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Resolution-PC 2007-13~ • RESOLUTION NO. PC2007-13 A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DENYtNG GENERAL PLAN AMENDMENT NO. 2006-00448 PERTAINING TO THE LAND USE ELEMENT (ANAHEIM RESORT RESIDENTIAL OVERLAY - AFFORDABLE HOUSING OPPORTUNITIES) WHEREAS, the Anaheim City Council did adopt the Anaheim GeneralPlan by Resolution Na 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, the City Council of the City of Anaheim adopted the Anaheim Resort Specific Plan No. 92-2 on Septembet 27, 1994, to provide a long range, comprehensive plan for future development of approximately 549-acres within the Anaheim Resort. The Specific Plan includes zoning and development standards, design guidelines and a public facilities plan, and permits the development of hotel/motel, convention, retail and other visitor-serving uses; and WHEREAS, in connection with the adoption of Specific Plan Na 92-2, the City Council certified Environmental lmpact Report No. 313, with a Statement of Findings and Facts and a Statement'of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, on August 22, 2006, the City Council, by its Resolution No. 2006-206, adopted General Plan Amendment No. 2006-00442 amending the Land Use Element of the General Plan to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to add language relating to the Anaheim Resort Residentia! Overlay, which applies to focused areas of the Specific Plan and provides opportunities for the incorporation of residential uses into hotel developments when such uses are fully integrated into a minimum 300-room full-service hotel; and, to modify the description of the Commercial Recreation land use designation to note that in targeted areas within The Anaheim Resort, residential uses are allowed by conditional use permit when such uses are fully integrated into a minimum 300-room full-service hotel; and WHEREAS, on September 12, 2006 the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the Anaheim Resort Specific Plan No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels within targeted areas; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, on August 22, 2006, the City Council initiated General Plan Amendment No. 2006-00448 and Amendment No. 8 to The Anaheim Resort Specific Plan No. 92-2 (the "Project Actions"); and WHEREAS, the Project Actions relate to the mix and allocation of land uses and zoning standards in order to provide opportunities to develop wholly-residential uses, when such uses are developed on designated properties within the ARR Overlay; meet certain affordability requirements for the ARR Overfay; do not result in infrastructure impacts greater than those associated with the subject property's hotel/motel density, as allowed by the property's underlying C-R District density designation, unless such impacts are duly analyzed and mitigated pursuant to subsequent environmental review; and, processed as a Master Planned Development; and WHEREAS, General Plan Amendment No. 2006-00448 proposes to amend the Land Use Element of the General Plan to (i) modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to add language relating to the ARR Overlay that would allowwholly-residential uses on designated Cr\PC2007-13 -1- PC2007-13 ~ ~ properties within the ARR Overlay meeting certain eligibility, and (ii) change the description of the Commercial Recreation land use designation to provide for residential uses within targeted areas of The Anaheim Resort as a Master Planned Development; and ' WHEREAS, the proposed modifications to Table LU-4 and the Commercial Recreation land use . designation description are shown in Exhibit "A" `attached to this Resolution and incorporated herein by this : reference; and WHEREAS, the Anaheim Planning Commission did hold and conduct a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 22, 2007, at2:30 p.m., notice of said, public hearing having been duly given as required by law'and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and againsf said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and did considerthe same; and WHEREAS, the Anaheim Planning Commission does find, after careful consideration of all evidence and reports submitted to said Commission, and all evidence and reports offered at said public hearing, that all of thefindings set forth in subsection .030 of Section 18.68.050 of the Anaheim Municipal Code required #or the recommendation for approval of said general plan amendment are not present for the following reasons: 1. That the proposed amendment does not maintain the intemal consistency of the General Plan because: (a) The Commercial Recreation land use designation applies to The Anaheim Resort area. (b) The Commercial Recreation land use designation is intended to provide for tourist and entertainment-related industries, such as theme parks, hotels, tourist-oriented retail, movie theaters, and other visitor-serving facilities. (c) The proposed modifications to Table LU-4 and the Commercial Recreation land use designation description are inconsistent with Goal 4.1 of the Land Use Element of the General Plan to promote development that integrates with and minimizes impacts to surrounding land uses. (d) The Anaheim Resort area is a family-oriented tourist destination and encourages facilities catering to tourist and convention-related events. This zone is intended to provide for and encourage the development of integrated facilities in attractive settings for retail businesses directly related to entertaining, lodging and supplying services to tourists and visitors. This zone is further intended to preserve locally recognized values of community appearance; to safeguard and enhance property values in the Anaheim Resort Specific Plan Zone; to protect public investment in, and the character of, public thoroughfares; and, to aid in the attraction of tourists and other visitors important to the economy of the city. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the Proposed Project Actions, and by motion did find and determine and recommend that the City Council find and determine that the Previously-Certified Mitigated Negative Declaration, including the Addendum prepared to further analyze this land use, reflects the City's independent judgment and analysis, that the change from visito~-serving uses to residential uses will not create an additional impact in and of itself, and that the project, as mitigated, will not have a significant effect on the environment; determine that the Previously-Certified Mitigated Negative Declaration with Addendum and Updated and Modified Mitigation Monitoring Program No. 0085b are adequate to serve as the required environmental documentation for the proposed Project Actions, including the General Plan Amendment, and satisfy all of the requirements of CEQA.. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim Planning Commission does hereby deny General Plan Amendment No. 2006-00448 pertaining to Table LU-4 and the Commercial Recreation land use designation description to reflect modifications to The Anaheim Resort Specific Plan No. 92-2, as set forth in Exhibit "A" to this Resolution, to provide the opportunity to develop wholly- residential uses on designated properties within the ARR Overlay; when such development meets'certain affordability requirements for the ARR Overlay; does not result in infrastructure impacts greater than those -2- PC2007-13 • ~ associated with the subject property's hotel/motel density, as allowed by the property's underlying C-R District density designation, unless such impacts are duly analyzed ar-d mitigated pursuant to subsequent environmental review; and, is processed as a Master Planned Development. THE FOREGOING RESOLUTION was adopted at the Planning Commission' meeting of January 22,_ 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim_Municipal Code pertaining to appeal procedures. C MAN, ANAHEIM PLANNING COMMISSION ' ATTEST: ; ~ i~~ i~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE'OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) : 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify thatthe : foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 22, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSiONERS: NONE ABSENT: COMMISSIONERS: FLORES ABSTAINED: COMMISSIONERS: BUFFA • IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of TC'~t , 2007. . ~~,~ ~%~~ i~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007-13 • • Exhibit A NOTE: Removed words are shown with st~ilESe~ and new words are shown in bold. TABLE LU-4: GENERALPLAN DENSiTY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Desi nations Permitted Densit The Mountain Park Low Medium Hillside Density 485 Area Residential (Up to 6 du/ac) 2,015 Low Medium Density Residential (Up to 2,500 dwelling units) (Up to 16 du/ac) Area "A" (Parcel Map Low-Medium Density Residential Up to 140 dwelling units 94-205) The Disneyland Resort Speci~c Plan Commercial Recreation See Note No. 1 on next page. SP92-1 Area The Anaheim Resort0 Specific Commercial Recreation See Note No. 2 on next page. Plan SP92-2 Area Hotel Circle Specific Commercial Recreation The Hotel Circle Specific Plan allows for a Plan (SP93-1) Area master planned hotel project including up to 969 hotel rooms and integrated guest oriented amenities including full-service restaurants, conference roomlbanquet facilities, pool and spa areas, tour bus/shuttle facilities, and pedestrian promenades and plaza areas with comprehensive landscaping. The Platinum Mixed-Use Up to 9,500 dwelling units at densities up to Triangle Area 100 dwelling units per acre; up to 3,265,000 s.f. of office development at maximum FAR of 2.00; and, up to 2,254,400 s.f. of commercial development at a maximum FAR of 0.40. Office High and Office Low Up to 1,735,000 s.f. of office development at a maximum FAR of 2.0 for properties designated Office-High and a maximum FAR of 0.50 for properties designated Office-Low. The Stonegate Low Density Residential Up to 35 dwelling units Development Area -4- FC2007-13 • ~ TABLE LU-4: GENERAL PLAN DENSITYPROVISIONS FOR SPECIFIC AREAS OF THE CITY CONTINUED Note No. 1: The Disneyland Resort Specific Plan provides for the development of an approximate 489J acre international multi-day vacation designation resort including ongoing modifications to the Disneyland theme park, the development of a new theme park, additional hotels and entertainment areas, administrative office facilities, new public and private parking . facilities, and an intemal transportation system. This development is within five planning Districts (Theme Park, Hotel, Parking, Future Expansion and District A) and a C-R Overlay, which allows development within the Overlay to either be consistent with the underlying Resort District or sub}ect to the same land uses as in the Anaheim Resort Specific Plan No. 92-2 Zone. The Disneyland Resort Specific Plan also identifies maximum development densiry designations for hotel/motel development in the Hotel District (up to 5,600 hotel rooms for the entire District with up to 1,000 hotel rooms transferable to the Theme Park District), in District A(the maximum number of units permitted would be 75 hotel/motel rooms per gross acre or 75 hotel/motel rooms per parcel existing on June 29, 1993, whichever is greater) and the C-R Overlay (the maximum number of units permitted on a parcel woufd be the following: 1} for parcels designated Low Density - up to 50 hotel rooms per gross acre or 75 rooms, whichever is greater; and 2) for parcels designated Medium Density - up to 75 hotel rooms per gross acre or 75 rooms, whichever is greater; provided that for those parcels that are developed with hotel/motel rooms which exceeded the maximum density designation, the number of rooms existing on the date of adoption of The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density.) It should be noted that accessory uses may be developed as well as other visitor-serving commerciaUretail and restaurant uses along with these hotel/motel uses. The Disneyland Resort Specific Plan also provides for the development of the Anaheim GardenWalk project pursuant to the Anaheim GardenWalk Overlay at the foAowing density and subject to the approval of Conditional Use Permit No. 4078, as amended, to permit the following: up to 569,750 square feet of specialty retail, restauran4s, and entertainment uses, including movie theaters; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces. The Anaheim GardenWalk Overlay encompasses District A and the portion of the Parking District (East Parking Area)/CR Overla south of Disne Wa . Note No. 2: The Anaheim Resort Specific Plan provides for the development of approximately 582 acres within the C-R (Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well as restaurants, retail shops and entertainment facilities; the PR (Public Recreation) District which encompasses the Anaheim Convention Center and associated parking facilities and provides for the orderly use of City-owned property aswell as the existing Anaheim Hilton Hotel; and, the Mobile Home Park (MHP) Overlay which encompasses existing mobile home parks within the C-R District and provides development standards for mobile home parks and regulations and procedures to mitigate relocation concems and adverse effects of displacement upon mobile home owners when a park is converted to another land use; and, the Anaheim Resort Residential Overlay, which applies to focused areas of the Specific Plan and provides for the incorporation of (i) residential uses into hotel developments when such uses are fully infegrated into a minimum 300-room full-service hotel or (ii) wholly-residential uses on designated properties that meet the affordability requirements of the Anaheim Resort Residential Overlay. The Anaheim Resort Specific Plan also identifies maximum development density designations in the GR District. These designations are based upon hotef/motef development and allow up to 20% of each hotel/motel project gross square footage, excluding parking facilities, to be developed with integrated (i.e., included within the main hotel/motel complex) accessory uses. These accessory uses will reduce the otherwise maximum perrnitted hotel/motel density at the rate of one hotel/motel room per six hundred (600) gross square feet of accessory use. For properties proposed to be developed with permitted and conditionally permitted uses other than hotels/motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the otherwise permitted hotel/motel (including accessory uses) density as determined by the City Traffic and Transportation Manager prior to Final Site Plan review and approval. The density designations are as follows: "Low Density," which has a mawmum density of up to 50 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; "Low-Medium Density," up to 75 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; °Medium Density," up to 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; and, "Convention Center (CC) Medium Density," up to 125 rooms per gross acre with trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre, or 75 rooms per lot or parcel, whichever is greater. For those parcels that are developed with hotel/motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan Ordinance may be rebuilt or modified at their existing density. For projects that are developed in accordance with the Anaheim Resort Residential Overlay, (i) the maximum number of dwelling units allowed shall be less than the number of hotel rooms proposed and such projects shall not create infrastructure impacts greater than the subject property's permitted hotel/motel density, as permitted by the property's underlying C-R District density designation unless otherwise mitigated through subsequent environmental analysis, or (ii) if the residential uses are on designated properties, properties shall meet the affordability requirements of Anaheim Resort Residential Overlay and shall not result in infrastructure impacts greater than those associated with the subject property's hotel/motel density, as allowed by the property's underlying C-R District density designation, unless such impacts are duly anal ed and miti ated ursuant to subse uent environmental review. -5- PC2007-13 i • Commercial Recreation Desiqnation Description: The Commercial Recreation land use designation applies to The Anaheim Resort. The designation is intended to provide for tourist and entertainment re{ated industries, such as theme parks, hotels, tourist oriented retail, movie theaters, and other visitor-serving facilities. The Commercial Recreation - designation is implemented by various Specific Plan Zones in The Anaheim Resort, which further define the maximum development intensities within this area. In addition, in targeted areas within The Anaheim Resort, residential uses are (i) allowed by conditional use permit when such uses are fully integrated into a minimum 300-room full-service hotel, or (ii) allowed as a Master Planned Development when such uses are developed on designated properties subject to the affordability requirements of the Anaheim Resort Residential (ARR) Overlay. , -6- PC2007-13