideration of the evidence presented, the Planning Com~ssio~, by its Resolution No. PC2002-22, based on the evidence ubmitted ~ ~ the Commission, approved the Revised Addendum and further found that approval of the Revised Addendum is consistent with the recommendations, findings and conditions of approval adopted by the Planning Commission on November 19, 2001 for the Proposed Project Actions. (The Addendum to the Initial Study and Negative Declaration and the Revised Addendum to the Mitigated Negative Declaration shall hereafter be collectively be referred to as the "Addendum to the Mitigated Negative Declaration." The changes in the Revised Addendum to the Mitigated Negative Declaration have been incorporated into the Addendum to the Initial Study and Mitigated Negative Declaration in a revised document entitled "Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration, Revised February 21, 2002," on file in the Planning Department and incorporated herein by this reference as though set forth in full); and WHEREAS, upon receipt of Resolution No. PC2001-159 and the Planning Commission's request for review of its actions, summary of evidence, reports of findings and recommendations of the City Planning Commission, the City Council did fix the llth day of December, 2001, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said modification to Conditional Use Permit with waiver of the minimum number of parking spaces required by the Anaheim Municipal Code and did give notice thereof in the manner and as provided by law, and threafter duly continued the public hearing to January 8, February 12 and February 26, 2002; and WHEREAS, on February 26, 2002, the City Council did hold a public hearing upon the Proposed Project Actions, notice of which hearing was given in the manner required by law. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council, based upon a thorough review of the Proposed Project Actions and the Addendum to the Mitigated Negative Declaration including Modified Mitigation Monitoring Plan No. 004, the recommendations of staff and the Planning Commission, and the evidence received to date, including evidence presented at the Planning Commission on November 19, 2001 and at the Planning -4- Commission meeting on February 11, 2002, does determine as follows: That the Addendum to the Pointe Anaheim Modified Mitigated Negative Declaration and Modified Mitigated Monitoring Plan No. 004 were prepared in compliance with the requirements of the California Environmental Quality Act and the State and City of Anaheim CEQA Guidelines. That as demonstrated by the analysis included in the Addendum for all environmental issues, the Proposed Project Actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts and no supplemental or subsequent environmental review is required. o That the Addendum to the Mitigated Negative Declaration including the Modified Mitigation Monitoring Plan No. 004 are adequate to serve as the required environmental documentation for the Proposed Project Actions based on the findings that: The Addendum and the Modified Mitigation Monitoring Plan No. 004 reflect the independent judgement of the lead agency; That it has considered the Addendum and the Modified Mitigation Monitoring Plan No. 004 together with any comments and responses received during the public hearing process and finds that there is no substantial evidence that, with the imposition of the mitigation measures identified in Modified Mitigation Monitoring Plan No. 004, the project will have a significant effect on the environment. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of February, 2002. MAY R OF TH~CITY OF AN~EIM O ATTEST: CIT~ CLERK OF T~E CITY OF ANAHEIM 43604.1\smann -5- D < o o 8 8 0 ~ 8 8 0 0 0 0 8 8 0 ~ 'C 8 8 o o ~ ~ ~ ] 1~ o ~ 0 ~ I'~ ~ = ~ / I~ mo ~'Om~> ~ ~o / I~'~ [~;l~oE 0 ~ ~ ~ ' I~ ~ o ~ ~ ~ o ~ ~ ~ o / I~ ~,~ o / I~'- ~ I ~ ~ o ~ ~ ~ I~1 ~ ~ E o w o o ~ / I~ o_ ~-~ ~ / I~ '- ~ I /::1 ~ ~ o ~ , ~ o m ~ ] ] ~ ~ / I~ 0.0 ~~ 0 0 ~ ~ ~ I~ ~ ~ ~ I~ 0 ~ · ~ ~ ~ '~ · / 0 ~ : 0 ~ 0 0 8 8 ~::,, '~ ~ (D ~ > c · -- :: ~ · ~ ~ · ~ ~ '~ ~ ~ ~._ 0 : ~ ~ C O~ '~ ~ o o o ~ m ~ o , ~ m · ~ ~o ~ E~ ~ ..... ~=~ ~ m c -' 8 ~ m - o ~ o ~ c .... ~ m m ~ m.=~ o o~ o~ [ ~ o 8 : o ~ o ~ = ~ '- c~ _ o ~ ~ ~ ~ m ~,~ 8 O) 0 r- t- 8 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-53 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of February, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL)