RES-2024-057RESOLUTION NO. 2 0 2 4- 0 5 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM RESCINDING RESOLUTION
NO. 2024-019
(DEVELOPMENT APPLICATION NO. 2019-00161)
WHEREAS, the Planning Commission of the City of Anaheim 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 to increase the
allowable Floor Area Ratio (FAR) to 1.08 (the "Proposed Project"), for that certain real property
located at 125 E. 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 Sections 21000, et seq.; herein referred to as
"CEQA") and 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 to evaluate the physical environmental impacts
of the Proposed Project; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring and Reporting Plan was prepared for the Proposed Project and includes mitigation
measures that are specific to the Proposed Project (herein referred to as "MMP No. 388"); and
WHEREAS, by adoption of Resolution No. 2024-019 on February 27, 2024, and pursuant
to CEQA and the CEQA Guidelines, the City Council approved and adopted the Mitigated
Negative Declaration and MMP No. 388 for the Proposed Project; and
WHEREAS, on April 15, 2024, an entity entitled Supporters Alliance for Environmental
Responsibility ("SAFER") filed a CEQA challenge to the City's approval of the Proposed Project;
and
WHEREAS, SAFER has agreed to dismiss its lawsuit if the City rescinds its approval of
the Proposed Project; and
WHEREAS, the applicant is now considering significant modifications to the Proposed
Project, which will require a new application and CEQA review, and on May 6, 2024, the applicant
submitted a letter requesting termination of the approvals for the Proposed Project; and
WHEREAS, pursuant to Section 18.60.210 of the Anaheim Municipal Code, the City's
Planning and Building Director terminated the Conditional Use Permits and Minor Conditional
Use Permit for the Proposed Project on May 16, 2024; and
WHEREAS, the City Council therefore desires to set aside its approval of the Mitigated
Negative Declaration and MMP No. 388, and rescind Resolution No. 2024-019.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
SFCTTON 1 _
That City Council approval and adoption of Mitigated Negative Declaration and
MMP. No. 388 for Development Application No. 2019-00161 is hereby rescinded.
SECTION 2.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this Resolution be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
resolution independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Resolution is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Resolution. The City Council hereby declares that it would have passed this
Resolution, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 3.
The City Clerk shall certify to the adoption of this Resolution.
14
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 18 day of June , 2024, by the following roll call vote:
AYES: Mayor Aitken and Council Members Kurtz, Diaz,
Leon, Rubalcava, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By
MAYOR OF CITY OF ANAHEIM
ATTEST:
a4:�OF THE CITY OF ANAHEIM
EXHIBIT "A"
DEV NO.2019-00161
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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. 2024-057 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 18' day of June. 2024 by the following vote of the members thereof.
AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and
Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of June. 2024.
AITY�RK OF THE CITY OF ANAHEIM
(SEAL)