RES-2006-205RESOLUTION NO. 2006-205
A RESOLUTION OF THE CITY COUNCII. APPROVING THE
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PLAN NO. 0085b, FOR AMENDMENT NO. 7
TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (THE
ANAHEIM RESORT RESIDENTIAL OVERLAY) AND
DETERMINING THEIR ADEQUACY TO SERVE AS THE
REQUIRED ENVIRONMENTAL DOCUMENTATION FOR
THE PROPOSED PROJECT ACTIONS.
WHEREAS, the Anaheim Planning Director has duly initiated General Plan
Amendment No. 2006-00442 and Amendment No. 7 to The Anaheim Resort Specific Plan No.
92-2 (SPN2006-00036) (collectively, the "Project Actions") to establish the Anaheim Resort
Residential (ARR) Overlay Zone ("ARR Overlay Zone") to provide opportunities for the
development of residential units when fully-integrated within a minimum 300-room full-service
hotel within certain areas of the Anaheim Resort Specific Plan No. 92-2; and
WHEREAS, the City of Anaheim is the lead agency for the preparation and
consideration of environmental documents for said Project, as defined in the California
Environmental Quality Act of 1970, as amended, (hereinafter "CEQA") and the State of
California Guidelines for the Implementation of the California Environmental Quality Act
(hereinafter "State Guidelines"); and
WHEREAS, said Project is subject to compliance with the provisions of CEQA
and the State Guidelines since said Project requires approval of the following proposed
discretionary actions by the City of Anaheim: (i) General Plan Amendment No. 2006-00442, and
(ii) Amendment No. 7 to the Anaheim Resort Specific Plan No. 92-2 (SPN2006-00036); and
WHEREAS, on June 12, 2006, the Anaheim City 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 the Anaheim Municipal Code, Chapter 18.60, to hear and
consider evidence for and against proposed Mitigated Negative Declaration and Updated and
Modified Mitigation Monitoring Plan No. 0085b in connection with General Plan Amendment
No. 2006-00442 and Amendment No. 7 to The Anaheim Resort Specific Plan No. 92-2 and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, found and determined the following facts:
l) In conjunction with the approval of the Anaheim Resort Specific Plan No. 92-2,
the City Council certified Final Environmental Impact Report No. 313 (State Clearinghouse No.
91091062), adopted a Statement of Findings and Facts and a Statement of Overriding
Considerations and adopted Mitigation Monitoring Program (MMP) No. 0085 in compliance
with CEQA. The Final EIR analyzed the environmental effects resulting from the development
of the Anaheim Resort Specific Plan. MMP No. 0085 included measures to mitigate the
significant environmental impacts associated with the Specific Plan, with the exception of
impacts that were addressed in the Statement of Overriding Considerations.
2) . In conjunction with the comprehensive update to the City's General Plan and
Zoning Code and Amendment No. 5 to the Anaheim Resort Specific Plan 92-2, the City Council
certified Final Environmental Impact Report No. 330 (State Clearinghouse No. 2033041105),
adopted a Statement of Findings and Facts and a Statement of Overriding Considerations and
adopted Mitigation Monitoring Program (MMP) No. 122 for General Plan Amendment No.
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2004-00419 and amended monitoring programs described as Mitigation Monitoring Program
(MMP) No. 112 for The Platinum Triangle" and "Mitigation Monitoring Program (MMP) No.
0085a for The Anaheim Resort" in compliance with CEQA.
3) An Initial Study/Mitigated Negative Declaration (The Anaheim Resort Specific
Plan No. 92-2 Amendment No. 7 -Anaheim Resort Residential Overlay Initial Study/Mitigated
Negative Declaration) was prepared under the City's direction for the proposed Project Actions
(hereinafter the "Mitigated Negative Declaration"). The Mitigated Negative Declaration was
circulated fora 30-day public/responsible agency review on May 23, 2006, in compliance with
CEQA and the State Guidelines. The Mitigated Negative Declaration was provided to the
Planning Commission and copies of said document made available for review in all City libraries
and the Anaheim Planning Department, and made available for purchase at the Anaheim
Planning Department.
