Loading...
PC 2016/01/11 City of Anaheim Planning Commission Agenda Monday, January 11, 2016 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Michelle Lieberman • Chairman Pro-Tempore: Mitchell Caldwell • Commissioners: Paul Bostwick, Bill Dalati, Grant Henninger, Victoria Ramirez, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, January 7, 2016, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 01/11/2016 Page 2 of 6 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 01/11/2016 Page 3 of 6 Public Hearing Items ITEM NO. 2 SPECIFIC PLAN ADJUSTMENT NO. 2015-00066 ZONING CODE AMENDMENT NO. 2015-00131 CONDITIONAL USE PERMIT NO. 4078F (DEV2010-00166F) Location: 321 West Katella Avenue 400 West Disney Way Request: The applicant proposes Adjustment No. 8 to the Disneyland Resort Specific Plan, an amendment to Chapter 18.114 of the Anaheim Municipal Code, and an amendment to a conditional use permit to revise the Coordinated Signage Program, including a proposed electronic message board, for the Anaheim GardenWalk project. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 11 (Accessory Structures) Categorical Exemption. Motion Motion Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net ITEM NO. 3 FINAL SITE PLAN NO. 2015-00002 VARIANCE NO. 2015-05035 (DEV2015-00094) Location: 1775 South Clementine Street Request: To construct a 466-room, 12-story hotel with two levels of subterranean parking and a front setback that is smaller than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether an Addendum to the Pointe Anaheim Initial Study/Mitigated Negative Declaration is the appropriate environmental documentation per the California Environmental Quality Act (CEQA) Guidelines. Resolution No. ______ Project Planner: Elaine Thienprasiddhi ethien@anaheim.net 01/11/2016 Page 4 of 6 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2015-05831 PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00121 (DEV2015-00113) Location: 2401 West Lincoln Avenue, Unit D Request: To permit the sale of beer and wine for off-premises consumption at an existing convenience store which is located within a commercial shopping center, and an associated Determination of Public Convenience or Necessity to allow a new Type 20 Alcoholic Beverage Control (ABC) license for the beer and wine sales. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Ashley Hefner ahefner@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2015-05830 VARIANCE NO. 2015-05052 (DEV2015-00112) Location: 2446-2448 West Orange Avenue 2444 West Orange Avenue Request: The following land use entitlements are requested to permit the expansion of an existing religious institution onto an adjoining property: (i) a conditional use permit to permit classrooms for the study of yoga, meditation, dance, music, and sacramental rites within an existing two story building; and, (ii) a variance to permit less parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Ashley Hefner ahefner@anaheim.net 01/11/2016 Page 5 of 6 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2015-05826 PUBLIC CONVENIENCE OR NECESSITY NO. 2015-00122 (DEV2015-00105) Location: 5701 and 5791 East Santa Ana Canyon Road 5717 East Santa Ana Canyon Road Request: The following land use entitlements are requested to permit the construction of a new retail store within an existing shopping center: (i) a conditional use permit to permit an off-sale Alcoholic Beverage Control (ABC) general alcohol license (Type 21), an on-sale public premises beer and wine license (Type 42), an on-sale instructional tasting license (Type 86), and roof-mounted equipment within the Scenic Corridor Overlay zone; and (ii) a determination of public convenience or necessity to permit three on and off-sale ABC licenses in the new retail store (BevMo!). Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 2 (Replacement or Reconstruction) Categorical Exemption. Resolution No. ______ Project Planner: Amy Stonich astonich@anaheim.net ITEM NO. 7 CONDITIONAL USE PERMIT NO. 2015-05825 VARIANCE NO. 2015-05054 (DEV2015-00102) Location: 928-930 West North Street Request: To permit and retain an existing transitional living facility within an existing single family home and accessory detached residential unit with fewer parking spaces than required by the Zoning Code. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Motion Request for continuance to February 8, 2016 Project Planner: Amy Stonich astonich@anaheim.net Adjourn to Monday, January 25, 2016 at 5:00 p.m. 01/11/2016 Page 6 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:00 p.m. January 6, 2016 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 11, 2016 SUBJECT: ZONING CODE AMENDMENT NO. 2015-00131, SPECIFIC PLAN ADJUSTMENT NO. 2015-00066 AND CONDITIONAL USE PERMIT NO. 4078F LOCATION: 321 West Katella Avenue and 400 West Disney Way (Anaheim GardenWalk) APPLICANT/PROPERTY OWNER: The applicant is James Selonick with Arcturus. The property owner is Anaheim Capital Partners, represented by Bob Gellert. REQUEST: The applicant proposes Adjustment No. 8 to the Disneyland Resort Specific Plan No. 92-1 (DRSP), an amendment to Chapter 18.114 of the Anaheim Municipal Code, and an amendment to a conditional use permit to revise the Coordinated Signage Program, including a proposed electronic message board, for the Anaheim GardenWalk development. RECOMMENDATION: Staff recommends that the Planning Commission take the following actions: 1) Adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 11, Accessory Structures) and approving an amendment to Conditional Use Permit No. 4078, contingent upon and subject to City Council approval of Specific Plan Adjustment No. 2015-00066 and its adoption of Zoning Code Amendment No. 2015-00131; and 2) By motion, recommend that the City Council approve Specific Plan Adjustment No. 2015-00066, a proposed modification to the zoning and development standards adopted in connection with the DRSP, by adopting Zoning Code Amendment No. 2015-00131. BACKGROUND: The project site is located within the Anaheim GardenWalk Overlay of the DRSP. The DRSP was approved in June 1993 to provide development guidelines and standards for the expansion and on-going modifications of The Disneyland Resort and adjacent hotels and visitor-serving uses, including the GardenWalk site. ZONING CODE AMENDMENT NO. 2015-00131, SPECIFIC PLAN ADJUSTMENT NO. 2015-00066 AND CONDITIONAL USE PERMIT NO. 4078F January 11, 2016 Page 2 of 7 In June 1999, the City Council approved amendments to the General Plan, DRSP, Anaheim Municipal Code and The Anaheim Resort Public Realm Landscape Program; and, approved Conditional Use Permit No. 4078, and Development Agreement No 99-01 between the City of Anaheim and Excel Pointe Anaheim, LLC. These actions created the Pointe Anaheim (now referred to as Anaheim GardenWalk) Overlay and provided the framework to develop the project site. In March 2006, a Final Site Plan was approved by the Planning Commission for the development of the shopping and entertainment complex and associated parking facilities within The Anaheim GardenWalk Overlay, Development Area A. The complex includes a three-story concourse featuring landscaping, fountains, and seating areas. Tenants include a mix of retail stores; full-service restaurants; walk-up/fast food establishments; bar/nightclubs; physical fitness center; and bowling facility. Existing parking facilities include a multi-level parking garage and a transportation center with parking for 15 buses. In addition, a concierge/ticket service and Police Substation are located on the ground floor. Approved development intensity for GardenWalk includes the construction of up to three hotels with a total of 1,266 rooms, including up to 400 vacation ownership units, and up to 216,820 square feet of hotel accessory uses. In August 2007, a Final Site Plan was approved for a 392-unit vacation ownership resort to be constructed on top of the existing parking structure. A Coordinated Signage Program for the Anaheim GardenWalk project was approved with the shopping and entertainment complex in 2006 and is included as Attachment 4 to this staff report. The Coordinated Signage Program addresses project identification signs, parking structure entry and identification signs, directional guidance signs and business identification signs visible from public view. Development standards pertaining to signs within the GardenWalk Overlay are also included in the Chapter 18.114 of the Municipal Code. PROPOSAL: The applicant proposes a new Coordinated Signage Program to replace the existing program approved in 2006, which addresses both project identification and business identification signage visible to the public streets. The proposal includes the addition of new freestanding and wall signs as well as modifications to existing signs and sign standards. Modifications to signs that are currently approved and installed include a simplified typeface for all GardenWalk project identification signs and adjusting the letter height limitation for business identification signs, such that the first letter and remaining letters (copy letters) would have the same maximum height limitation. Currently, the Code and approved Coordinated Signage Program limit the copy letters to one foot smaller than the first letter. Directional and informational signs that are interior to the project would be updated to be consistent with the design of the proposed project identification signs, but are not included in the Coordinated Signage Program since they are not visible from off-site. At this time, no changes to existing business identification (tenant) signs are proposed. Proposed Logo Existing Logo ZONING CODE AMENDMENT NO. 2015-00131, SPECIFIC PLAN ADJUSTMENT NO. 2015-00066 AND CONDITIONAL USE PERMIT NO. 4078F January 11, 2016 Page 3 of 7 Other aesthetic improvements include the addition of living “green wall” panels that would attach to the garage façade, facing Katella Avenue. A green wall is made up of modular panels that attach to the exterior of a structure with plants rooted into the wall modules. A concierge booth is proposed adjacent to the GardenWalk at the northwest corner of the building would be removed and replaced with a smooth finish. The following new signs are proposed: Location Type Quantity Description Katella Avenue Parking structure driveway Project identification parking structure entry sign 1 Freestanding sign with push through internally illuminated acrylic letterforms; 3.5 feet wide by 20 feet tall Parking structure surface, affixed to new living greenwall panel Major tenant identification signs 3 Internally-illuminated channel letters; maximum 110 square feet each Pedestrian entry, affixed to new circular concierge booth Project identification sign 2 Internally-illuminated channel letters; 4 feet wide by 16 feet tall Pedestrian entry, incorporated into new circular concierge booth Electronic messaging sign 1 LED display with 360 degree viewing; 2 feet high with lettering up to 14 inches Disney Way Northwest corner of building Project identification sign and directional sign 1 Perpendicular sign with push through internally-illuminated acrylic letterforms; 12 feet wide by 29 feet tall Westerly portion of the north elevation Major tenant identification signs 3 Internally-illuminated channel letters; maximum 220 square feet each Clementine Street Varies Hotel wall sign 4 Each hotel is allowed two wall signs; internally- illuminated channel letters; maximum 300 square feet and 350 square feet Varies Hotel freestanding sign 2 Each hotel is allowed one freestanding sign; maximum 126 square feet In conjunction with the proposed update to the Coordinated Signage Program, the applicant requests that the Code be updated to remove the development standards that are addressed in the Coordinated Signage Program. The Code section pertaining to signs in GardenWalk currently includes reference to Conditional Use Permit No. 4078; the proposed amendment to the Code will include specific reference to the Coordinated Signage Program approved in conjunction with ZONING CODE AMENDMENT NO. 2015-00131, SPECIFIC PLAN ADJUSTMENT NO. 2015-00066 AND CONDITIONAL USE PERMIT NO. 4078F January 11, 2016 Page 4 of 7 the conditional use permit. All signs will have to comply with the criteria included in the sign program. Amendments to the Coordinated Signage Program would be processed as an amendment to the conditional use permit, without requiring future amendments to the Code. Kiosk with Channel Letter and Electronic Signs Katella Parking Structure Sign FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: ZONING CODE AMENDMENT NO. 2015-00131, SPECIFIC PLAN ADJUSTMENT NO. 2015-00066 AND CONDITIONAL USE PERMIT NO. 4078F January 11, 2016 Page 5 of 7 Amendment to Conditional Use Permit No. 4078: Before the Planning Commission may approve an amendment to a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. An amendment to Conditional Use Permit No. 4078 is required in order to revise the approved Coordinated Signage Program and to permit the proposed electronic readerboard sign. Along Katella Avenue, the proposed freestanding sign serves to direct visitors arriving by car to the parking garage, which is set back approximately 80 feet and difficult to see from the street. The design elements