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Resolution-PC 2009-035RESOLUTION NO. PC2009-035 A RESOLUTION OF THE ANAHEIM CITY PLt1NNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATNE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2008-00470 PERTAINING TO THE LAND USE ELEMENT WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general descripfion and extent of possible future development within the City; 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, the Anaheim City Planning Commission did receive a verified Petition for General Plan Amendment No. 2008-00470 to amend the Land Use Element of the General Plan to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the City" to reflect a new density category created for the Commercial Recreation District of the ARSP. The new density category would be called "Low Medium Density (Modified)" and would accommodate 252 hotel rooms with 75,593 square feet of accessory uses; and WHEREAS, the proposed modifications to Table LU-4 and the Commercial Recreation land use designation description aze shown in Exhibit "A" attached to this Resolurion and incorporated herein by this reference as if set forth in full; and WHEREAS, General Plan Amendment No. 2008-00470 is proposed in conjunction with Specific Plan Amendment No. 2008-00055, Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009-00297), Conditional Use Permit No. 2009-05403, Variance No. 2008-004761, Public Convenience or Necessity No. 2009-00056 and Final Site Plan No. 200$-00004 to construct a nine-story, 252-room hotel with 75,593 squaze feet of supporting retail, spa, nightclub, lounges, restaurants, conference/meefing rooms and hotel offices; and WHEREAS, before the Anaheim City Planning Commission recommends approval of any General Plan amendment, it must make a finding of fact that the evidence presented shows that all of the following condirions exist: (a) The proposed amendment maintains the intemal consistency of the General Plan; (b) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfaze of the City; (c) The proposed amendment would maintain the balance of land uses within the City; and -1- PC2009-035 (d) If the amendment is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification including, but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses; and WHEREAS, the Anaheim City Planning Commission did hold a public heazing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevazd, on Mazch 2, 2009, at 230 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 against said proposed project actions, including General Plan Amendment No. 2008-00470, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said heazing, does hereby find: 1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan aze consistent with Goals 3.1, 3.2, 5.1 of 6.1 of the Land Use Element and Goal 1.3 of the Economic Development Element of the General Plan to pursue land uses along major corridors that enhance the City's image and stimulate appropriate development at strategic locations, as well promote attractive, pedestrian-friendly development along major transportation routes and key intersections. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfaze of the CiTy in that the proposed amendment to the Anaheim General Plan would not change the Commercial-Recreation land use designation on the subject property; 3. The proposed amendment would maintain the balance of land uses within the CiTy, in that the proposed amendment would provide for a hotel with accessory retail and restaurant uses in a key intersection within The Anaheim Resort; and 4. The General Plan Land Use Land Use Map is unchanged, as the boundazies oFthe Commercial Recreation Land Use Designation have not been modified; and 5. That one person spoke in favor and submitted a letter, two persons expressed support with some exceptions and submitted two letters and one person relayed some concerns. WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declazation and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declazation together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. -2- PC20090-035 NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General Plan Amendment No. 2008-00470 pertaining to Table LU-4 to reflect the "Low Medium Density (Modified)" density category as set forth in Exhibit "A" to this Resolution. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice for this project. 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 POREGOING RESOLUTION was adopted at the Planning Commission meeting of Mazch 2, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures. ATTEST: SENIOR SE'ERETARY, ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) PLANNING COMMISSION I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolurion was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 2, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, ICARAICI, RAMIREZ, ROMERO NOES: COMMISSIONERS: EASTMAN ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 16~' day of March, 2009. SENIOR ECRETARY, ANAHEIM PLANNING COMMISSION -3- PC20090-035 Exhibit "A" NOTE: New words are shown in bold underline. TABLE LU-4: GENERAL PLAN DEN3ITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Designations Permitted Densiry The Mountain Park Low Medium Hillside Density 485 Area Residendal (Up ro 6 du/ac) 2;015 Low Medium DensiCy Residential (Up to 2,500 dwelling units) (Up to 16 du/ac) Area "A" (Parcel