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RES-2009-053RESOLUTION NO. 2009 -053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2008 -00470 PERTAINING TO THE LAND USE ELEMENT. WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R -644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004 -95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning Commission did receive a verified Petition for General Plan Amendment No. 2008 -00470 to amend the Land Use Element of the General Plan to reflect a new density category created for the Commercial Recreation District of the Anaheim Resort Specific Plan as shown in Exhibit "A" attached hereto and incorporated herein by this reference as if set forth in full. The new density category would be called "Low Medium Density (Modified)" and would accommodate up to 252 hotel rooms with 75,593 square feet of accessory uses; and WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the General Plan may be amended whenever the public necessity and convenience and the general welfare require such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and WHEREAS, General Plan Amendment No. 2008 -00470 is proposed in conjunction with Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055); Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009- 00297); Conditional Use Permit No. 2009 05403; Variance No. 2008 004761; Determination of Public Convenience or Necessity No. 2009- 00056; and Final Site Plan No. 2008 -00004 to construct a nine story, 252 -room hotel with 75,593 square feet of supporting retail. spa, nightclub. lounges, restaurants, conference /meeting rooms and hotel offices (hereinafter the "Discretionary Actions" and WHEREAS, on March 2, 2009, the Planning Commission did hold a public hearing to consider General Plan Amendment No. 2008 00470, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith: and WHEREAS, at said public hearing, the Planning Commission did adopt its Resolution No. PC2009 -035 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that General Plan Amendment No. 2008 -00470 be adopted by the City Council; and WHEREAS, the Planning Commission has reviewed the Discretionary Actions and did find and determine that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, upon receipt of said Resolution No. PC2009 -035, summary of evidence, report of findings and recommendations of the Anaheim City Planning Commission, the City Council did fix the 31st day of March, 2009, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on General Plan Amendment No. 2008- 00470 and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did duly hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports and did consider the recommendations of the Anaheim City Planning Commission; and WHEREAS, the City Council does find and determine that General Plan Amendment No. 2008- 00470, as described above, should be approved, and that the evidence presented shows that all of the conditions exist as set forth in Subsection .030 of Section 18.68.050 of the Anaheim Municipal Code; and WHEREAS, the City Council, as lead agency for purposes of the California Environmental Quality Act, having reviewed the Discretionary Actions, does hereby find and determine that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Anaheim that Amendment No. 2008 -00470 to the General Plan be, and the same is hereby, approved as set forth in Exhibit "A" to this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st day of March 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring NOES: Council Member Galloway ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 7 2441.v1 MGordon CITY OF ADiaAHEIM By: MAYOR OF THE CI O ANAHEIM TABLE LU -4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Designations Permitted Density The Mountain Park Area Low Medium Hillside Density Residential (Up to 6 du/ac 1 Low Medium Density Residential (Up to 16 du/ac) 485 2,015 (Up to 2,500 dwelling units) Area `A' (Parcel Map 94 -205) Low- Medium Density Residential Up to 140 dwelling units The Disneyland Resort Specific Plan (SP92 -1) Area Commercial Recreation See Note No. 1 on next page. The Anaheim Resort® Specific Plan (SP92 -2) Area Commercial Recreation See Note No. 2 on next page. Hotel Circle Specific Plan (SP93 -1) Area Commercial Recreation The Hotel Circle Specific Plan allows for a master planned hotel project including up to 969 hotel rooms and integrated guest oriented amenities including full- service restaurants, conference room/banquet facilities, pool and spa areas, tour bus /shuttle facilities, and pedestrian promenades and plaza areas with comprehensive landscaping. The Platinum Triangle Area Mixed -Use Office High and Office Low Up to 9,500 dwelling units at densities up to 100 dwelling units per acre; up to 3,265,000 s.f. of office development at maximum FAR of 2.00; and, up to 2,254,400 s.f. of commercial development at a maximum FAR of 0.40. Up to 1,735,000 s.f. of office development at a maximum FAR of 2.0 for properties designated Office -High and a maximum FAR of 0.50 for properties designated Office -Low. The Stonegate Development Area j Low Density Residential Up to 35 dwelling units EXHIBIT "A" TABLE LU -4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY (CONTINUED) Note No. 1: The Disneyland Resort Specific Plan provides for the development of an approximate 489.7 acre international multi -day vacation