of the sign are simple, clean and easy to read. Allowing three new signs on the parking structure for major tenants would help bring visibility to businesses located in the interior of GardenWalk. The proposed channel letter signs on the future concierge booth would enhance the presence of GardenWalk as a destination. As indicated in the applicant’s letter of request, visitors often believe that GardenWalk is limited to the restaurants with frontage on Katella Avenue. The electronic display that would circle the concierge booth requires approval of a conditional use permit. The electronic sign area would be two feet tall, and due to the limited size, would be oriented toward pedestrians along the Katella Avenue frontage. The sign would advertise businesses within GardenWalk and offer general information, such as announcing special events and displaying show times for any of the on-site entertainment venues. No off-site advertising would be permitted. Although the sign is oriented toward pedestrians, the timing of display changes would be a minimum of eight seconds as recommended by Public Works, Traffic Engineering staff. Proposed signage on Disney Way focuses on advertising major tenants within GardenWalk which do not currently have a visual presence on the street. The previously-approved signage program allowed for up to eight small tenant signs on the north elevation, which were never built. The proposed signage program cuts the number of signs in half, allowing three large signs for major tenants and one for another smaller tenant. The signs are appropriately scaled to the building elevation on which they are proposed. ZONING CODE AMENDMENT NO. 2015-00131, SPECIFIC PLAN ADJUSTMENT NO. 2015-00066 AND CONDITIONAL USE PERMIT NO. 4078F January 11, 2016 Page 6 of 7 The perpendicular sign proposed on the north elevation is similar to the freestanding project identification sign proposed on Katella and would serve to direct visitors arriving by car to the parking garage entrance on Disney Way. Hotel signs were not addressed in the approved Coordinated Signage Program and have been included in the proposed package. Two wall signs would be permitted for each of the hotels, with one sign allowed to be up to 350 square feet, which is 50 square feet larger than the maximum size permitted in the Resort. The size limit for hotel wall signs in the Anaheim Resort Specific Plan is 300 square feet for hotels that are eight stories or more in height. The first hotel proposed in GardenWalk would be 12 stories tall, such that a larger sign would be appropriate for a taller building. Greater flexibility would also be permitted in regard to the design of freestanding monument signs. Since the hotels will be part of the larger GardenWalk project, they would not be subject to the standard Anaheim Resort monument signs. Size limitations of both horizontal and vertical format signs would be consistent with the allowed size of the standard Anaheim Resort monument signs. The purpose of the proposed Coordinated Signage Program is to make it clear to visitors of the Resort that GardenWalk is a destination for dining, shopping and entertainment. With the recent programming changes to GardenWalk and large entertainment venues that would be opening in the near future, staff believes that prominent project identification would be reflective of the dynamic nature and scale of the development. On Katella Avenue, proposed signage is intended to direct drivers parking structure entrance, which is set back a substantial distance from the street. On Disney Way, the signs would be consolidated, reducing the number of overall signs and featuring major tenants in a strategic location. The proposed signs are simple with clean lines and of high quality design and materials that would enhance both GardenWalk and the Resort area. Specific Plan Adjustment No. 8 to the Disneyland Resort Specific Plan and Zoning Code Amendment Section 18.114.130 of the Code, pertaining to the signs in the GardenWalk Overlay, references Conditional Use Permit No. 4078 and includes development standards regulating the signs within the GardenWalk development. Sign criteria in the Code are very specific in terms of the type, quantity and size of signs allowed in the project and was based on the originally approved Coordinated Signage Program. The proposed signs do not comply with the standards in the Code since the revised sign program includes