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Resolution-PC 2007-147~ ~ RESOLUTION NO. PC2007-147 A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF ADJUSTMENT NO. 7 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 ZONING AND DEVELOPMENT STANDARDS (SPN2007-00050) WHEREAS, on Apri129, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development Standards" when the Specific Plan includes zoning regulations and development standards to be substituted for existing zoning under the Zoning Code, which "Zoning and Development Standards" shall be adopted by ordinance independent of the rest of the Specific Plan; and WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to the establishment of Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92-1 by the addition of Chapter 18.78 to said Code; and WHEREAS, on April 12, 1994, the City Council adopted Ordinance No. 5420 amending Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1, which amendment established "District A," redesignated a portion (approximately 9 acres) of the East Parking Area to District A, and established "Zoning and Development Standards" for District A; and WHEREAS, on June 20, 1995, the City Council adopted Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 2, which amendment redesignated a portion (approximately 10 acres) of the East Parking Area to District A; and WHEREAS, on October 22, 1996, the City Council adopted Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3, which amendment encompassed modifications to The Disneyland Resort Project including a Revised Phasing Plan and modifications to the Specific Plan Guidelines and Public Facilities Plan to implement the Revised Phasing Plan; and incorporation of text and graphic modifications to the document; and WHEREAS, on July 13, 1999, the City Council adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 4, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim ProjecY') on approximately 29.1 acres; and which amendment established "Zoning and Development -1- PC2007-147 ~ • Standards" for the Pointe Anaheim Overlay, modified the Land Use Plan, the Public Facilities Plan, the Design Plan and the Conditions of Approval, and incorporated text and graphic modifications to implement the Pointe Anaheim Project, and redesignated a portion of District A (18.9 acres) and Parking District (East Parking Area)/C-R Overlay (10.2 acres) to the Pointe Anaheim Overlay; and WHEREAS, on March 19, 2002, the City Council adopted Ordinance No. 5807 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 5, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim Project") on approximately 29.1 acres; and which amendment incorporated text and exhibit modifications throughout the Specific Plan document relating to the mix and allocation of land uses, zoning standards, phasing, project layout and minor modifications to project conditions of approval and mitigation measures to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and WHEREAS, on April 11, 2006, the City Council adopted Ordinance No. 6022 amending Ordinance Nos. 5807, 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 6, which amendment pertained to the Anaheim GardenWalk (formerly Pointe Anaheim) Lifestyle Retail and Entertainment Complex; and which amendment incoiporated text and exhibit changes throughout the specific plan document, including amendments to the Executive Summary, Planning Context, Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards, Zoning Explanation, Conditions of Approval, and Modified Mitigation Monitoring Program to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center; and 4,800 parking spaces and 15 bus spaces; and WHEREAS, on October 3, 2007, the City Council adopted Ordinance 6056 amending Ordinances Nos. 5807, 5377 and 5378, as previously amended, relating to the Disneyland Resort Specific Plan No. 92-1, Amendment No. 7, which amendment modified zoning and development standards pertaining to permitted architectural encroachments in required building setback areas and to modify exhibits pertaining to the maximum number and location of pertnitted wall signs within The Disneyland Resort Specific Plan No. 92-1, Anaheim GardenWalk Overlay Zone; and WHEREAS, proposed Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 includes changes to the zoning and development standards for Sections 18.114.050.0202 and 18.114.060.0102 pertaining to number of hotel rooms permitted in the Theme Park District as follows: That subsection .020 of Section 18.114.050.0202 of Chapter 18.114 be amended as follows: -2- PC2007-147 • • .020 Limitation on Total Number of Hotel Guest Rooms or Suites. The total number of hotel guest rooms or suites permitted within the Hotel District shall not exceed five thousand six hundred (5,600) rooms, not including those permitted under Section 18.114.100.060 (C-R Overlay Density). The total number of rooms shall be further limited as follows: .0201 Up to one hundred fifty (150) of the five thousand six hundred (5,600) guest rooms may be permitted as Vacation Ownership Resort units; additional guest rooms may be designated Vacation Ownership Resort units, subject to a Conditional Use Permit. All Vacation Ownership Resort Units shall be in conformance with Section 18.114.120 (Requirements for Vacation Ownership Resorts). 