RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AND ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PLAN NO. 388 FOR
DEVELOPMENT APPLICATION NO. 2019-00161
(125 EAST BALL ROAD)
WHEREAS, the City Council of the City of Anaheim (the "City Council") 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 1.08 (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, and the CEQA Guidelines 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
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WHEREAS, the City received two letters during the comment period and three letters at the December 4, 2023, Planning Commission meeting 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, the City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA and the CEQA Guidelines for the Proposed Project; 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, by adoption of its Resolution No. PC2023-033, and pursuant to the provisions of CEQA and the CEQA Guidelines, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to this Resolution and contained in MMP No. 388, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 388; and WHEREAS, upon receipt of the Planning Commission recommendation, made by Resolution No. PC2023-033 the City Council did fix the 27th day of February 2024, as the time, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 388 and any comments received to date, and the responses prepared, the City Council does 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 MMP No. 388, serves as the appropriate environmental documentation for the Proposed Project.
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 and after the public review period) prior to acting upon the Proposed Project. - 3 -
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 MMP No. 388 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; and
4. That the City Council hereby approves and adopts Mitigated Negative Declaration and MMP No. 388 for DEV2019-00161; and
WHEREAS, this 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 public hearing, the staff presentations, 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. This 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 this City Council, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date, does hereby adopt the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) based on the findings and determinations 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 MMP No. 388, serves as the appropriate environmental documentation for the Proposed Project.
2. That it has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received) 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 MMP 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. 388 for the Proposed Project.
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THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 27th day of February 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT “B”
MMP No. 388
(DEV2019-00161)