designation resort including ongoing modifications to the Disneyland theme park, the development of a new theme park, additional hotels and entertainment areas, administrative office facilities, new public and private parking facilities, and an intemal transportation system. This development is within five planning Districts (Theme Park, Hotel, Parking, Future Expansion and District A) and a C -R Overlay, which allows development within the Overlay to either be consistent with the underlying Resort District or subject to the same land uses as in the Anaheim Resort Specific Plan No. 92 -2 Zone. The Disneyland Resort Specific Plan also identifies maximum development density designations for hotel /motel development in the Hotel District (up to 5,600 hotel rooms for the entire District with up to 1,000 hotel rooms transferable to the Theme Park District), in District A (the maximum number of units permitted would be 75 hotel /motel rooms per gross acre or 75 hotel /motel rooms per parcel existing on June 29, 1993, whichever is greater) and the C -R Overlay (the maximum number of units permitted on a parcel would be the following: 1) for parcels designated Low Density up to 50 hotel rooms per gross acre or 75 rooms, whichever is greater; and 2) for parcels designated Medium Density up to 75 hotel rooms per gross acre or 75 rooms, whichever is greater; provided that for those parcels that are developed with hotel /motel rooms which exceeded the maximum density designation, the number of rooms existing on the date of adoption of The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density.) It should be noted that accessory uses may be developed as well as other visitor serving commercial /retail and restaurant uses along with these hotel /motel uses. The Disneyland Resort Specific Plan also provides for the development of the Anaheim GardenWalk project pursuant to the Anaheim GardenWalk Overlay at the following density and subject to the approval of Conditional Use Permit No. 4078, as amended, to permit the following: up to 569,750 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 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. The Anaheim GardenWalk Overlay encompasses District A and the portion of the Parkin. District East Parkin Area /CR Overla south of Disne Wa Note No. 2: The Anaheim Resort Specific Plan provides for the development of approximately 582 acres within the C -R (Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well as restaurants, retail shops and entertainment facilities; the PR (Public Recreation) District which encompasses the Anaheim Convention Center and associated parking facilities and provides for the orderly use of City -owned property as well as the existing Anaheim Hilton Hotel; the Mobilehome Park (MHP) Overlay which encompasses existing mobilehome parks within the C -R District and provides development standards for mobilehome parks and regulations and procedures to mitigate relocation concems and adverse effects of displacement upon mobilehome owners when a park is converted to another land use; and, the Anaheim Resort Residential Overlay, which applies to focused areas of the Specific Plan and provides for the incorporation of residential uses into hotel developments when such uses are fully integrated into a minimum 300 -room full service hotel. The Anaheim Resort Specific Plan also identifies maximum development density designations in the C -R District. These designations are based upon hotel /motel development and allow up to 20% of each hotel /motel project gross square footage, excluding parking facilities, to be developed with integrated (i.e.. included within the main hotel /motel complex) accessory uses. These accessory uses will reduce the otherwise maximum permitted hotel /motel density at the rate of one hotel /motel room per six hundred (600) gross square feet of accessory use. For properties proposed to be developed with permitted and conditionally permitted uses other than hotels /motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the otherwise permitted hotel /motel (including accessory uses) density as determined by the City Traffic and Transportation Manager prior to Final Site Plan review and approval. The density designations are as follows: "Low Density," which has a maximum density of up to 50 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; "Low- Medium Density," up to 75 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; "Low- Medium Density (Modified)," up to 252 rooms and 75,593 square feet of accessory uses; "Medium Density," up to 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater: and, "Convention Center (CC) Medium Density," up to 125 rooms per gross acre with trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater. For those parcels that are developed with hotel /motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan Ordinance may be rebuilt or modified at their existing density. For projects that are developed in accordance with the Anaheim Resort Residential Overlay, the maximum number of dwelling units allowed shall be less than the number of hotel rooms proposed and such projects shall not create infrastructure impacts greater than the subject property's permitted hotel /motel density, as permitted by the property's underlying C -R District density designation unless otherwise mitigated through subsequent environmental analysis.