0202 Up to one thousand and twenty-five (1,025) of the five thousand six hundred (5,600) guest rooms may be located within the Theme Park District, provided that visitor vehicular access to any hotel within the Theme Park District shall be obtained from West Street/Disneyland Drive only. That subsection .010 of Section 18.114.060.0102 of Chapter 18.114 be amended as follows: .010 Theme Park - Permitted Primary Uses and Structures. Subject to the limitations prescribed in Section 18.114.050 (Land Use and Site Development Standards - General) and in accordance with the Design Plan, the following buildings, structures and uses shall be permitted in this District: .0101 Theme Park. A commercial establishment which includes entertainment facilities of a regional significance and may include ancillary or incidental facilities, such as plazas, streets, walkway promenades, marinas, lakes, parks, and other landscaped open space areas, and rest areas and which may charge a fee for admission. The following facilities may be included within a Theme Park: Ol Amphitheaters, indoor and outdoor. .02 Amusement devices and/or arcades. .03 Auditoriums. 04 Dance floors. OS Fireworks (location and time subject to approval of the Fire Department). .06 Outdoor special light effects including, but not limited to, sky beacons, floodlights of the thematic element and other theme park structures, search lights, laser light shows, fireworks, and other similar lighting effects intended primarily for entertainment of The Disneyland Resort visitors and not as an advertising display. 07 Retail shops. -3- PC2007-147 • • 08 Restaurants - enclosed, semi-enclosed, satellite, or walk-up. .09 Theaters - includes dinner, legitimate or motion picture theaters and performance theaters or clubs. .10 Theme park attractions. A building, structure, improvement, device, mechanism, or other facility or combination thereof operated for the entertainment of visitors in a theme park. Such facilities may include, but are not limited to: roller coasters, amusement rides, water rides, monorails, shows (live, automated or motion picture), displays, museums, art galleries, auditoriums, pavilions, or zoos. 11 Outdoor stands and booths. .0102 Hotels. Up to a maximum of one thousand and twenty-five (1,025) hotel rooms or guest suites and gaining vehicular access from West Street/Disneyland Drive subject to the limitations prescribed in subsection 18.114.050.020 (Limitation on Total Number of Hotel Guest Rooms or Suites). 0103 Retail Entertainment Centers. 0104 Transportation Facilities. .0105 Vacation Ownership Resorts in compliance with Section 18.114.120 (Requirements for Vacation Ownership Resorts) and Section 18.114.050.020 (Limitation on Total Number of Hotel Guest Rooms or Suites). WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chambers, 200 South Anaheim Boulevard, in the City of Anaheim on December 10, 2007, at 2:30 p.m., notice of said public meeting having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapters 18.60 (Procedures) to hear and consider evidence for and against the Proposed Project Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of the information provided in the Specific Plan document and other information and evidence received during the public meeting process, the Planning Commission DOES HEREBY FIND: 1. That Adjustment No. 7 to The Disneyland Resort Specific Plan, as proposed, is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein. 2. That Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 results in development of desirable character inasmuch as the transfer of hotel units to the Theme Park District allows the opportunity for more guests to stay at a theme park and the total number of permitted hotel units is not being amended and the proposed change is consistent with The Disneyland Resort Specific Plan Zone. -4- PC2007-147 • • 3. That Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 respects the environmental and aesthetic resources consistent with economic realities by providing for additional hotel units within the Theme Park District of The Disneyland Resort fulfilling the goals and objectives of The Disneyland Resort Specific Plan. The previously-approved Environmental Impact Report No. 311 addressed the impacts of the number of hotel units permitted within The Disneyland Resort Specific Plan. This proposed adjustment does not increase the total number of hotel units, the adjustment only transfers 25 hotel units from the Hotel District to the Theme Park District and therefore there are no additional environmental impacts associated with this request. 4. That no one indicated their presence at said public meeting in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1, and does recommend that the City Council find and determine that, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of the previously-certified EIR No. 311 and the evidence received at the public hearing, that the previously-certified EIR No. 311 is in compliance with CEQA and the State and City CEQA Guidelines and is adequate to serve as the required environmental documentation for this Adjustment to The Disneyland Resort Specific Plan and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Adjustment. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend that the City Council, by ordinance, adopt Adjustment No. 7 to The Disneyland Resort Specific Plan No. 92-1 zoning and development standards; and BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 10, 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 and may be replaced by a City Council Resolution in the event of an appeal. ~ CHA A ANAHEIM P 1NG COMMISSION ATTEST: , G- C~~ ' j~ ~i~~(~_ ~ OR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007-147 ~ • STATE OF CALIFORNIA ) COLTNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 10, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of .ueC.~~o~ , 200~. SECRETARY, ANAHEIM PLANNING COMMISSION -6- PC2007-147