Resolution-PC 2023-033RESOLUTION NO. PC2023-033
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
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.
- 2 - PC2023-033
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.
04AIRPERSON, PLANNING MISSION
OF THE CITY OF ANAHEI
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2023-033
EXHIBIT "A"
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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: Chair Kring, Vice Chair Henninger, and Commissioners Castro, Lieberman, Tran-
Martin, and Walker.
NOES: Commissioner Perez
/:l 3Y:006
IN WITNESS WHEREOF, I have hereunto set my hand this 4t' day of December, 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM