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
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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
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W DISNEY WAY
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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
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Aerial Photo:May 2014
S C L E M E N T I N E S T
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W KATELLA AVE
W DISNEY WAY
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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
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[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
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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
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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
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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
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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