4) The Mitigated Negative Declaration tiered from the environmental analysis
included in Final EIR Nos. 313 and 330. Final EIR Nos. 313 and 330 have been incorporated by
reference into the Mitigated Negative Declaration. The purpose of the Initial Study was to
describe the proposed Project Actions and provide an evaluation of potential environmental
effects and determine what level of additional environmental review, if any, was appropriate.
5) The City conducted its own independent evaluation and analysis of the
documentation prior to releasing it for public review and determined that a Mitigated Negative
Declaration was appropriate as the Project Actions would not result in any new significant
environmental impacts and that further environmental analysis beyond the analysis contained in
the tiered Initial Study and in previously-certified Final EIR Nos. 313 and 330 was not
warranted, with the exception of three significant impacts which have been identified in Final
EIR Nos. 313 and 330 as significant and unavoidable, and a Statement of Overriding
Considerations has been adopted addressing these impacts.
6) Updated and Modified Mitigation Monitoring Plan No. 0085b has been prepared
for the Project Actions, which includes applicable measures from Updated and Modified MMP
No. 0085a. MMP No. 0085b also includes additional mitigation measures which are specific to
said project; and
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WHEREAS, based upon a thorough review of the Project Actions and the tiered
Mitigated Negative Declaration including Updated and Modified Mitigation Monitoring Plan
No. 0085b, and the comments received to date and the responses prepared, staff finds that the
Project Actions would not result in any new significant environmental, with the exception of
impacts that were addressed in Final ElR Nos. 313 and 330 in the Statement of Overriding
Considerations; and
WHEREAS, the Anaheim City Planning Commission, by its Motion,
recommends that the City Council find and determine that the Mitigated Negative Declaration
prepared for this project reflects the City's independent judgment and analysis, that the change
from visitor-serving uses to residential uses will not create an additional impact in and of itself,
and that the project, as mitigated, will not have a significant effect on the environment; approve
the Mitigated Negative Declaration and Updated and Modified Mitigation Monitoring Plan. No.
0085b; and further determine that the Mitigated Negative Declaration and Updated and Modified
Mitigation Monitoring Plan No. 0085b are adequate to serve as the required environmental
documentation for the proposed Project Actions and satisfy all of the requirements of CEQA and
the State Guidelines; and
WHEREAS, upon receipt of summary of evidence, reports of findings and
recommendations of the City Planning Commission, the City Council did fix the 25th day of
July, 2006, as the time, and the City Council Chamber in the Civic Center as the place for a
public hearing on said proposed Project Actions and did give notice thereof in the manner and as
provided by law; and
WHEREAS, on July 25, 2006, the City Council did hold a public hearing upon
the Project Actions, and considered said recommendation of the Planning Commission, in
conjunction with its consideration of General Plan Amendment No. 2006-00442 and Amendment
No. 7 to the Anaheim Resort Specific Plan No. 92-2, notice of which hearing was given in the
manner required by law; and
WHEREAS, based upon a thorough review of the Project Actions and the tiered
Mitigated Negative Declaration including Updated and Modified Mitigation Monitoring Plan
No. 0085b, and the comments received to date and the responses prepared, staff finds that
potentially significant impacts have been eliminated or reduced to a level considered less than
significant; and, that there is no substantial evidence that the Project Actions will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED, based upon the foregoing findings and
recitals, that the Anaheim City Council adopts the Mitigated Negative Declaration and Updated
and Modified Mitigation Monitoring Plan No. 0085b, and determines their adequacy to serve as
the required environmental documentation for the Project Actions, based upon a finding by the
City Council that the Mitigated Negative Declaration reflects the independent judgment and
analysis of the lead agency and that the change from visitor-serving uses to residential uses will
not create an additional impact in and of itself; that it has considered the proposed Mitigated
Negative Declaration and Updated and Modified Mitigation Monitoring Plan No. 0085b together
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with any comments and responses received during the public review process; and, further finding
on the basis of the Initial Study that there is no substantial evidence, with the imposition of the
mitigation measures identified in Updated and modified Mitigation Monitoring Plan No. 0085b,
that the project will have a significant effect on the environment.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 22 day of August , 2006, by the following roll call vote:
AYES: Council Members Chavez, Hernandez, Sidhu, Galloway.
NOES: Mayor Pringle
ABSENT: None
ABSTAIN: None
CITY OF HE1M
By
MAYOR OF THE C O AHEIM
ATTEST:
Y C K F THE CITY OF ANAHEIM
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