Resolution-PC 2016-085RESOLUTION NO. PC2016-085
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY
COUNCIL APPROVE AND ADOPT ADJUSTMENT NO. 10 TO
THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1)
(ADJUSTMENT NO. 10 TO THE DISNEYLAND
RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1))
(DEV2010-00166H)
(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,
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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,
approve 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 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 (the "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, all of which applications pertain to the Anaheim GardenWalk
Overlay of The Disneyland Resort Specific Plan, the location of which is generally depicted on
the map attached hereto as Exhibit A; 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, on January 11, 2016, the Planning Commission, by its Resolution No.
PC2016-001, approved an amendment to Conditional Use Permit No. 4078, as previously
amended, to revise the Coordinated Sign Program for the Anaheim GardenWalk project to
permit electronic message boards for certain qualified land uses subject to the approval of a
conditional use permit; and
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WHEREAS, the Planning Commission did receive a verified petition for approval of (1)
Adjustment No. 10 to the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) (herein referred to
as "Adjustment No. 10") to permit an increase in the height of "icon/themed signage elements"
for the Anaheim GardenWalk project from thirty (30) feet to ninety (90) feet, and (2) an
amendment to Conditional Use Permit No. 4078 (designated as "Conditional Use Permit No.
4078H") to permit an amendment to the Coordinated Sign Program for the Anaheim
GardenWalk project that will permit a fourth Major Business Identification Sign on the north
building elevation, facing Disney Way, and an icon/themed signage element, specifically a water
tower with two painted logos on the roof of the building, adjacent to Disney Way; and
WHEREAS, Adjustment No. 10 and Conditional Use Permit No. 4078H shall be referred
to herein collectively as the "Proposed Project"; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 17, 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 Code, to hear and consider evidence for and against the Proposed Project,
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines and recommends that the
City Council also find and determine that the effects of the Proposed Project are typical of those
generated within that class of projects (i.e., Class 11 — Accessory Structures) which consist of the
"construction, or replacement of minor structures, accessory to (appurtenant to) existing
commercial facilities, industrial, or institutional facilities". Section 15311 of the CEQA
Guidelines provides examples of projects that qualify for an exemption from the provisions of
CEQA within that class of projects. 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 of the 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 finds and determines that the increase in the
height of "icon/themed signage elements" for the Anaheim GardenWalk project from thirty (30)
feet to ninety (90) feet is within the maximum structural height permitted for the GardenWalk
project, as defined by the "Anaheim Commercial -Recreation Area Permitted Structural Height
Map"; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to the Proposed Project, the Planning Commission desires to recommend that the
City Council approve Adjustment No. 10 by the adoption of the ordinance attached hereto as
Exhibit B; and
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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, pursuant to the above findings and based upon
a thorough review of Adjustment No. 10 and the evidence received to date, the Planning
Commission does hereby recommend that the City Council approve Adjustment No. 10 by the
adoption of the ordinance attached hereto as Exhibit B, it being understood that Adjustment No.
10 and the ordinance attached hereto as Exhibit B may be approved and adopted or denied by the
City Council in its sole discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 17, 2016.
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 October 17, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, CARBAJAL, DALATI, HENNINGER,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2010-00166H
APN: 082-551-01
082-551-02
082-551-03
082-551-04
082-551-05 W DISNEY WAY
082-551-06
082-551-07 74' 0) 186'
543'
082-551-11
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EXHIBIT "B"
REDLINED TO SHOW
REVISIONS TO CURRENT
MUNICIPAL CODE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBPARAGRAPH .05 OF PARAGRAPH .0602
(CONDITIONALLY PERMITTED SIGNS) OF SUBSECTION
.060 (BUSINESS AND IDENTIFICATION SIGNS) OF
SECTION 18.114.130 (SIGN REGULATIONS) OF CHAPTER
18.114 18.114 (DISNEYLAND RESORT SPECIFIC PLAN NO.
92-1 (SP 92-1) ZONING AND DEVELOPMENT STANDARDS)
OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL
CODE TO PERMIT AN INCREASE IN THE HEIGHT OF
ICON/THEMED SIGNAGE ELEMENTS FOR THE ANAHEIM
GARDENWALK PROJECT, AND FINDING AND
DETERMINING THAT THIS ORDINANCE IS
CATEGORICALLY EXEMPT FROM THE PROVISIONS OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTION 15311 OF THE STATE
CEQA GUIDELINES.
(ZONING CODE AMENDMENT NO. 2016-00134)
(ADJUSTMENT NO. 10 TO THE DISNEYLAND RESORT
SPECIFIC PLAN NO. 92-1 (SP 92-1))
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council")
has the authority to enact and enforce ordinances and regulations for the public peace, morals and
welfare of the City and its residents; and
WHEREAS, the City Council desires to amend subparagraph .05 of paragraph .0602
(Conditionally Permitted Signs) of subsection .060 (Business and Identification Signs) of Section
18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP
92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Code for the Anaheim
GardenWalk to permit an increase in the height of "icon/themed signage elements", as defined
therein, from thirty (30) feet to ninety (90) feet; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"),
and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and
consideration of environmental documents for this ordinance; and
Exhibit "B"
Page 1 of 3
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the City Council finds and determines that the effects of this
ordinance are typical of those generated within that class of projects (i.e., Class 11 — Accessory
Structures) which consist of the "construction, or replacement of minor structures, accessory to
(appurtenant to) existing commercial facilities, industrial, or institutional facilities". Section
15311 of the CEQA Guidelines provides examples of projects that qualify for an exemption from
the provisions of CEQA within that class of projects. The example that is applicable to this
ordinance is for on -premise signs. This ordinance fits within that example and, therefore,
pursuant to Section 15311 of the CEQA Guidelines, will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the City Council determines that this ordinance is a valid exercise of the
local police power and in accord with the public purposes and provisions of applicable State and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That subparagraph .05 of paragraph .0602 (Conditionally Permitted Signs) of subsection
.060 (Business and Identification Signs) of Section 18.114.130 (Sign Regulations) of Chapter
18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development
Standards) of Title 18 (Zoning) of the Code be, and the same is hereby, amended and restated to
read in full as follows:
.05 In the Anaheim GardenWalk Overlay, up to two (2) icon/themed signage
elements (defined as "a structure, sculpture, or having the nature of, an icon,
which is a nationally -recognized image or object, including, but not limited to,
trademarked objects, logos, or other images and figures associated with
nationally -recognized corporate identities") shall be permitted subject to the
approval of Conditional Use Permit No. 4078, as amended, or a separate
conditional use permit provided that the signage shall be associated with a use
approved for the Anaheim GardenWalk project pursuant to Section 18.114.105
(Anaheim GardenWalk Overlay); the size, location, height (not to exceed
( }ninetyL_J feet in height measured from the elevation of the public sidewalk
closest to the location of the element), and design of the signage shall be
determined by the conditional use permit, and further provided that the maximum
height of the icon/themed project element in the interior of Area A may be
permitted up to a height of 75 feet measured from the elevation of the public
sidewalk closest to the location of the element (Disney Way) to the top of the
element, provided that the element is proposed without any signage, including
logos, trademarked objects or other images and figures associated with nationally -
recognized corporate identities, excluding signage that is visible to the interior of
the project only, and is located a minimum of two hundred (200) feet from the
public right-of-way.
SECTION 2.
Exhibit "B"
Page 2 of 3
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the day of , 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the day of
, 2016, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
Exhibit "B"
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