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RES-2024-019RESOLUTION NO. 2 0 2 4- 01 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 388 FOR DEVELOPMENT APPLICATION NO. 2019-00161 (125 EAST BALL ROAD) WHEREAS, the City Council of the City of Anaheim (the "City Council") 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 1.08 (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, and the CEQA Guidelines 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 WHEREAS, the City received two letters during the comment period and three letters at the December 4, 2023, Planning Commission meeting 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, the City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA and the CEQA Guidelines for the Proposed Project; 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, by adoption of its Resolution No. PC2023-033, and pursuant to the provisions of CEQA and the CEQA Guidelines, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to this Resolution and contained in MMP No. 388, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 388; and WHEREAS, upon receipt of the Planning Commission recommendation, made by Resolution No. PC2023-033 the City Council did fix the 27th day of February 2024, as the time, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 388 and any comments received to date, and the responses prepared, the City Council does 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 MMP No. 388, serves as the appropriate environmental documentation for the Proposed Project. 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 and after the public review period) prior to acting upon the Proposed Project. -2- 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 MMP No. 388 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; and 4. That the City Council hereby approves and adopts Mitigated Negative Declaration and MMP No. 388 for DEV2019-00161; 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 presentations, 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. 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 this City Council, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date, does hereby adopt the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) based on the findings and determinations 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 MMP No. 388, serves as the appropriate environmental documentation for the Proposed Project. 2. That it has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received) 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 MMP 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. 388 for the Proposed Project. -3- THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 2711, day of February 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Faessel and Meeks NOES: Council Members Leon and Rubalcava ABSENT: None ABSTAIN: None CITY OF ANAHEIM jd4o-4 �-� MAYOR O E CITY OF ANAHEIM XCL�R�KOF THE CITY OF ANAHEIM -4- EXHIBIT "A" DEV NO.2019-00161 APN: 234-161-04 '^ r 234-161-26 y G O Z a N pVti cvo o CA La L X. L (� p 27� O w O Co 'm 142' W BALL RD E BALL RD a oo Co N N 791' 0o so Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT `B" MMP No. 388 (DEV2019-00161) Pacific Resort Plaza 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 em ironment. The City of Anaheim, Planning and Building Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy ofany 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 owneddeveloper. 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 measures) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limitedto 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 ofthis 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. 1 Mitigation Monitoring FWam Pacific Resort Plaza PACIFIC RESORT PLAZA MITIGATION MONITORING PROGRAM Mitigation Responsible for L I Measure No. Timing Measure Monitoring Completion CULTURAL RESOURCES 5-1 Prior to issuance of the grading Prior to the issuance of the grading permit, the applicant shall provide written evidence to Planning Department, permit the City that the applicant has retained an Orange County -certified archaeologist to Building Services observe grading activities and salvage and catalogue archaeological resources as Division 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. GEOLOGY AND SOILS 6-1 Prior to issuance of each building Prior to issuance of each building permit, the property owner/developer shall submit plans Planning Department, permit to the Planning Department, Building Services Division for review and approval showing Building Services that the proposed structure has been analyzed for earthquake loading and designed Division according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim 6-2 Prior to issuance of building or Prior to issuance of building or grading permits, the property owner/developer shall submit Planning Department, grading permits to the Planning and Building Department, Building Services Dion geologic and Building Services geotechnical investigations in areas of potential seismic or geologic hazards and provide Division a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. 6-3 Prior to the issuance of the grading permit, the applicant shall provide written evidence to Planning Department, the City that the applicant has retained an Orange County -certified paleontologist In the Building Services event that paleontological resources are inadvertently unearthed during excavation Division 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. Mitigation Monitoring Program Pacific Resort Plaza PACIFIC RESORT PLAZA MITIGATION MONITORING PROGRAM Mitigation IResponsible for Measure No. I Timing Measure Monitoring Completion TRIBAL CULTURAL RESOURCES 18-1 Prior to the issuance of any Prior to the issuance of any grading permit in which native soil, as identified by the Planning Department, grading permit geotechnical report prepared for the project, is disturbed, the property owner/developer Building Services or contractor as designee shall provide evidence in the form of an executed Agreement Division 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 Gabrieleno Band of Mission Indians — Kizh Nation. The agreement shall include (i) professional qualifications of Native American monitor; (i) detailed scope of services to be provided including but not limited to pre -construction education, observation, evaluation, protection, salvage, notification, andlor curation requirements, as applicable, with final documentation/report to Public Works Inspector; (ii) contact information; (v) 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 professionals) shall be subject to City acceptance 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. Mr7igation Monitoring a0gram CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-019 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of February. 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Faessel and Meeks NOES: Council Members Leon and Rubalcava ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of February,- 2024. CITY LERK OF THE CITY OF ANAHEIM (SEAL)