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Resolution-PC 2011-052RESOLUTION NO. PC2011 -052 A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DETERMINING THE THIRD ADDENDUM TO THE PREVIOUSLY- APPROVED POINTE ANAHEIM INITIAL STUDY /MITIGATED NEGATIVE DECLARATION ANAHEIM GARDENWALK PROJECT SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2010 -00481 PERTAINING TO THE LAND USE ELEMENT (THE DISNEYLAND RESORT SPECIFIC PLAN NO, 92 -1, ANAHEIM GARDENWALK OVERLAY) (DEV2010- 00166) 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, on September 27, 2010, pursuant to Chapters 18.66, 18.68, 18.72 and 18.114 of the Anaheim Municipal Code, Peter Houck, as authorized agent for Katella Anaheim Retail, LLC, submitted applications for General Plan Amendment No. 2010 - 00061, Amendment No. 8 to The Disneyland Resort Specific Plan, Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99 -01 by and between the City and Katella Anaheim Retail, LLC, and amendments to Conditional Use Permit No. 4078 and Final Site Plan No. 2006 -00002 (hereinafter referred to as the "Proposed Project Actions "), all of which applications pertain to the Anaheim GardenWalk Overlay of The Disneyland Resort Specific Plan, as more particularly shown in Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the proposed changes relate to the mix and allocation of land uses, zoning standards, phasing, project layout and minor modifications to project conditions of approval and mitigation measures to provide for the development of 590,265 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 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 and 15 bus spaces; and WHEREAS, the applicant has requested an amendment to the Land Use Element of the General Plan to modify "Table LU -4: General Plan Density Provisions for Specific Areas of the City /General Plan Density Provisions for Specific Plans Within The Anaheim Resort and for The Platinum Triangle Area" (heretofore referred to as `Table LU -4 ") to reflect modifications to the Anaheim GardenWalk Overlay of The Disneyland Resort Specific Plan No. 92 -1; and WHEREAS, General Plan Amendment No. 2011 -00481 proposes to amend Table LU -4 of the Land Use Element of the General Plan to reflect the following density for The Disneyland Resort Specific Plan No. 92 -1, Anaheim GardenWalk Overlay: up to 590,265 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; and WHEREAS, the proposed modifications to Table LU -4 are shown in Exhibit "B" attached to this Resolution and incorporated herein by this reference as if set forth in full; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on July 6, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim -1- PC2011 -052 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, said Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY FIND: 1. That the evidence presented substantiates the need for an amendment to the Anaheim General Plan and that the proposed amendment maintains the internal consistency of the General Plan as the proposed modifications to the Anaheim GardenWalk Overlay are consistent with the goals and policies set forth in the General Plan for the Commercial Recreation land use designation and The Anaheim Resort and the modified density does not result in the need for additional infrastructure improvements or public facilities, beyond those previously planned for The Anaheim Resort. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; 3. The proposed amendment would maintain the balance of land uses within the City; and CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the Proposed Project Actions, including General Plan Amendment No. 2010 -00481, and did find and determine and recommend that the City Council find and determine pursuant to the provisions of the California Environmental Quality Act ( "CEQA "), based upon its independent review and consideration of the Third Addendum to the previously- approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project and Mitigation Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that the Third Addendum to the previously- approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for this General Plan Amendment and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this General Plan Amendment. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of General Plan Amendment No. 2010 -00481 pertaining to Table LU -4 to reflect modifications to The Disneyland Resort Specific Plan No. 92 -1, Anaheim GardenWalk Overlay as set forth in Exhibit `B" to this Resolution. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 6, 2011. Said resolution is subject to the appeal provisions set fort' ' Cr�h#� 18.60, "Proced s" of the Anaheim Municipal Code pertaining to appeal procedures. ATTEST: �— SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAW, CITY PLANNING COMMISSION -2- PC2011 -052 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on July 6, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 6' day of July, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2011 -052 I w APNs: 082- 551 -08 082 -271 -10 082- 551 -01 082 - 551 -06 082 - 551 -04 082 - 551 -05 082- 551 -07 082 -551 -10 082 - 551 -12 082 - 271 -09 082 - 551 -11 082 - 551 -03 082- 551 -09 082 - 551 -02 r° - r co N U7 773.51' EXHIBIT "A" DEV2010 -00166 . W DISNEY WAY 1,490' L W KATELLA AVE r --- 708 ID 224' 224' co u7 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. -4- PC2011 -052 Area "A" (Parcel Map 94 -205) The Disneyland Resort Specific Plan (SP 92 -1) Area The Anaheim Resort® Specific Plan (SP 92 -2) Area Hotel Circle Specific Plan (SP 93 -1) Area The Platinum Triangle Area The Stonegate Development Area Exhibit "B" Deletions are shown in strikothrough, additions are shown in bold and underline. TABLE LU -4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Designations The Mountain Low Medium Hillside Density Residential Park Area (Up to 6 du /ac) Low Medium Density Residential (Up to 16 du /ac) Low- Medium Density Residential Commercial Recreation Commercial Recreation Commercial Recreation Mixed -Use Residential Commercial Office Institutional Office High and Office Low Institutional Industrial Open Space Low Density Residential -5- 18,909 4,909,682 9,862,166 1,500,000 Permitted Density 485 2,015 (Up to 2,500 dwelling units) Up to 140 dwelling units See Note No. 1 on next page. See Note No. 2 on next page. 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. dwelling units square feet square feet square feet 4,478,356 square feet* 3.0 FAR 0.5 FAR 0.1 FAR * The maximum FAR for properties designated Office - Low is 0.5; the maximum FAR for properties designated Office -High is 2.0. Up to 35 dwelling units PC2011 -052 TABLE LIJ -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 internal 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 €.69 590,265 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 Parking District (East Parking Area) /CR Overlay south of Disney Way. 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 concerns 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 1 designation unless otherwise mitigated through subsequent environmental analysis. -6- PC2011 -052