Map Low-Medium DensiCy Residenpal Up to 140 dwe3ling units 94-205) The Disneyland Resort SpeciFic Plan Commercial Recreation See Note No. 1 on next page. (SP92-1) Area The Anaheim ResortOO 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 hote] rooms and inkegrated guest oriented amenities including full-service restaurants, conference room/banquet 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 deusities 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 [0 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 ma~cimum FAR of 2:0 for properties desagnated Offiee-High and a ma7cimum FAR of 0.50 for properties designated O~ce-Low. The Stonegate Low DensiCy Residential Up to 35 dwelling units Developmeat Area -4- PC2009-035 TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY (CONTINUED) Note No. 1: The Disneyland Resort Specific Plan provides for the development of an approximate 489.7 acre international multi-day vacation designation resort including ongoing moditications to the Disneyland theme park, Ihe development of a new theme park, additional hotels and entertai~ment areas, administrative office facilities, new public aod private parking facilities, and an internal transportation system. This development is within five planning Districts (Theme Park, Hotel, Parking, Future Expansion and District A) and a GA Oveday, which allows development within the Oveday to either be consistent with the undedying Resort District or subject to the same 12~d uses as in the Anaheim Resort Specific Plan No. 92-2 Zone. The Disneyland Resort Specific Plan also identifies maximum development density designations for hoteVmotel development in the Hotel District (up to 5,600 hotel rooms for the e~tire District with up to 1,000 hotel rooms transferable to the Theme Park District), in Distric[ 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 o~ a parcel would 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 ihose parcels that are developed with hoiel/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 ai their existing density.) I[ 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 following density and subject to the approval of Conditional Use Pertnit No. 4078, as amended, to permit the following: up to 569,750 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms/suiles (including up to 500 vacation ownership units) and 278,817 square feei of hotel accessory uses; a transportation center, and 4,800 parking spaces. The Anaheim GardenWalk Overlay encompasses Dishict A and the portion of the Parking District (East Parking Area)/CR Oveday south of Disney Way. Note No. 2: The Anaheim Resort Specific Plan provides for the development of approximately 582 acres within the GR (Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well as restaurants, relail shops and entertainment tacilities; the PR (Public Recreation) Disiric[ which encompasses the Anaheim Convention Center and associated parking facili[ies and provides for the orderly use of Ciry-owned property as well as the existing Anaheim Hiltpn Hotel; the Mobilehome Park (MHP) Oveday which encompasses existing mobilehome parks within the C-R Dis[rict and provides development standards for mobilehome parks and regulations and prpcedures to mitigate relocation concems and adverse effects of displacement upon mobilehome owners when a park is converted to anoiher land use; and, the Anaheim Resort Residential Overlay, which applies to focused areas of the Specific Pla~ and provides for the incorporation of residential uses into hotel developments when such uses are fully integrated into a minimum 300-room fWl-service hotel. The Anaheim Resort Specific Plan also identifies maximum development density designations in the C-R District These designations are based upon hotel/motel developmenl and allow up to 20% of each hotel/motel project gross sqaare 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 olhenvise maximum permitted hotel/motel density at the rate of one hotel/motel room per six hu~dred (600) gross square feet of accessory use. For properties pmposed to be developed with permitted and conditionally permitted uses o[her than hotels/motels wilh accessory uses, the traffic generation characteristics of said uses shall no[ exceed those associa[ed with the otherwise permitted hotel/motel (including accessory uses) de~sity 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 maximum density of up to 5~ 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; "Low-Medium Densitv (Modified);' up to 252 rooms and 75.593 sauare feet of accessorv uses: "Medium Density," up to ~100 rooms per gross acre pr 75 rooms per lot or parcel, whichever is greater; and, "Convention Center (CC) Medium Density;' up to 125 rooms per gross acre with irip generation characteristics mitigated to the equivalent of 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater. For ihose parcels ihat are developed with hotel/motel rooms which exceed the mauimum density designation, the number pf rooms exis[ing 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, the maximum number of dwelling uniTS allowed shall be less than the number of hotel rooms proposed and such projecls shall not create infrastruc[ure impacts greater ihan the subject property's permitted hoteVmotel densiry, as permitted by the property's underlying C-R District density designation unless otherwise miligated through subsequent enuironmental analysis. -5- PC20090-035