the introduction of new sign types. When the revised sign program was submitted by the applicant, staff recommended that the Code be updated to remove specific sign criteria and, instead, refer to the Coordinated Signage Program so that future changes to signs would be subject to an amendment to the conditional use permit, and not the Code. Such a change would be reviewed by the Planning Commission, but not the City Council. Minor amendments could also be reviewed administratively by staff. The purpose of a Coordinated Signage Program is to allow greater design flexibility for a project such as GardenWalk and the appropriate mechanism to establish and modify the signage is through a conditional use permit. As part of the Code Amendment, staff has included findings to ensure that proposed signs complement the project architecture and are consistent with the scale of the surrounding buildings. ZONING CODE AMENDMENT NO. 2015-00131, SPECIFIC PLAN ADJUSTMENT NO. 2015-00066 AND CONDITIONAL USE PERMIT NO. 4078F January 11, 2016 Page 7 of 7 CEQA Environmental Determination: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., 11, Accessory Structures) which consist of the construction, or placement of minor structures, including on-premises signs, accessory to existing commercial facilities, and that, therefore, pursuant to Section 15311 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: The proposed Coordinated Signage Program is consistent with the goals and policies of the DRSP, such as enhancing visitor-serving commercial uses in the City and providing a catalyst for the economic development. The new signs would support GardenWalk as a destination for dining, shopping and entertainment. Staff believes that prominent project identification is appropriate for the dynamic nature and scale of the development and would enhance both GardenWalk and the Resort area. Prepared by, Submitted by, Elaine Thienprasiddhi Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Draft Resolution 2. Draft Ordinance 3. Letter of Request 4. Approved Coordinated Signage Program 5. Proposed Coordinated Signage Program SP 92-1DA5ANAHEIM PLAZAHOTEL SP 92-2DA1INDUSTRIAL SP 92-1DA3ASOCAL EDISON CO. EASEMENT SP 92-2DA1ANAHEIM RESIDENCE INN SP 93-1 HOTEL CIRCLEWORLDMARK SP 92-2DA1CASTLE INN& SUITES SP 92-1DA3ASOUTHERN CALIFORNIA EDISON CO. EASEMENT SP 92-2DA1VACANT SP 92-2DA1SUPER 8MOTEL SP 92-1DA3AFIRE STATION SP 93-1 HOTEL CIRCLELA QUINTAINN & SUITES SP 93-1 HOTEL CIRCLEEXTENDED STAYAMERICA SP 92-2DA1RAMADA MAINGATE SP 92-1DA3AINDUSTRIAL SP 92-1DA3APARKING LOT SP 92-1DA3ASOCAL EDISON CO. EASEMENT SP 92-2DA1RENT-A-CAR S P 9 2 -2 D A 1 A M E R I C A 'S B E S T V A L U E I N N & S U I T E S S P 9 2 -2 D A 1 H O L I D A Y I N N E X P R E S S A N A H E I M S P 9 2 -2 D A 1 R A M A D A P L A Z A H O T E L A N A H E I M R E S O R T SP 92-1DA4PARKING LOT SP 92-1DA4PARKING LOTSP 9 2 -2 D A 1 R I V I E R A M O T E L S P 9 2 -2 D A 1 L I T T L E B O Y B L U E M O T E LSP 92-2DA1ISLANDERINN &SUITES SP 92-2DA1UNDER CONSTRUCTION SP 92-1DA3AGARDENWALK SP 92-1DA3AGARDENWALK SP 92-1DA3AGARDENWALK SP 92-1DA5GARDENWALK SP 92-1DA5GARDENWALK SP 92-1DA3AGARDENWALK PARKING STRUCTURE SP 92-1 DA3AGARDENWALK S C L E M E N T I N E S T S C L E M E N T I N E S T W DISNEYWAY W KATELLA AVE W DISNEY WAY S . H A R B O R B L V D S . L E W I S S T W. KATELLA AVE S . W A L N U T S T W. ORANGEWOOD AVES. N I N T H S T E. KATELLA AVE S . A N A H E I M B L V D S . H A S T E R S T E. GENE AUTRY WAY E. ORANGEWOOD AVE 321 West Katella Avenue and 400 West Disney Way DEV No. 2010-00166F Subject Property APN: 082-551-01 082-551-02 082-551-03 082-551-04 082-551-05 082-551-06 082-551-07 082-551-11 °0 50 100 Feet Aerial Photo:May 2014 S C L E M E N T I N E S T S C L E M E N T I N E S T W DISNEYWAY W KATELLA AVE W DISNEY WAY S . H A R B O R B L V D S . L E W I S S T W. KATELLA AVE S . W A L N U T S T W. ORANGEWOOD AVES. N I N T H S T E. KATELLA AVE S . A N A H E I M B L V D S . H A S T E R S T E. GENE AUTRY WAY E. ORANGEWOOD AVE 321 West Katella Avenue and 400 West Disney Way DEV No. 2010-00166F Subject Property APN: 082-551-01 082-551-02 082-551-03 082-551-04 082-551-05 082-551-06 082-551-07 082-551-11 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 4078, AMENDING CONDITIONS OF APPROVAL AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2010-00166F) (321 WEST KATELLA AVENUE AND 400 WEST DISNEY WAY) WHEREAS, on June 22, 1999, the Anaheim City Council did, by its Resolution No. 99R-136, grant Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and Entertainment Complex consisting of up to 565,000 gross square feet of retail/dining/entertainment uses; two to three hotels comprising 1,050 rooms/suites with approximately 86,985 gross square feet of related accessory uses (the hotel rooms/accessory uses would encompass a maximum of 923,800 gross sq. ft.) and an approximately 141,200 gross sq. ft. area on the top floor of the parking structure to be used to provide parking and/or hotel amenities serving guests and patrons of the Pointe Anaheim hotels only; up to three theaters with a total of 4,600 seats for live performances or, alternatively, a 24-screen movie theater with 4,757 seats; a 1,600,000 gross sq. ft. parking structure with 4,800 striped parking spaces and 25 bus spaces with provision to park an additional 400 vehicles, which would bring the total number of vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross sq. ft. bus terminal/facility for airport transport and to/from sightseeing venues; and waiver of the minimum number of parking spaces (7,668 spaces required, 4,800 striped spaces proposed with provision for an additional 400 vehicles which would bring the total number of vehicles that can be accommodated in the parking structure to 5,200); with development of the project to take place in a single phase; and WHEREAS, on February 26, 2002, the Anaheim City Council did, by its Resolution No. 2002R-57, amend Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and Entertainment Complex consisting of up to 634,700 gross sq. ft. of retail/dining/entertainment uses (which includes a 94,000 sq. ft. aquarium); up to four hotels comprising a maximum of 1,662 hotel rooms/suites (of which up to 200 units may be Vacation Ownership Resort units) with approximately 322,071 gross sq. ft. of related accessory uses, of which up to 178,120 gross sq. ft. on top of the parking structure may be used for a hotel conference center (the hotel rooms/suites and accessory uses would encompass a maximum of 1,370,711 gross sq. ft.); and, a 1,949,800 gross sq. ft. parking structure with up to 4,800 striped parking spaces and 15 bus spaces with a 10,200 sq. ft. bus terminal/facility for airport transport and to/from sightseeing venues; with the proposed development taking place in up to five phases; and, with a waiver of the minimum number of parking spaces (6,581 spaces required, up to 4,800 spaces proposed at full project build-out); and, WHEREAS, on December 14, 2004, the City Council did, by its Resolution No. 2002R-253 amend Conditional Use Permit No. 4078, to extend the date by which the developer must commence construction of the Initial Phase of Development (from within 3 years after February 26, 2002 to February 26, 2006) and to reflect the name of the new owner (Anaheim GW, LLC); and WHEREAS, on December 12, 2005, the Planning Commission, by its Resolution No. PC2005-160, approved an amendment to Conditional Use Permit No. 4078, to extend the date by which the developer must commence construction of the Initial Phase of Development (from February 26, 2006 to February 26, 2007); and WHEREAS, on April 11, 2006, the City Council did, by its Resolution No. 2006-063, approved an amendment to Conditional Use Permit No. 4078, to modify the Anaheim GardenWalk project (formerly Pointe Anaheim Lifestyle Retail and Entertainment Complex) to permit the following: 569,750 gross square feet of retail/dining/entertainment uses, including movie theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a - 2 - PC2016-*** transportation center, and 4,800 parking spaces and 15 bus spaces with a 10,200 sq. ft. bus terminal/facility; and with a waiver of the minimum number of parking spaces (6,984 spaces required, up to 4,800 spaces proposed at full project build-out); 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 retail, dining and entertainment uses and associated parking facilities for Anaheim GardenWalk have been subsequently developed in accordance Conditional Use Permit No. 4078 within a three-story concourse featuring landscaping, fountains, and seating areas. Tenants include a mix of general purpose merchandise stores; full-service restaurants; specialty and walk-up/fast food establishment; bar/nightclubs; a 14-screen movie theater; a 20,000-square foot fitness facility; and a 44- lane bowling facility. The concourse structure also includes back-of-house areas such as management and security offices, service corridors, utility rooms, and loading areas. The constructed parking facilities include a multi-level parking garage with 2,606 parking spaces and a transportation center with parking for 15 buses. In addition, a concierge/ticket service and Police substation are located on the ground floor; and, WHEREAS, on August 16 2011, the City Council, by its Resolution No. 2011-121, approved an amendment to Conditional Use Permit No. 4078, as previously amended, including changes to the mix and allocation of land uses, the waiver of minimum number of parking spaces, the conditions of approval and the exhibits; and WHEREAS, the Planning Commission did receive a verified petition to further amend the CUP (designated as "Conditional Use Permit No. 4078F") to revise the Coordinated Signage Program, including a proposed electronic message board, for the Anaheim GardenWalk project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 11, 2016 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 Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against the six-month compliance review, said proposed Conditional Use Permit No. 2010-05486E, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of the construction, or placement of minor structures, accessory to existing commercial facilities. Section 15311 of the State CEQA Guidelines (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines") provides examples of projects that qualify for an exemption from the provisions of CEQA. The example that is applicable to the Proposed Project is for on-premise signs The Proposed Project fits within that example and, therefore, pursuant to Section 15311 - 3 - PC2016-*** of the State CEQA Guidelines, will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning 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 pertaining to the request for an amendment to the CUP, does find and determine the following facts: 1. The request to amend the CUP to revise the Coordinated Signage Program and permit an electronic readerboard sign is subject to a conditional use permit authorized under Sections 18.114.105.020 (Anaheim GardenWalk Overlay – Conditional Use and Structures) and 18.114.130.060.0602.01 (Changeable copy signs (including electronic message boards) for a theater, entertainment facility, amusement park, or for hotel/motel complexes provided the site on which the use is located is a minimum of six (6) acres in area) of the Code. 2. The request to amend the CUP to revise the Coordinated Signage Program and permit an electronic readerboard sign will not adversely affect the surrounding land uses and the growth and development of the area, with the implementation of the conditions of approval. 3. The size and shape of the site is adequate to allow the full operation of the proposed uses in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because no expansion to the development is proposed. 4. The traffic generated at the site would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because no expansion to the development is proposed. 5. The granting of the amendment to the CUP under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will support a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission 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 detract from the findings made in this Resolution. The Planning Commission 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 the Planning Commission, for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 4078F to revise the Coordinated Signage Program and permit an electronic readerboard sign for the Anaheim GardenWalk project. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 4078F contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of Approval"). BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the - 4 - PC2016-*** CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 4078F. BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under Conditional Use Permit No. 4078F, are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with those conditions of approval that relate to the uses permitted under Conditional Use Permit No. 2010-05486E may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 11, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 11, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of January, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM