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RES-2016-130RESOLUTION NO. 2016-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING (1) AN ADDENDUM TO THE PREVIOUSLY -CERTIFIED FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340 FOR AMENDMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT NO. 311 FOR THE DISNEYLAND RESORT SPECIFIC PLAN, AND (2) MITIGATION MONITORING PLAN NO. 329 FOR CONDITIONAL USE PERMIT NO. 2016- 05858, VARIANCE NO. 2016-05060, FINAL SITE PLAN NO. 2016-00001 AND DEVELOPMENT AGREEMENT NO. 2016- 00001. (DEV2015-00120) (1700 SOUTH HARBOR BOULEVARD) WHEREAS, the City of Anaheim received a verified petition from Good Hope International, a California corporation (the "Developer"), requesting that the City consider and approve a Development Agreement, designated as "Development Agreement No. 2016-00001 ", in conjunction with the Developer's application for Conditional Use Permit No. 2016-05858, Variance No. 2016-05060 and Final Site Plan No. 2016-00001 to permit the construction of a 580 -room, eight -story hotel with 50,000 square feet of meeting space, 25,600 square feet of restaurant space, 20,188 square feet of concierge lounge space, and fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (herein referred to collectively as the "Proposed Project") for certain real property located at 1700 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, consisting of approximately 8.8 acres, is developed with a 300 -room hotel and accessory uses. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of both District A and the Anaheim GardenWalk Overlay of the Disneyland Resort Specific Plan Zone (the "SP 92-1 Zone"). The land use and site development standards for District A of the SP 92-1 Zone pen -nit the Property to be developed with uses set forth in Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Code. The Proposed Project is a permitted primary use and structure on the Property subject to the limitations prescribed in subsection .020 of Section 18.114.095 (Land Use and Site Development Standards — District A) of Chapter 18.114 (Anaheim Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code and Section 18.114.105 (Anaheim Gardenwalk Overlay) of said Chapter 18.114; and WHEREAS, in support of the adoption of the Disneyland Resort Specific Plan ("DRSP"), the City Council certified Final Environmental Impact Report No. 311 ("FEIR No. 311 ") by the adoption on June 22, 1993 of its Resolution No. 93R-107; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan ("ARSP") to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The ARSP 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 balance between growth and infrastructure. The ARSP 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. 5454 for the purpose of amending the zoning map to reclassify certain real property located within the ARSP area into the Anaheim Resort Specific Plan Zone (the "SP 92-2 Zone"), subject to certain conditions as specified therein. The City Council concurrently adopted Ordinance No. 5453 for the purpose of establishing zoning and development standards for the ARSP area in the form of what was then known as Chapter 18.48 of Title 18 (Zoning) of the Code and is now known as Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Code; and WHEREAS, in support of the adoption of the ARSP and the zoning and development standards for the SP 92-2 Zone, the City Council certified Master Environmental Impact Report ("MEIR No. 313") by the adoption on September 20, 1994 of its Resolution No. 94R-234; and WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental Environmental Impact Report No. 2008-00340 ("SEIR No. 340"), which reevaluated all of the environmental changes that had occurred in and around the ARSP area since its adoption in 1994 and contained an analysis of the potential environmental impacts of various entitlements and actions referenced therein, including, inter alia, entitlements permitting the maximum build -out of the ARSP, including an increase of 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; and WHEREAS, in connection with the Proposed Project, an Addendum to FEIR No. 311 and SEIR No. 340, dated April 2016 (herein referred to as the "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 pursuant to the provisions of Section 15164 of the CEQA Guidelines in order to determine whether any significant environmental impacts which were not identified in FEIR No. 311 and/or SEIR No. 340 would result from the Proposed Project or whether previously identified significant impacts would be substantially more severe in connection with the Proposed Project. FEIR No. 311, SEIR No. 340, the proposed Addendum, and Mitigation Monitoring Plan No. 329 ("MMP"), which MMP has been prepared for the Proposed Project, collectively constitute the environmental documentation under and pursuant to CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual relating to the Proposed Project and shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as "Planning Commission") conducted