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RES-2016-132RESOLUTION NO. 201 6-1 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING (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 (2) MITIGATION MONITORING PLAN NO. 332 FOR CONDITIONAL USE PERMIT NO. 2016- 05859, FINAL SITE PLAN NO. 2016-00002, AND DEVELOPMENT AGREEMENT NO. 2016-00002. (DEV2015-00078) (1030 WEST KATELLA AVENUE) WHEREAS, the City of Anaheim received a verified petition from FJS, Inc., a Texas corporation (the "Developer"), requesting that the City of Anaheim ("City") consider and approve a Development Agreement, designated as "Development Agreement No. 2016-00002", in conjunction with the Developer's application for Conditional Use Permit No. 2016-05859 and Final Site Plan No. 2016-00002 to permit the construction of a AAA Four Diamond Hotel containing up to 634 hotel rooms, up to 42,000 square feet of meeting space, up to 31,179 square feet of retail and restaurant space, a seven -level parking structure, of which the ground floor would be dedicated to back -of -house uses for the Anaheim Convention Center, and a zero -foot wide interior setback along the east property line (herein referred to collectively as the "Proposed Project") for (a) that certain 6.44 -acre (approximate) parcel of land located at 1030 West Katella Avenue in the City of Anaheim, County of Orange, State of California(herein referred to as the "Developer's Property"), and (b) that certain 1.67 -acre (approximate) triangular parcel of land currently owned by the City (herein referred to as the "City Property") and proposed for sale to the Developer for development of the Proposed Project. The Developer's Property and the City Property are herein referred to collectively as the "Property". The Property is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Developer's Property is developed with a 358 -room hotel and accessory uses. The City Property is a back -of -house area used by the City in conjunction with the Anaheim Convention Center. The Anaheim General Plan and the Anaheim Resort Specific Plan designate the Property for Commercial Recreation land uses. The Developer's Property is located within the boundaries of the Commercial -Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific Plan Zone (the "SP 92-2 Zone"). The City Property is located within the boundaries of the Public -Recreation (PR) District of the SP 92-2 Zone; 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 1 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 Anaheim Municipal Code (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, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in connection with the Proposed Project, an Addendum to SEIR No. 340, dated June 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 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. SEIR No. 340, the proposed Addendum, the mitigation measures set forth in Mitigation Monitoring Program 85C approved in conjunction with SEIR No. 340, and Mitigation Monitoring Plan No. 332 ("MMP No. 332"), which MMP No. 332 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 2 WHEREAS, on June 13, 2016, the Planning Commission of the City of Anaheim (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 Chapter 18.60 of the Code, to hear and consider evidence and testimony concerning the contents and sufficiency of the Addendum and for and against the Proposed Project and to investigate and make findings in connection therewith; 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. PC2016-045 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 MMP No. 332 for the Proposed Project; and WHEREAS, upon receipt of the Planning Commission's Resolution No. PC2016-045, 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. 3 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: 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 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 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 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 SEIR No. 340; (b) significant effects previously examined will be substantially more severe than shown in 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 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 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 MMP No. 332 for the Proposed Project. 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 CITY CLERK OF THE CITY OF A AHEIM 117794 5 CITY OF ANAHEIM eAzn �--Ze M YOR OF THE CITY OF 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. 2016-132 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. "ac15� - CITY CLERK OF THE CITY TF ANAHEIM (SEAL) EXHIBIT "A" DEV NO. 2015-00132 APN: 137-011-07 137-011-20 v 0 z a W z _N N W KATELLA AVE CV 719' /5' 471' H � N z z n a U 0 s 0 s 0 o so ioo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet.