Resolution-PC 2006-21~ •
RESOLUTION NO. PC2006-21
A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION
DETERMINING, AND RECOMMENDING THAT THE CITY COUNCIL DETERMINE, THAT
THE PREVIOUSLY-APPROVED POINTE ANAHEIM INITIAL STUDY AND MITIGATEDNEGATIVE
DECLARATION TOGETHER WITH THE SECOND ADDENDUM DATED MARCH 1, 2006
, AND MODIFlED MITIGATION MONITORING PROGRAM NO. 004A
AREADEQUATE TO SERVE ASTHE REQUIRED ENVIRONMENTAL
DOCUMENTATION FOR THE PROPOSED PROJECT ACTIONS
WHEREAS, in conjunction with approval ofThe Disneyland Resort Specific Plan No. 92-1
and General Plan Amendment No. 331, the City Council by its Resolution Na 96R-107 dated June 22, 1993,
certified Final Environmental Impact Report No. 311, adopted a Statement'of Findings and Facts and a
Statement of Overriding Considerations and adopted Mitigation Monitoring Program ("MMP") Na 0067 in
compliance with the California Environmental Quality Act (CEQA); and further determined that the Final EIR
addresses the environmental impacts and mitigation measures associated with the development of The
DisneylandResort and associated actions and MMP No: 0067 ensures comptiance with the adopted
mitigation measures (the "Final EIR"); and '
WHEREAS; in conjunction with the approval of Amendment No. 3 to The Disneyland Resort
Specific Plan No: 92-1, the City.Council by its Resolution No.96R-176 dated October 8, 1996, determined
that the previously-certified Final EIR together with the Addendum to the FinaI,EIR dated July 31, 1996 {the
"Final E1R Addendum'') and the Modified Mitigation Monitoring Program No. 0067 were adequate to serve as
the required environmental documentation for the project action; and
WHEREAS, in conjunction with approva( of the project actions associated with the Pointe
Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim ProjecY') consisting of General
Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1, Amendment
to The Anaheim Resort Public Realm Landscape Program, Conditional Use Permit No. 4078 and .
Development Agreement No. 99-1, the City Council, by its Resolution No. 99R-133 dated June 22, 1999,
approved the Mitigated Negative Declaration and the Mitigation Monitoring Program No. 004 for the Pointe
Anaheim Project, and determined their adequacy to serve as the required environmental documentation for
the project actions (the "Pointe Anaheim Mitigated Negative Declaration"); and
WHEREAS, in conjunction with approval of project actions associated with an amendment to
the Pointe Anaheim Project consisting of General Plan Amendment No. 2001-00393, Amendment No. 5 to
The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3 to The Anaheim Resort Public Realm
Landscape Program, Amendment to Conditional Use Permit No. 4078, and a request for the City of Anaheim
to enter into the First Amended and Restated Development Agreement No. 99-1 with Excel Pointe Anaheim,
LLC, the City Council, by its Resolution 2002R-53 dated February 26, 2002, determined that the previously-
approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with an Addendum
(dated October 29, 2001 and revised February 11, 2002), and Modified Mitigation Monitoring Program No.
004 (the "First Addendum), were adequate to serve as the required environmental documentation for the
proposed project actions; and
WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William
Stone, as authorized agent for Anaheim GW, LLC, submitted a request dated December 5, 2005, that the
Planning Commission initiate General Plan Amendment No. 2005-00440, Amendment No. 6 to The
Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver
of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe -
Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the
Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and
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WHEREAS, on December 12, 2005, the Planning Commission, by motion, duly initiated
General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan and
an amendment to Conditional Use PermitNo. 4078 (including a waiver of minimum number of parking
spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay that is not under
the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel and Suites
property Iocated at 1700 South Harbor Boulevard; and
WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William
Stone, as' authorized agent for Anaheim GW, LLC, submitted applications for General Plan Amendment Na
2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan, an amendment,to Conditional Use
Permit No. 4078 (including a waiver of minimum number of parking spaces), a request for the City of
Anaheim to enter into a Second Amended and Restated Development Agreement Na 99-01 (Amendment
No. 3 to the First Amended and Restated Development Agreement No. 99-01) by and between the City and
Anaheim GW, LLC, TentativeParcel MapNo. 2002-205 and Final Site Plan No. 2006-00002 and further, that
the applicant has also submit4ed a request to amend the Disposition and Development Agreement by and
between the City of Anaheim and Anaheim GW, LLC which will be considered by the City Council
concurrently with the above applications, all of which applications pertain to amendments to the Anaheim
GardenWalk project #orthe 20.3 acres of The Disneyland Resort Specific Plan, Pointe Anaheim'Overlay
under the ownership and/or con4rol of Anaheim GW, LLC (hereinafter the city-initiated applications and the
applications submitted by Anaheim GW, LLC are referred fo as the "Proposed Pro}ect Actions"); and
WHEREAS, the proposed changes relate to the mix and allocation of land uses, zoning
standards, phasing, project layout and minor modifications to project conditions of approval and mitigation
measures to providefor the development of 569,750 square feet of specialty retail, restaurants, and
entertainment, including a multiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation
ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800
parking spaces and 15 bus spaces; and
WHEREAS, CEQA and the CEQA Guidelines establish the type of environmental
documentation which is required when changes to a project occur after an EIR is certified or a negative
declaration is adopted for a project. Section 15164 of the CEQA Guidelines establishes the use of an
Addendum as subsequent environmental documentation if some changes or additions #o a previously-
certified EIR or previously approved Mitigated Negative Declaration are necessary but none of the conditions
described in Section 15162 calling for preparation of a supplemental or subsequent EIR have occurred; and
WHEREAS, in connection with the Proposed Project Actions, an Addendum, dated March 1,
2006, to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration has been
prepared, a copy of which is on file in the Planning Department and incorporated herein by this reference as
though set forth in full (the "Second Addendum"). The Second Addendum has been provided to the Planning
Commission and is available for review in the Planning Department. The Second Addendum summarizes
previously-approved actions and analyzes the Proposed Project Actions as well as updates the analysis to
reflect current circumstances and information in order to determine whether any significant environmental
impacts which were not identified in the previously-approved Mitigated Negative Declaration woutd result or
whether previously identified significant impacts would be substantially more severe. The Second
Addendum also describes the minor modifications to the mitigation measures set forth in the Modified
Mitigation Monitoring Program No. 004 which are necessary to reflect the proposed project actions. The
Modified Mitigation Monitoring Program No. 004a, provided as Exhibit A to this Resolution and incorporated
herein by this reference as if set forth in full, includes the modified mitigation measures as set forth in the
Addendum and replaces and supercedes the Modified Mitigation Monitoring Program No. 004; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chambers, 200 South Anaheim Boulevard, in the City of Anaheim on March
6, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapters 18.60 (Procedures) to hear and
consider evidence for and against the Proposed Project Actions and to investigate and make findings and
recommendations in connection therewith; and
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission, '
having considered the previous environmental documentation for the project, including the Pointe Anaheim
Mitigated Negative Declaration and the First'Addendum, and the Second Addendum to the previously-
'approved PointeAnaheim InitiaLStudy and MitigatedNegative'Declaration dated March 1, 2006 and the ,
Modified Mitigation Moniforing Program No. 004a in Exhibit A to this Resolution, and after due consideration,
inspection, investigation and study made by itself,' and after due consideration of all evidence submitted to
the Commission, including the evidence presented in the staff report, and oral and written evidence
presented at the meeting, does hereby find and determine and recommend that#he City Council, based upon
its independent evaluation of the evidence submitted to the City Council„ determine that the Second
Addendum to the previously-approved,Pointe Anaheim initial Study and Mitigated Negative Qeclaration and
the Modified Mitigation Monitoring Program Na 004a are adequate to serve as the required environmental
documentation for the Proposed Project Actions based upon findings that:
1. Pursuant to the provisions of the CEQA, the Second Addendum to the previously-approved Pointe
Anaheim Jnitial Study and Mitigated Negative Declaration and the Modified Mitigation Monitoring Program
No. 004awere prepared in compliance withthe requirements of CEQA and the State and City of Anaheim
CEQA Guidelines; and
2. That based upon the evidence submitted and as demonstrated bythe analysis included in the '
Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative
Declaration:
a. There have not been substantial changes in the project that require major; revisions to the
previous EIR'or Mitigated Negative Declaration because of new significanfienvironmental effects or a:
substantial increase in the severity of previously identified significant effects; and
b. There have not been substantial changes with respect to the circumstances underwhich the _
project is undertaken, which will require major revisions to the previous EIR or Mitigated Negative
Declaration 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 the EIR was certified as
complete and the Mitigated Negative Declaration was approved, that shows any of the following: (a)
the project will have one or more significant effects not discussed in the previously certified EIR and
previously-approved Mitigated Negative Declaration, (b) significant effects previously examined will
be substantially more severe than shown in the previously certified EIR and previously-approved
Mitigated Negative Declaration, (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 project, but the project proponents decline to adopt the mitigation measure or alternative, or (d)
mitigation measures or a{ternatives which are considerably different from those analyzed in the final
EIR and approved Mitigated Negative Declaration would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the mitigation measure or
alternative.
BE IT FURTHER RESOLVED, pursuant to the above findings, that the Anaheim City
Planning Commission, determines and recommends that the City Council determine that the previously-
approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with the Second
Addendum dated March 1, 2006 and the Modified Mitigation Monitoring Program No. 004a are adequate to
serve as the required environmental documentation for the Proposed Project Actions.
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THE FOREG0ING RESOLUTION was adopted at la ' Commission eeting of
March 6, 2006. ~.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
Gawc.~ ~ :
SENIOR SECR TARY, ANAHEIM PLA NIN MMISSION '
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Marie Witkay, Senior Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim CityPlanning
Commission held on March 6, 2006, by the following vote ofthe members thereof:'
AYES: "COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE '
ABSENT: COMMISSIONERS: NONE :
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I WITNESS WHEREOF,1 have hereunto set my hand this ~,~ day of
~, 2006.
• G _ r
Q,4,~,-..'
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SENIOR ECRETARY, ANAHEIM AN COMMISSION
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