99-134RESOLUTION N0. 99R-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING GENERAL PLAN AMENDMENT NO. 359
(LAND USE ELEMENT)
WHEREAS, on December 7, 1998, pursuant to Chapter 18.93
of the Anaheim Municipal Code and a request by Robert H. Shelton,
representing Anaheim Center for Entertainment, LLC, the Planning
Commission, by its Resolution No. PC98-192, initiated
applications for General Plan Amendment No. 359, Amendment No. 4
to The Disneyland Resort Specific Plan No. 92-1 and Conditional
Use Permit No. 4078 associated with the Pointe*Anaheim project
for approximately 22.2 acres of the 29.1-acre Pointe*Anaheim
project area, more specifically described as the 1.35-acre City
parcel, the 9.54-acre Melodyland parcel, the 8.9-acre Pyrovest
Anaheim Plaza Hotel parcel, the 1.4-acre Berger parcel and the 1-
acre Ursini parcel, for the purpose of presenting the
applications for study and consideration at a public hearing.
Robert H. Shelton, authorized agent for the remaining 6.9 acres
of the 29.1-acre project area, initiated the above-noted
applications for the remaining properties; and
WHEREAS, the Land Use Element of the City of Anaheim
General Plan currently refers to The Disneyland Resort Specific
Plan No. 92-1 and describes five land use districts (Theme Park,
Hotel, Parking, Future Expansion and District A) as well as the
C-R Overlay; and
WHEREAS, General Plan Amendment No. 359 has been
requested to amend the Land Use Element to incorporate the
Pointe*Anaheim Overlay and its associated density in the
description of The Disneyland Resort Specific Plan as follows:
"The Disneyland Resort Specific Plan also provides
for the development of the Pointe*Anaheim Lifestyle
Retail and Entertainment Complex pursuant to the
Pointe*Anaheim Overlay at the following density and
subject to the approval of Conditional Use Permit
No. 4078: up to 565,000 gross square feet of
retail/dining/entertainment uses; two to three
hotels comprising 1,050 hotel 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 square
feet) and an approximate 141,200 gross square foot
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
-1-
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; and, a 1,600,000 gross square foot 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 square
foot bus terminal/facility for airport transport
and to/from sightseeing venues. The Pointe*Anaheim
Overlay encompasses District A and the portion of
the Parking District (East Parking Area)/C-R
Overlay south of Disney Way"; and
WHEREAS, the density currently permitted for the
project site is established by the District A and C-R Overlay
designations. The Land Use Element indicates that the maximum
density allowed in District A and the C-R Overlay is up to 75
hotel/motel rooms per gross acre. The Land Use Element also
indicates that hotel accessory uses may also be developed as well
as other visitor-serving commercial/retail and restaurant uses.
Non-hotel uses permitted under the designations must have traffic
generation characteristics less than or equivalent to the traffic
generation characteristics of the permitted hotel density; and
WHEREAS, based upon 75 hotel rooms per acre, a maximum
of 2,182 hotel rooms are currently permitted for the project
site. These rooms would have a traffic generation equivalency of
786 total peak hour trip ends, or 27 peak hour trip-ends per acre
(based upon .36 peak hour trip-ends per hotel room). By
comparison, the proposed Pointe*Anaheim project would have a
traffic generation equivalency of 1,885 total peak hour trip
ends, or approximately 65 peak hour trip-ends per acre. Inasmuch
as the proposed Pointe*Anaheim project density is greater than
currently allowed for the project site, a General Plan Amendment
is needed and has been requested to amend the Land Use Element to
incorporate the Pointe*Anaheim Overlay including the higher
density associated with the Pointe*Anaheim project; and
WHEREAS, the density for the site is expressed in hotel
rooms or equivalent traffic generation, consistent with the
intent of the Specific Plan rather than square feet or Floor Area
Ratio (FAR), which is a more typical form of density expression.
If the proposed project's density was expressed by FAR, the
project density would be consistent with the density proposed in
The Disneyland Resort Specific Plan. Based on the assumption
that a hotel room would comprise approximately 750 square feet
(as described in previously-certified Final EIR No. 311), the
total allowable square footage onsite would be approximately
-2-
1,597,500 square feet for 2,130 hotel rooms. The proposed
Pointe*Anaheim uses total approximately 1,573,800 square feet,
plus parking. This is a decrease in the amount of square footage
that could potentially be built on the site. In other words, the
project's design is not greater in square footage or massing, but
the use of the property is more intensive; and
WHEREAS, the petitioner has submitted an analysis of
the Pointe*Anaheim project's conformance with the City of Anaheim
General Plan, as proposed for amendment, included as Attachment C
to the May 19, 1999 staff report, which attachment is
incorporated herein. Staff has reviewed the information and
believes that with the incorporation of the staff recommended
modifications set forth in the May 19, 1999 staff report, as
refined during the May 19, 1999 public hearing, that the proposed
general plan amendment would be in conformance with the goals,
objectives, and policies set forth in the City of Anaheim General
Plan Land Use Element; and
WHEREAS, the 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 May 19, 1999, at
9:00 a.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, Chapter 18.03, 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, said Planning Commission, after due
inspection, investigation and study made by itself and in its
behalf, and after due consideration of all evidence and reports,
by its Resolution No. PC99-77 has found and recommended that the
City Council determine that the Mitigated Negative Declaration
and Mitigation Monitoring Plan No. 004, including the associated
Errata, are adequate to serve as the required environmental
documentation for the proposed General Plan Amendment; and,
further finding on the basis of the Initial Study and the
evidence presented that there is no substantial evidence, with
the imposition of the mitigation measures identified in
Mitigation Monitoring Plan No. 004, that the amendment will have
a significant effect on the environment; and by its Resolution
No. PC 99-78, said Commission made certain findings and
recommended that the City Council adopt General Plan Amendment
No. 359; and
WHEREAS, upon receipt of said Resolutions, summary of
evidence, reports of findings and recommendations of the City
Planning Commission, the City Council did fix the 22nd day of
June, 1999, as the time, and the City Council Chamber in the
-3-
Civic Center as the place for a public hearing on said proposed
Amendment No. 359 and did give notice thereof in the manner and
as provided by law; and
WHEREAS, the City Council did hold and conduct said
noticed public hearing and did give all persons interested
therein an opportunity to be heard and did receive evidence and
reports to consider the Pointe*Anaheim Mitigated Negative
Declaration and Mitigation Monitoring Plan No. 004, including the
associated Errata, General Plan Amendment No. 359, Amendment No.
4 to The Disneyland Resort Specific Plan No. 92-1 (including
amendments to the Zoning and Development Standards, the Design
Plan and Guidelines and the Public Facilities Plan), Conditional
Use Permit No. 4078 with Waiver of Code Requirement, Amendment to
the Anaheim Resort Public Realm Landscape Program and Development
Agreement No. 99-O1; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council, by its
Resolution No. 99R-133 adopted the Mitigated Negative Declaration
and Mitigation Monitoring Plan No. 004, including the associated
Errata for the Pointe*Anaheim project, and determined their
adequacy to serve as the required environmental documentation for
the proposed project actions, including General Plan Amendment
No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan
No. 92-1 (including amendments to the Zoning and Development
Standards, the Design Plan and Guidelines and the Public
Facilities Plan), Conditional Use Permit No. 4078 with Waiver of
Code Requirement, Amendment to the Anaheim Resort Public Realm
Landscape Program and Development Agreement No. 99-O1, based upon
a finding by the City Council that the declaration reflects the
independent judgment of the lead agency; that it has considered
the proposed MND and Mitigation Monitoring Plan No. 004 together
with any comments and responses received during the public review
process; and, further finding on the basis of the Initial Study
that there is no substantial evidence, with the imposition of the
mitigation measures identified in Mitigation Monitoring Plan No.
004, that the project will have a significant effect on the
environment; and
WHEREAS, City Council 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, does find and determine the following facts:
1) That The Disneyland Resort Specific Plan
Pointe*Anaheim Overlay is consistent with the
goals, objectives and policies set forth in the
City of Anaheim General Plan Land Use Element as
set forth in the General Plan Consistency letter
submitted by the petitioner and described in
-4-
_...
paragraph (18) of the May 19, 1999 staff report to
the Planning Commission; and
2) That with the implementation of Mitigation
Monitoring Plan No. 004, the area-wide
infrastructure will be adequate to accommodate the
increased density associated with the
Pointe*Anaheim Overlay.
r NOW, THEREFORE, BE IT RESOLVED, that pursuant to the
above findings, and based on the submitted documents and other
information presented as a part of the public hearing process,
the Anaheim City Council does hereby adopt General Plan Amendment
No. 359 to amend the Land Use Element of the City of Anaheim
General Plan to incorporate the Pointe*Anaheim Overlay and its
associated density in the description of The Disneyland Resort
Specific Plan.
~' THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this L~rh day of r„i~ 1999.
~~
MA O OF T CITY OF ANAHEIM
ATTEST:
CITY CLERK OF HE CITY OF ANAHEIM
31309.1
-5-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-134 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 13th day of July, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-134 on the 13th day of July, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 13th day of July, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-134 was duly passed and adopted by the City Council of the
City of Anaheim on July 13th, 1999.
ot..~-
CITY CLERK OF THE CITY OF ANAHEIM