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1982-124 RESOLUTION NO. 82R-124 ~'"fu A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (A) CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 251, (B) ~ING CERTAIN FIND- INGS IN CONNECTION THEREWITH, AND (C) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS. WHEREAS, the City of Anaheim and C-D III, a California general partnership, have submitted to the City of Anaheim a proposal for the construction and operation of a hotel having l,600 guest rooms and related faciliti~s, together with a hotel parking structure and Convention Center replacement parking struc- ture, which would be located on certain real property owned by the City of Anaheim and known generally as the Anaheim Convention Center property (hereinafter collectively referred to as "Project") which Project is more specifically described in Draft Environmental Impact Report No. 25l prepared for the City of Anaheim; 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 "CEQAII) and the State of California Guidelines for the Implementation of the California Environmental Quality Act (hereinafter IIState Guidelines"); and WHEREAS, said Project is subj,ect to compliance with the provisions of CEQA and the State Guidelines since said Project re- quires the discretionary issuance of a conditional use permit and waiver of off-street parking requirements by the City of Anaheim and execution of a lease agreement and development agreement by said City; and WHEREAS, the City of Anaheim has prepared, or caused to be prepared, Draft EIR No. 25l (IIDraft EIRII) and has consulted with other public agencies, and the general public and given them an opportunity to comment on said Draft EIR as required by the provi- sions of CEQA and the State Guidelines; and WHEREAS, on January 25, 1982, a duly noticed public hear- ing was held by the Planning Commission of the City of Anaheim to provide a further opportunity for the general public to comment on and respond to the Draft EIR; and ~" WHEREAS, on February 16, 1982, a duly noticed public hearing was held by the City Council of the City of Anaheim to provide a further opportunity for the general public to comment on and respond to the Draft EIR; and WHEREAS, the City of Anaheim has evaluated the comments received from public agencies and persons who reviewed the Draft EIR; and -1- - ~." "..<.- WHEREAS, said comments and recommendations received on the Draft EIR, either verbation or in summary, a list of persons, organizations and public agencies commenting on the Draft EIR, and the responses of the City of Anaheim to significant environ- mental points raised in the review and consultation process have been attached to and made a part of said Draft EIR to form the Final EIR for said Project as required by Section l5l46 of the State Guidelines. WHEREAS, said Final EIR has been presented to the City Council of the City of Anaheim for review and consideration prior to the final approval of, and commitment to, said Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: I. That the City of Anaheim does hereby certify that Final EIR No. 251 for said Project has been completed in compliance with CEQA and the State Guidelines and that the City Council of the City of Anaheim has reviewed and considered the information contained in Final EIR No. 25l prior to approval of, or commitment to, said Project. 2. That the City Council of the City of Anaheim does hereby find that said Final EIR identifies the following significant en- vironmental effects of the Project, together with the measures which will be incorporated into said Project to mitigate or avoid said effects: a. Impact: Construction of the hotel basement and Convention Center replacement parking structure will require an excavation of an estimated 120,000 cubic yards of earth. It is anticipated that the grading/excavation operations, as well as the trucks used for earth disposal will increase the noise and dust in the immediate vicinity of the site and along the selected haul route. Mitigation Measures: Grading operations will be conducted in conformance with all applicable City of Anaheim grading regulations. A soils engineer will be consulted during the grading and excavation operations to confirm the presence or absence of ground water moisture, and to assure that appropriate shoring methods are employed to prevent sloughin~ or slumping Which could endanger adjacent structures. The haul trucks will be cleaned in order to minimize the dust impact on the local vicinity. Normal wetting procedures will be exercised on the site during grading activity to minimize any dust generation. ~ b. Impact: It is likely that future off-site seismic events (earthquakes) will cause groundshaking on the Project site. -2- ,~ ._L - c~,. Mitigation Measures: Standard engineering practices will be employed to ensure structural soundness of buildings and parking structures. Seismic and peak load con- siderations will be evaluated in conjunction with structural design. Detailed soils and geology reports will be prepared prior to issuance of building permits. c. Impact: Runoff water quality may decrease as a result of siltation during construction activities. The amount of runoff after Project completion will be slightly reduced by the garden areas in the hotel complex; therefore, existing storm drain facilities should be adequate. Construc- tion of the proposed Project will require the removal of exist- ing storm drains under the Convention Center parking lot; some modifications to the existing storm drain system will be required to provide drainage from the Project site. Mitigation Measures: Parking lot maintenance and sweeping will be conducted on a regular basis to collect pollutants before they enter the drainage system. The proposed project will conform with appropriate surface runoff pollution and sediment control standards as established by SCAG 208 policies and policies of the City of Anaheim during the con- struction period. Detailed on-site stOirm drainage plans will be prepared by the Project sponsor and approved by the City of Anaheim in conjunction with final design plans. d. Impact: While no archaeological sites have been identified, a possibility exists that subsurface sites may be present. However, if sites are present, they would more than likely be in a disturbed condition due to previous agricultural activities and urban development. Mitigation Measures: If any archaeological deposits are encountered during construction, an archaeologist will be contacted and the appropriate measures for the salvag- ing of these resources will be implemented under the direction of the City of Anaheim. e. Impact: A disruption to Convention Center access, parking and circulation will occur. Incremental in- creases in traffic, air pollution, noise, shade/shadow and demands for public utilities and services will occur. "'-"c, Mitigation Measures: A parking structure will be built to replace l,538 of the l,604 parking spaces which the proposed Project would eliminate. Mitigation measures relating to traffic, air pollution, and noise are discussed in subpara- graphs 1, m, n, 0, p, and q, hereinafter. -3- ~ ~ ,.- f. Impact: A projected temporary drop in occupancy of 10 - l7% would be noticed by competitive convention-oriented hotels in the area until the new facilities are absorbed into the market. ,-..... Mitigation Measures: None proposed other than for the City to pursue an aggressive marketing program to attract more conventions and tourists to rapidly absorb the new hotel facilities. g. Impact: The Project will create a demand for 577 full-time new employees who will, in part, be drawn from outside the local market. Mitigation Measures: The hotel operator will imple- ment a local employee recruitment program prior to completion of the Project. h. Impact: The proposed Project would increase the estimated potential public transit usage for the proposed fixed transit line between the Anaheim commercial-recreation area and the John Wayne County Airport. Mitigation Measures: None proposed. i. Impact: The proposed Project will house an estimated daily transient population of 2,304 gu~sts. Mitigation Measures: None proposed. j. Impact: The lack or deficiency of affordable hous- ing in Orange County could represent a significant adverse impact to the prospective hotel employees. Mitigation Measures: T~ City of Anaheim will con- tinue to pursue affordable housing within the City through parti- cipation in government funded affordabl,e housing programs as identified in the Housing Element of the City's General Plan and will continue to provide density bonusels and other incentives to developers who construct affordable housing projects in the City. k. Impact: The project could interfere with television signal reception in the surrounding area. Mitigation Measures: The developer will be required to incorporate into the Project such measures as are reasonably necessary to eliminate any signal reception interference if such interference is, in fact, experienced. ~,. l. Impact: The Project is estimated to generate a total of 16,800 daily vehicle trips and 1,l70 trips during the p.m. peak hour. Project traffic will have the greatest impacts on the intersections of Harbor and Katella, Harbor and Convention Way, and Katella and Interstate 5. -4- -4- ~ ~.~ Mitigation Measures: Improvements will be made to increase the level of service at these intersections including dual left-turn lanes at Harbor and Katella, right-turn lanes for all intersections and dual left-turn lanes for northbound Harbor Boulevard. The City will continue to pursue mass transit improve- ments with the Orange County Transit District to reduce traffic congestion in the commercial-recreation area. As part of the final Project design, a comprehensive program of guide signing will be included as approved by the City Traffic Engineer. All taxi, bus, and truck loading and unloading areas shall be subject to review and approval of the City Traffic Engineer. m. Impact: The Project will reduce Convention Center off-street parking spaces by 70 spaces; however, at least 90% of the hotel's 3,266 parking spaces will be open for public uses and can be used for Convention Center parking when otherwise available. The Project parking involves a waiver of 6% of the Code required parking spaces; 1,054 of the spaces will be standard nontandem parking spaces; 874 will be standard tandem spaces; 724 will be non tandem, small car spaces; and 614 will be tandem, small car spaces. Mitigation Measures: The City will monitor the parking situation and an agreement will be entered into by the City and the Project developer wherein the developer will construct additional off-street parking to cure any inadequacy which may be found to exist once the facility is in operation. The hotel opera- tor will utilize valet or attendant parking services to facilitate parking in the tandem spaces. n. Impact: Access to the parking structures will be limited to Convention Way and the access road ("A" Street) connect- ing Katella Avenue and Convention Way. Mitigation Measures: Street and access improvements will be required as part of the approval of the Project to alleviate traffic congestion as recommended by the City Traffic Engineer. The City will pursue financing improvements at the Harbor/Ball intersection with the state, private developers and the City's Signal Assessment Fund. The intersection of Harbor/Katella will be improved to include turn lane storage facilities, signing, channelization and parking removal on Katella Avenue. o. Impact: Approximately 800 Convention Center parking spaces will be unavailable for use during the construction phase of the replacement parking facility depending upon when construction of the hotel is commenced. There will be traffic congestion during the construction of the Project. .,--." -5- t... '" ,..--.~ --, .. Mitigation Measures: The City will use its best efforts to contract for the use of other parking facilities avail- able in the area and provide shuttle service to the Convention Center where necessary. A construction truck routing plan identi- fying the routes to be used during peak and nonpeak traffic condi- tions will be submitted to the City Traffic Engineer for review and approval. A detailed traffic and parking operations plan will be developed and approved prior to construction. Said plan will address location of construction fencing, haul routes, parking access, traffic restrictions, temporary median access and lane clo- sures, modification of bus routes, emergency access, and location of flagmen and construction signing and markings. p. Impact: Long-term air quality impacts will be created by motor vehicles, electrical generation and natural gas consumption. An incremental increase in the cumulative mobile and stationary emissions will occur as a result of the proposed Project. Mitigation Measures: The hotel will be developed in compliance with energy conservation measures as set forth in Title 24 of the California Administrative Code. q. Impact: The Project will create an increase in traf- fic noise, particularly along Convention Way. Short term equipment and construction noise will be generated during the construction phase. Mitigation Measures: Construction activities should be limited to daylight hours. Construqtion equipment should be muf- fled or acoustically shielded wherever possible. r. Impact: Shadow/shade pqtterns created by the Project will cause shadows to fall on various portions of the Inn at the Park hotel premises depending upon the time of day and the season of the year. Mitigation Measures: None proposed. s. Impact: Fire Department's existing facilities and manpower will be impacted by the proposed Project. Cumulative traf- fic from the attractions surrounding the Project area could severely impact the Fire Department's response time. Mitigation Measures: The Project will be constructed in conformance with all applicable building codes and include fire protection features. Fire-retardant building and landscaping mater- ials will be used where possible. The Fire Marshal will review specific plans for building design and emergency vehicle access. -6- e' ..L - /~ t. Impact: The current level of police service is expected to decrease though an increase in police manpower is not deemed necessary. ,.-.. Mitigation Measures: Review and approval of the security and circulation systems will be made by the Police Department. provisions for adequate lighting along streets, park- ing structures and walkways will be made. A parking security program will be approved by the Police Department and implemented for the parking structures. u. Impact: An anticipated 87.6 million gallons of water per year will be consumed by the proposed Project. Supply system improvements will be necessary to connect the Project site to the existing mains. This Project will incrementally decrease water main pressure during period of peak demand. Mitigation Measures: An on-site secondary water system will be reviewed and approved by the City. Water conser- vation measures will be implemented. v. Impact: Approximately $6.3 million gallons of wastwater are projected to be generated annually. The County Sanitation District's Master Plan has anticipated a smaller quan- tity for the Project area and, therefore, differs from the actual projected amount. Mitigation Measures: Tne Project developer will work with the City to construct necessary local sewer line improve- ments. w. Impact: The estimated natural gas consumption for the proposed hotel is 178.5 million cu. ft. per year. No signifi- cant adverse effects are expected to impact the existing gas company facilities. Mitigation Measures: Building construction will conform to Title 24 of the California Administrative Code for energy conservation standards. x. Impact: An estimated 19,400,000 kilowatt hours of electricity is anticipated to be consumed by the Project. No major impacts upon existing facilities are e~pected. -,-., Mitigation Measures: To achieve proper utility design, the developer will submit detailed site development and building design plans to the City Elect,rical Engineering Department. Title 24 conservation measures should be incorporated into the building design. -7- - y. Impact: The existing visual characteristics will be altered by the construction of the proposed hotel primarily by an intensification of the existing urban environment. Present views from the hotels surrounding the Project site will be restricted as well as the existing view of the Marriott Hotel. ~', Mitigation Measures: Final site plans will be in conformance with the City of Anaheim requirements regarding develop- ment standards for hotel uses. z. Impact: The proposed Project is expected to generate approximately 6 tons per day of solid waste. No significant impact is anticipated by the commercial collection company. Mitigation Measures: Adequate on-site storage facili- ties will be provided and meetings will be held between the hotel operator, the City of Anaheim and Anaheim Disposal, Inc. to ensure adequate disposal truck access. aa. Impact: The Project will cause an increase in demand for telephone service and usage but the Project is not expected to imput the Telephone Company's present service capabilities. Mitigation Measures: None proposed. 3. That the City Council does her~by further find that changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid, in whole or part, the signifi- cant environmental effects specified in subparagraphs a, b, c, d, e, g, j, k, l, m, n, 0, p, q, s, t, u, v, w, x, y, and z of Paragraph 2 above. A statement of facts supporting such finding is as set forth under the heading "Mitigation Measures" for each of said environmental effects as hereinabove respectively set forth. 4. That the City Council of the City of Anaheim does hereby further find that specific economic, social or other considerations as set forth in Paragraph 5 below make infeasible other further mitigation measures or Project alternatives identified in the Final EIR for the following significant environmental effects: highways. a. Increased traffic congestion on nearby streets and b. Increased noise and air pollution resulting from the increased traffic. An increase in the cumulative mobile and station- ary emissions will occur. -. c. Increased requirements for water, gas, electricity, wastewater and solid waste disposal facilities. d. Increased requirements for public services for employees of the facilities. -8- "" ~., e. Traffic congestion, noise, dust and air pollution caused by construction activity during the construction period. f. Permanent loss of 70 off-street pariing spaces under the control of the Anaheim Convention Center. ..."".-- g. Decrease in water runoff quality as a result of additional silts and sediments created during construction. h. Temporary loss of a large amount of Convention Center parking during the construction phase of the Project. i. Temporary decline in occupancy percentage rates for competitive hotels in the area. j. Increase in the transient population in the vicinity by approximately 2,304 persons per day. k. Increased requirement for, and current lack of, suf- ficient affordable housing in the area to house Project employees from outside the area. 1. Decrease in fire and police service response time and level of service and possible increase of criminal activity in the area. m. Proposed structures will periodically cast shadows onto surrounding land uses. n. Decrease in available water pressure during periods of peak demand. o. Intensification of urban character of the area and alteration of existing views from surrounding land uses. p. Increase in potential public transit usage for the pro- posed fixed transit line between the Anaheim commercial-recreation area and the John Wayne County Airport. q. Increased telephone service demands and usage. 5. That the City Council of the City of Anaheim has balanced the benefits of the proposed Project against its unavoidable environ- mental risks in determining Whether to approve said Project. The City Council of the City of Anaheim does hereby further find, deter- mine and state, pursuant to the provisions of Section 15089 of the State Guidelines, that the occurrence of those certain significant _.~, environmental effects identified in the Final EIR and set forth in Paragraph 4 above have been found acceptable and will be permitted without further mitigation due to the following overriding considerations: -9- ...... t:.. .~, a. The Project will result in the following substantial economic and social benefits to the City of Anaheim and the surround- ing cormnunity: ~,,~ (1) The Project will generate (in terms of current dollar values) the following net economic benefits to the City of Anaheim during the fifty year lease term (plus any extensions thereof) : project Stabilization* Initial Year** Annual Net Fiscal Impact: City Financed Parking $5,364,940 $3,553,833 Developer Financed Parking $4,409,940 $2,598,833 *Upon achieving 78% occupancy (estimated to occur in 1987) **Based upon 65% occupancy (2) The aforesaid net e~onomic benefits may be dimin- ished by a projected decrease in room tax revenue from existing hotels of approximately $1,250,000 for the initial year of Project operation which decrease will diminish each subsequent year as the occupancy rates of such hotels return to current levels. (3) The Project will create additional long term employment for 577 full-time employees and 211 parttime employees with annual combined wages (in current dollars) estimated at over $4,000,000. (4) The Project will create short-term construction employment estimated at 200 man-yea~s with annual combined wages (in current dollars) of approximately $1,736.400 for the estimated three-year construction period. (5) The City of Anaheim in conjunction with the Community Center Authority is currently undertaking an approximately 185,000 square foot addition to the Anaheim Convention Center ("Betterment II") for which bonded indebtedness has been incurred in the amount of $35j655,000. Debt service payments on said indebted- ness in the form of increased lease payments on the expanded facility will be due in the following annual amounts: ~.-', 1981/82 $470,000 1982/83 $l,152,000 1983/84 $3,566,000* *Annual debt service continues through fiscal year 20ll -10- ~- (6) The Betterment II expansion will enable the City to attract more and larger conventions to the Anaheim Convention Center which will in turn generate additional reven- ues to the City and the community provided sufficient hotel accommodations are available in the area to house the additional guests the expanded Convention Center facilities can be expected to attract. The City currently has insufficient hotel/motel accommodations for such purpose. (7) The Project will prQvide sufficient revenues to the City commencing in fiscal year 1985-86 to enable the City to meet the debt service obligations on the Betterment II expansion with- out requiring a commitment of other City revenues for such purposes. b. The City Council finds that the following economic and social considerations make infeasible implementation of the Project alternatives identified in the Final EIR: (I) The no project alternative would result in a complete loss of the revenue to the City which a hotel project would generate and would result in annual rev~nue shortfall of over $4,000,000 commencing in fiscal year 1985/86. This alternative would generate no additional employment opportunities in the community. (2) Implementation of the reduced size alternative would result in significantly less revenue to the City which revenue would be insufficient to cover the shortfall resulting from the City's debt service obligations for the Betterment II expansion. A smaller hotel would generate proportionately lower employment opportunities and resulting revenues to the community. (3) The Wrather Corporation has proposed expanding its Inn at the Park by approximately 500 rooms in lieu of the pro- posed Project. Primary disadvantages relate to significantly less revenue to the City; loss of approximately 1,100 additional guest rooms with a full range of ancillary facilities7 and a decrease in employment opportunities. (4) The Wrather Corporation had offered the City a 6-acre parcel of land near the Disneyland Hotel as an alternative to proceeding with the proposed Project. The City could sell the parcel for approximately $4,000,000. The primary disadvantage to that alternative is that such action would not be as economically viable to the City as securing the proposed Project. Without dis- posing of the parcel, the City could lease the land to a hotel developer. The primary disadvantages to such action relate to the length of time which would be involved in securing a new Project; .~ loss or delay in securing groundlease payments; potential loss of the Hilton Hotel's worldwide reservations and convention experience, and creating a need for more vehicle transportation to and from the Convention Center. -11- .~ (5) Implementation of any of the Project alterna- tives hereinabove discussed would result in significantly less revenue to the City which revenue would be inadequate to offset the existing debt service obligations for the Betterment II expan- sion. The City neither has nor anticipates having in the future excess revenues sufficient to cover the revenue shortfall which would occur by implementation of any of the aforesaid Project alternatives. Said revenue shortfall would require a diversion of funds from other City programs and services which would adversely affect the community. (6) The alternative site offered at the Anaheim Convention Center could potentially produce the same revenue as the proposed project. Primary disadvantages relate to access, the site's relationship to surrounding land uses, and the fact that this location would block the most logical site for any fur- ther expansion of the convention exhibit space. (7) The increased sized hotel alternative is subject to supportive market conditions which are presently lack- ing in the Anaheim Commercial-Recreation Area. City revenue from a larger project would increase generally in proportion to the size of the increase. c. For the reasons hereinabove set forth, it is not economically feasible to further mitigate or avoid the environ- mental effects hereinabove identified. THE FOREGOING RESOLUTION is approved and City Council of the City of Anaheim this 9th day by the 1982. ATTEST: ~~~ . LERK OF E TY OF ANAHEIM JUV: fm .,-,., -12- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ............ I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-l24 was introduced and adopted at a regular meetinc provided by law, of the City Council of t~e City of Anaheim held on the 9th day of March, 1982, by the following vote of the members thereof: AYE-S: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 82R-l24 on the 9th day of March, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Ci~ of Anaheim this 9th day of March, 1982. ~.~~.I~ CITY cL'iERK OF THE CITY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-l24 duly passed and adopted by the Anaheim City Council on March 9, 1982. ~~~of)~~~) CITY CLERK ~ 'lll'lllll ~