a public hearing on the Proposed Project at the Civic Center in the City of Anaheim on April 18, 2016, notice of said public hearing having been duly given 2 as required by law and in accordance with the provisions of Chapter 18.60 of the Code, and considered information presented by City staff and evidence and testimony concerning the contents and sufficiency of the Addendum and for and against the Proposed Project; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the Planning Commission considered all factors relating to the Proposed Project, including the Addendum, together with the other CEQA Documents, and did adopt its Resolution No. PC2016-030 containing a report of its findings, a summary of the evidence presented at said hearing, and finding and determining and also recommending that the City Council so find and determine that (i) the Addendum, together with the other CEQA Documents, satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed Project; (ii) none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the Proposed Project; (iii) no further environmental documentation needs to be prepared under CEQA for the Proposed Project; and (iv) recommending that the City Council approve and adopt the Addendum and Mitigation Monitoring Program No. 329 for the Proposed Project; and WHEREAS, upon receipt of the Planning Commission's Resolution No. PC2016-030, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 12th day of July, 2016, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering the Addendum, together with the other CEQA Documents, and did give notice thereof in the manner and as provided by law; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the City Council considered all factors relating to the Proposed Project, including the Addendum, together with the other CEQA Documents, and the recommendations of the Planning Commission; and WHEREAS, to the extent authorized by law, the City Council desires and intends to use the Addendum, together with the other CEQA Documents, as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentation, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to the above findings and based upon a thorough review of the proposed Addendum, the other CEQA Documents, and the evidence received to date, does find and determine as follows: 3 1. That the Addendum was prepared for the Proposed Project in compliance with the requirements of CEQA, the 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 Addendum, none of the conditions described in Sections 15162 or 15163 of the 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 "project" described and analyzed under FEIR No. 311 and SEIR No. 340 that require major revisions of those 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 Proposed Project is undertaken that require major revisions of FEIR No. 311 and/or SEIR No. 340 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 FEIR No. 311 and SEIR No. 340 were certified as complete and adopted, that shows any of the following: (a) the Proposed Project will have one or more significant effects not discussed in FEIR No. 311 and SEIR No. 340; (b) significant effects previously examined will be substantially more severe than shown in FEIR No. 311 and/or SEIR No. 340; (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 Proposed Project, but the Developer declines to adopt the mitigation measures or alternatives; or (d) mitigation measures or alternatives which are considerably different from those analyzed in FEIR No. 311 and SEIR No. 340 would substantially reduce one or more significant effects on the environment, but the Developer declines to adopt the mitigation measures or alternatives. 3. In connection with the Proposed Project and this City Council's review of the Addendum, this 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. 4. Pursuant to the above findings, this City Council determines that FEIR No. 311 and SEIR No. 340, together with the Addendum, satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed Project and, therefore, hereby approves and adopts the Addendum and Mitigation Monitoring Program No. 329 for the Proposed Project. IIIA C! THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12 day of July , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Council Member Vanderbilt ABSENT: Mayor Tait ABSTAIN: None ATTES a� CITY CLERK OF THE CITY OF ANAHEIM 116626v3/TJR 5 CITY OF ANAHEIM OR OF THE CITY AHEIM PRO TEM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2016-130 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 12th day of July, 2016, by the following vote of the members thereof: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Council Member Vanderbilt ABSTAIN: None ABSENT: Mayor Tait IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of July, 2016. "ai ) CITY CLERK OF THE CIT OF ANAHEIM (SEAL) EXHIBIT "A" DEV NO. 2015-00120 APN: 082-271-10 082-271-09 W DISNEY WAY �3 131' 73.72' 0 39' 107' M m in co O 2 m 20 d s 657' o sQo goo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet.