Attachment 1 - Draft Planning Commission CEQA Resolution including MMP No. 388[DRAFT] ATTACHMENT NO. 1
RESOLUTION NO. PC2023-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ANAHEIM RECOMMENDING THAT THE CITY COUNCIL APPROVE
AND ADOPT THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN NO. 388 FOR DEVEVELOPMENT
APPLICATION NO. 2019-00161
(125 EAST BALL ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for a Reclassification and Conditional Use Permits,
(collectively known as Development Application No. 2019-00161), to construct an approximately
67,715 square foot hotel with valet parking, and a detached 1,200 square foot walk-up/drive-
through restaurant, and an increase in the allowable Floor Area Ratio (FAR) to 0.97 (the "Proposed
Project"), for that certain real property located at 125 East Ball Road 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, 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"), the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, an Initial Study in support of a Mitigated Negative Declaration was prepared
in accordance with CEQA, the CEQA Guidelines and the City's CEQA Procedures to evaluate the
physical environmental impacts of the Proposed Project. The Initial Study/Mitigated Negative
Declaration was circulated for a 20-day public/responsible agency review on October 19, 2023,
and was also made available for review on the City’s web page, with hard copies available at City
Hall and the Anaheim Public Library, and it was uploaded digitally with the Office of Planning
and Research’s CEQAnet database and the Orange County Clerk-Recorder; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring and Reporting Plan has been prepared for the Proposed Project and includes mitigation
measures that are specific to the Proposed Project (herein referred to as "MMP No. 388"). A
complete copy of MMP No. 388 is attached hereto as Exhibit B and incorporated herein by this
reference; and
WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration
to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and
organizations, if any, that previously submitted written requests for notice pursuant to Section
15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction
over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the
CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the
CEQA Guidelines; and
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WHEREAS, the City received two letters during the comment period and although not
required by CEQA, the City prepared responses to the comments received. Pursuant to CEQA
Guidelines Section 15073.5, none of the comments received resulted in the need to recirculate the
IS/MND or to prepare an Environmental Impact Report (EIR); and
WHEREAS, the IS/MND including comments, response to comments and errata shall be
referred to herein collectively as the “Mitigated Negative Declaration” and together with
Mitigation Monitoring Plan No. 388 prepared for the Proposed Project constitute the
environmental documentation under and pursuant to CEQA, and the State CEQA Guidelines and
shall be referred to herein collectively as the “CEQA Documents”; and
WHEREAS, on December 4, 2023, the 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 (Procedures) of the Code, to hear and consider evidence for the
Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed
Project and related actions, and to investigate and make findings and recommendations 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 Mitigated Negative Declaration, together
with the other CEQA Documents; and
WHEREAS, to the extent authorized by law, the Planning Commission desires and intends
to use the Mitigated Negative Declaration, together with the other CEQA Documents, as the
environmental documentation required by CEQA and the CEQA Guidelines for the Proposed
Project; and
WHEREAS, the Planning Commission 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
negate the findings made in this Resolution. The Planning Commission 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 Planning Commission, pursuant to the
above findings and based upon a thorough review of proposed Mitigated Negative Declaration,
the other CEQA Documents and the evidence received to date, does find and determine and
recommends that the City Council also find and determine as follows:
1. That the Mitigated Negative Declaration has been prepared in compliance with the
requirements of CEQA and the CEQA Guidelines and, together with MMRP No. 388, serves as
the appropriate environmental documentation for the Proposed Project.
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2. That it has carefully reviewed and considered the information contained in the
Mitigated Negative Declaration (including the Initial Study and any comments received during the
public review period) prior to acting upon the Proposed Project.
3. Based upon the record before it (including the Initial Study and any comments
received), the Proposed Project will have a less than significant impacts upon the environment
with the implementation of the mitigation measures contained in MMRP No. 388 and that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the City
Council; and
4. Pursuant to the above findings, the Planning Commission recommends the City
Council determine that the Mitigated Negative Declaration and Mitigation Monitoring Plan No.
388, are the appropriate environmental documentation for the Proposed Project and hereby
recommends that the City Council approve and adopt the Mitigated Negative Declaration and
Mitigation Monitoring Plan No. 38X for the Proposed Project.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 4, 2023.
_______________________________________________
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
Pacific Resort Plaza
1 Mitigation Monitoring Program
PACIFIC RESORT PLAZA
MITIGATION MONITORING PROGRAM
DEVELOPMENT PROJECT NO. 2019-00161
Terms and Definitions
1.Property Owner/Developer − Any owner or developer of real property within the Pacific Resort Plaza Project Site.
2.Environmental Equivalent/Timing − Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same
or superior result and will have the same or superior effect on the environment. The City of Anaheim, Planning and Building Department, in
conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed “environmental equivalent timing”
and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order
to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be
charged on a time and materials basis at the rate in the City’s adopted Fee Schedule.
3.Timing − This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated,
it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied
with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that
the intent of the measure has been complied with. For example, if the timing is “to be shown on approved building plans” subsequent to issuance
of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure
compliance.
4.Responsibility for Monitoring − Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate
by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation
Monitoring Plan which have permit authority in conjunction with the mitigation measure.
5.Ongoing Mitigation Measures − The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring
Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance
with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of
the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored “Ongoing During
Construction,” the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after
construction is complete. A final annual letter will be provided at the close of construction.
6.Building Permit − For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of
a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant
improvements or minor additions to an existing structure or building.
EXHIBIT "B"
MMP No. 338
(DEV2021-00123
Pacific Resort Plaza
2 Mitigation Monitoring Program
PACIFIC RESORT PLAZA
MITIGATION MONITORING PROGRAM
Mitigation
Measure No. Timing Measure
Responsible for
Monitoring Completion
CULTURAL RESOURCES
5-1 Prior to issuance of the grading
permit
Prior to the issuance of the grading permit, the applicant shall provide written evidence to
the City that the applicant has retained an Orange County-certified archaeologist to
observe grading activities and salvage and catalogue archaeological resources as
necessary. The archaeologist shall be present at the pre-grade conference, shall
establish procedures for archaeological resource surveillance, and shall establish, in
cooperation with the applicant, procedures for temporarily halting or redirecting work to
permit the sampling, identification, and evaluation of the artifacts as appropriate. If
archaeological resources are inadvertently unearthed during excavation activities, the
contractor shall immediately cease all earth-disturbing activities within a 100-foot radius
of the area of discovery and the archaeologist and City shall be notified immediately. If
the archaeological resources are found to be significant, the archeologist, in consultation
with the City, shall determine appropriate actions for exploration and salvage. After the
find has been appropriately avoided or mitigated, work in the area may resume.
Planning Department,
Building Services
Division
Pacific Resort Plaza
3 Mitigation Monitoring Program
PACIFIC RESORT PLAZA
MITIGATION MONITORING PROGRAM
Mitigation
Measure No. Timing Measure
Responsible for
Monitoring Completion
GEOLOGY AND SOILS
6-1 Prior to issuance of each building
permit
Prior to issuance of each building permit, the property owner/developer shall submit plans
to the Planning Department, Building Services Division for review and approval showing
that the proposed structure has been analyzed for earthquake loading and designed
according to the most recent seismic standards in the California Building Code adopted
by the City of Anaheim.
Planning Department,
Building Services
Division
6-2 Prior to issuance of building or
grading permits
Prior to issuance of building or grading permits, the property owner/developer shall submit
to the Planning and Building Department, Building Services Division geologic and
geotechnical investigations in areas of potential seismic or geologic hazards and provide
a note on plans that all grading operations will be conducted in conformance with the
recommendations contained in the applicable geotechnical investigation.
Planning Department,
Building Services
Division
6-3 Prior to the issuance of the grading permit, the applicant shall provide written evidence to
the City that the applicant has retained an Orange County-certified paleontologist. In the
event that paleontological resources are inadvertently unearthed during excavation
activities, the contractor shall immediately cease all earth-disturbing activities within a
100-foot radius of the area of discovery and the contractor shall contact the City
immediately. The City shall retain a qualified professional paleontologist to evaluate the
significance of the find, and in consultation with the City, determine an appropriate course
of action. If the paleontological resources are found to be significant, the paleontologist,
in consultation with the City, shall determine appropriate actions for exploration and
salvage. After the find has been appropriately avoided or mitigated, work in the area may
resume.
Planning Department,
Building Services
Division
TRIBAL CULTURAL RESOURCES
18-1 Prior to the issuance of any
grading permit
Prior to the issuance of any grading permit in which native soil, as identified by the
geotechnical report prepared for the project, is disturbed, the property owner/developer
or contractor as designee shall provide evidence in the form of an executed Agreement
to the City of Anaheim Planning and Building department that they have retained a
qualified Native American tribal monitor to provide third-party monitoring during
excavation and grading activities in native sediment and to recover and catalogue tribal
resources as necessary. The tribal monitor shall be from or approved by the Gabrieleño
Band of Mission Indians – Kizh Nation. The agreement shall include (i) professional
qualifications of Native American monitor; (ii) detailed scope of services to be provided
including but not limited to pre-construction education, observation, evaluation,
protection, salvage, notification, and/or curation requirements, as applicable, with final
documentation/report to Public Works Inspector; (iii) contact information; (iv)
communication protocols between Contractor and Monitor for scheduling to facilitate
timely performance; (v) acknowledgment that if the tribal monitor is unavailable or
unresponsive based on terms stipulated in the agreement, property owner/developer or
contractor as designee may contract with another qualified tribal monitor acceptable to
the City. The selection of the qualified professional(s) shall be subject to City acceptance
Planning Department,
Building Services
Division
Pacific Resort Plaza
4 Mitigation Monitoring Program
PACIFIC RESORT PLAZA
MITIGATION MONITORING PROGRAM
Mitigation
Measure No. Timing Measure
Responsible for
Monitoring Completion
based on generally accepted professional qualifications and certifications, as applicable.
The cover sheet of the grading plans shall include a note to identify that third party tribal
monitoring is required during excavation and grading activities in accordance the with
City-approved Agreement. Contact information for approved tribal monitor shall be
provided by the contractor to the City inspector at the pre-construction meeting.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on December 4, 2023, by the following vote of the
members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December, 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM