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RES-2009-055RESOLUTION NO. 2009 -055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 4 TO THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM (MISCELLANEOUS CASE NO. 2009 00297). WHEREAS, on September 20, 1994, the City Council adopted Resolution No. 94R -239 approving The Anaheim Resort Public Realm Landscape Program and making certain findings in conjunction therewith; and WHEREAS, on October 8, 1996, the City Council adopted Resolution No. 96R- 178 amending The Anaheim Resort Public Realm Landscape Program in order to provide for modifications to the streetscape landscape plans for Freedman Way, Harbor Boulevard, Walnut Street and West Street/Disneyland Drive; and WHEREAS, on June 22, 1999, the City Council adopted Resolution No. 99R -137 amending The Anaheim Resort Public Realm Landscape Program in order to provide for a mid block median break on Clementine Street between Disney Way (formerly, Freedman Way) and Katella Avenue; and WHEREAS, on February 26, 2002, the City Council adopted Resolution No. 2002R -56 amending The Anaheim Resort Public Realm Landscape Program in order to modify the landscape concept plans for Disney Way between Harbor Boulevard and Clementine Street to reflect a mid -block median island opening to permit vehicle ingress and egress to the modified Anaheim GardenWalk (formerly, Pointe Anaheim) project; and WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning Commission did receive a verified Petition for Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program requesting that the program be modified to provide special criteria for the "Harbor Boulevard/Katella Avenue Intersection Area" to introduce special paving, sculptural urban design elements and to modify the landscape concept plan for this intersection; and WHEREAS, Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program is proposed in conjunction with General Plan Amendment No. 2008 00470; Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055); Conditional Use Permit No. 2009- 05403; Variance No. 2008- 004761; Determination of Public Convenience or Necessity No. 2009- 00056; and Final Site Plan No. 2008 -00004 to construct a nine -story, 252 room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference/meeting rooms and hotel offices (hereinafter the "Discretionary Actions and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009, at 2:30 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 against Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said amendment would add a new Section 1.4 (Harbor Boulevard/Katella Avenue Intersection Area) to The Anaheim Resort Public Realm Landscape Program to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference as if set forth in full; and WHEREAS, at said public hearing, the Planning Commission did adopt its Resolution No. PC2009 -037 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program be adopted by the Anaheim City Council; and did find and determine that the proposed amendment would provide for the creation of an urban, pedestrian friendly environment at a prominent location within The Anaheim Resort (Harbor Boulevard and Katella Avenue) that is consistent with the intent of the Anaheim Resort Specific Plan; and WHEREAS, the Planning Commission has reviewed the Discretionary Actions and did find and determine that the Mitigated Negative Declaration 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 Declaration 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; and WHEREAS, the City Council did fix the 31st day of March, 2009, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program and did give notice thereof in the manner and as provided by law; and WHEREAS, on March 31. 2009, the City Council did duly hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports at said hearing; and WHEREAS, the City Council, as lead agency for purposes of the California Environmental Quality Act, having reviewed the Discretionary Actions, does hereby find and determine that the Mitigated Negative Declaration 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 Declaration 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- NOW THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that, based upon the foregoing, and further based upon its consideration of Planning Commission Resolution No PC2009 -037, including all files, records, exhibits and plans pertaining to the application and the Planning Commission hearing which were made available to the City Council and all evidence testimony and reports offered at the March 31, 2009 City Council hearing that the City Council hereby adopts the requested Amendment No 4 to The Anaheim Resort Public Realm Landscape Program as set forth in Exhibit "A" attached hereto. BE IT FURTHER RESOLVED that Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program is granted subject to the approval by the City Council of General Plan Amendment No. 2008- 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Conditional Use Permit No. 2009 05403, Variance No. 2008 004761, and Final Site Plan No. 2008- 00004, now pending. BE IT FURTHER RESOLVED that except as expressly amended herein Resolution No 94R -239, as previously amended, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st day of March 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring NOES: ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF HE ITY OF NAHEIM 7244.v1/MGordon Council Member Galloway CITY OF EIM By: MA OR OF THE CIT OF A AHEIM 1.4.1 Streetscape EXHIBIT "A" (Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program) 1.4 Harbor Boulevard/Katella Avenue Intersection Area The area immediately adjacent to the Harbor Boulevard/Katella Avenue Intersection is critical to the overall image of The Anaheim Resort. To promote an urban, pedestrian friendly environment at this intersection, the following special criteria for landscape, hardscape and urban design elements have been created to guide future development of the parcels having frontage on both Harbor Boulevard and Katella Avenue. These parcels are located within the Harbor Boulevard /Katella Avenue Intersection Area. For parcels having frontage on both Harbor Boulevard and Katella Avenue, the following landscape and hardscape criteria shall apply within the Public Realm: Street trees along both Harbor Boulevard and Katella Avenue frontages shall include a double row of Date Palms. Date Palms in the second row of parkway may be provided in tree grates where special paving occurs. Where bus shelters occur, one (1) King Palm in tree grate shall be planted on each side of the bus shelter. Special paving shall be provided at the Harbor Boulevard/Katella Avenue Intersection Area corners to highlight this distinct, heavily pedestrian- traveled intersection. Special paving shall extend a maximum of two hundred feet (200') from the edge of curb return at the corner along both Harbor Boulevard and Katella Avenue frontages for each parcel, or combined parcels for a single project, or extend the entire length of the frontage if the parcel /project frontage is less than two hundred feet (200'). Paving materials shall be per City standards and be consistent on all four corners, subject to review and approval by the Planning Director and City Engineer. Sculptural urban design elements are encouraged at each corner of the Harbor Boulevard /Katella Avenue Intersection Area, as described in Section 1.4.2 below. SPECIALPAVING: ALL PAVING WITHIN THE PUBLIC REALM SHALL BE SPECIAL PAVING MATERIAL PER CITY STANDARDS ULTIMATE RIGHT OF WAY CURB SIDEWALK DATE PALM TREE -r PALM TREE IN TREE GRATE 1.4.2 Sculptural urban design elements Corner of Harbor Boulevard and Katella Avenue Sculptural urban design elements are encouraged within the Public Realm of the parcels that have frontages on both Harbor Boulevard and Katella Avenue. These sculptural urban design elements are intended to be iconic forms that identify the Harbor Boulevard/Katella Avenue intersection as a distinctive urban environment. The design and arrangement of these elements should be unique to each corner property of the intersection in order to provide for diversity and visual interest. They can be located within the public realm providing there is adequate circulation space for pedestrians. The design of the elements may include water and lighting subject to the approval of the Planning Director and City Engineer. The number of sculptural urban design elements is limited to two per street frontage. The final design is subject to review and approval by the Planning Director and City Engineer. i BUS STOP WHERE OCCURS SCULPTURAL URBA DESIGN ELEMENTS SPECIAL PAVING START POINT AT INTERSECTION OF EXTENSION OF CURB LINES KING PALM TREES IN TREE GRATES ADJACENT TO BUS STOP DATE PALM TREE NOTE: FINAL LANDSCAPE DESIGN SUBJECT TO REVIEW AND APPROVAL FROM PLANNING AND PUBLIC WORKS DEPARTMENT.