Loading...
RES-2015-135 RESOLUTION NO. 2015-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE SECOND ADDENDUM TO PREVIOUSLY-CERTIFIED ARTIC ENVIRONMENTAL IMPACT REPORT NO. 2010-00343 FOR THE ANAHEIM REGIONAL TRANSPORTATION INTERMODAL CENTER ("ARTIC") AND DETERMINING THAT SAID ADDENDUM, TOGETHER WITH OTHER PREVIOUSLY-APPROVED ENVIRONMENTAL DOCUMENTATION, SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED ORDINANCE ESTABLISHING A SPECIAL SIGN DISTRICT FOR ARTIC AND THE ARTIC COORDINATED SIGN PROGRAM. WHEREAS, on September 28, 2010, the City Council of the City of Anaheim (herein referred to as the "City Council") adopted its Resolution No. 2010-161, certifying the ARTIC Environmental Impact Report No. 2010-00343 ("EIR No. 343 "} in support of the Anaheim Regional Transportation Intermodal Center ("ARTIC") project, which proposed to relocate the existing Anaheim Metrolink/Amtrak passenger rail station 0.25 mile east along the existing Orange County Transportation Authority ("OCTA") railroad right-of-way and included, among other improvements, the development of an intermodal terminal, a public plaza and drop-off area, tracks, passenger rail boarding platforms, improvements to Douglass Road, and surface parking. The City Council determined that EIR No. 343 addressed the environmental impacts and mitigation measures associated with the development of the ARTIC project and associated actions; and WHEREAS, by motion made on May 29, 2012 in conjunction with its adoption of Resolution No. 2012-046 approving Conditional Use Permit No. 2010-05492 to permit the development and construction of ARTIC, the City Council approved an Addendum to EIR No. 343 (the "First Addendum"). The First Addendum evaluated refinements to the project description identified in EIR No. 343, including a reduction in building square footage at the intermodal terminal building; a change to an above-grade bus transit facility; the addition of a pedestrian concourse; removal of the Metrolink/Amtrak concourse tunnel; addition of a baggage tunnel; changes to the platform width and length; reduced width of the Douglass Road Bridge; and modifications to Douglass Road and Katella Avenue. As part of the refined project, the First Addendum also evaluated a sponsorship signage program that could include up to 13 pylon signs approximately 85-feet high by 20-feet wide with up to 760 feet of advertising space per sign; and WHEREAS, the City Council of the City of Anaheim ("City Council") desires to establish a special sign district for ARTIC to be known as the "ARTIC Special Sign District" in conformance with Section 5272.1 of the California Business and Professions Code and under the authority conferred upon the City Council by the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution; and WHEREAS, the City Council desires to establish standards and regulations for the orderly and most appropriate location and use of signs within the ARTIC Special Sign District in accordance with a ARTIC Coordinated Sign Program in the form presented to this City Council at the meeting at which this Resolution is being considered and approved; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"} and the State of California Guidelines for 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 "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program; and WHEREAS, in connection with the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program, a second Addendum to the previously- certified EIR No. 343, dated February, 2015 (herein referred to as the "Second Addendum"), has been prepared pursuant to the provisions of Section 15164 of the State CEQA Guidelines in order to determine whether any significant environmental impacts which were not identified in EIR No. 343 would result or whether previously identified significant impacts would be substantially more severe in connection with this proposed ordinance. EIR No. 343, the First Addendum and the Second Addendum shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, on February 23, 2015, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures} of the Code, to hear and consider evidence for and against the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports and did adopt its Resolution No. PC2015-016 containing a report of its findings, a summary of the evidence presented at said hearing, and found and determined that (i) the Second Addendum was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; (ii) the proposed Second Addendum serves as the appropriate environmental documentation for the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program and satisfies all of the requirements of CEQA; (iii) 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 in connection with the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program; and (iv) no further environmental documentation needs to be prepared under CEQA for establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program; and WHEREAS, upon receipt of said Resolution No. PC2015-016, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council considered the Second Addendum, together with the other CEQA Documents, and all factors relating to the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program; and 2 WHEREAS, to the extent authorized by law, the City Council desires and intends to use the Second Addendum, together with the other CEQA Dacuments, as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program; and WHEREAS, in connection with the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program and the Planning Commission's review of the Second Addendum, together with the other CEQA Documents, the 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; and WHEREAS, the 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 meeting at which this Resolution was adopted, the staff presentations, 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. The 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 of the City of Anaheim, based upon a thorough review of the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program, the Second Addendum, the rest of the CEQA Documents, and the evidence received to date, does determine as follows: 1. That the Second Addendum was prepared in eompliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and serves as the appropriate environmental documentation for the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program. 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Second Addendum, none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred; specifically: a. There have not been any substantial changes in the ARTIC project that require major revisions of EIR No. 343 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 ARTIC project is undertaken that require major revisions of EIR No. 343 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 3 _. time EIR No. 343 was certified as complete or the First Addendum was approved, that shows any of the following: (a) the project will have one or more significant effects not discussed in EIR No. 343 or the First Addendum; (b) significant effects previously examined will be substantially more severe than shown in EIR No. 343; (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 establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program, but the project proponents decline to adopt the mitigation measures or alternatives; or (d} mitigation measures or alternatives which are considerably different from those analyzed in EIR No.343 would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. BE IT FURTHER RESOLVED that, pursuant to the above findings, the City Council determines that the previously-approved CEQA Documents, together with the Second Addendum, are adequate to serve as the required environmental documentation for the proposed establishment of the ARTIC Special Sign District and the ARTIC Coordinated Sign Program and that, accordingly, the Second Addendum is hereby approved and adopted. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of March, 2015, by the following roll call vote: AYES: Mayor Tait, Council Members Kring, Murray, Brandman and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY ANAHEI MAYOR OF THE CITY OF ANAHEIM ATTE : CITY CLERK OF THE CITY OF ANAHEIM 107879/ I'JR 4