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RES-2007-053RESOLUTION NO. 2007 053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2006 00448, PERTAINING TO THE LAND USE ELEMENT. WHEREAS, the Anaheim City Council adopted the Anaheim General Plan by Resolution No. 69R -644, showing the general description 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, on August 22, 2006, the City Council approved a Mitigated Negative Declaration (the "Mitigated Negative Declaration for, and by its Resolution No. 2006 -206, approved General Plan Amendment No. 2006 00442, amending the Land Use Element of the General Plan to provide opportunities for the development of residential units when fully- integrated within a minimum 300 -room full- service hotel within certain areas of the Anaheim Resort Specific Plan No. 92 -2, as shown on Exhibit "A" attached to Resolution No. 2006 -206 "Amendment No. 7"); and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, on August 22, 2006, the City Council initiated minor modifications to Amendment No. 7 through the initiation of General Plan Amendment No. 2006 -00448 and Amendment No. 8 to The Anaheim Resort Specific Plan No. 92 -2, to (i) amend the Commercial Recreation land use designation description in the Land Use Element of the General Plan, and (ii) modify the Zoning and Development Standards pertaining to the Anaheim Resort Residential (ARR) Overlay Zone, to allow for wholly- residential development on designated properties within the ARR Overlay, as shown on Attachment "A" to Ordinance No. 6058 when such development includes rental housing that is affordable to very -low and low- income households (collectively, "Amendment No. 8 and WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the General Plan may be amended whenever the public necessity and convenience and the general welfare require such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and WHEREAS, General Plan Amendment No. 2006 -00448 proposes to amend the Land Use Element of the General Plan, as follows: (a) Amend "Table LU -4: General Plan Density Provisions for Specific Areas of the City" of the Land Use Element of the General Plan as shown on Attachment No. 1 attached hereto and incorporated by this reference. (b) Change the description of Commercial Recreation land use designation in the Land Use Element of the General Plan to read as follows: "Commercial Recreation The Commercial Recreation land use designation applies to The Anaheim Resort. The 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. 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." WHEREAS, in connection with proposed Amendment No. 8, the City has reviewed the Mitigated Negative Declaration and has also undertaken an analysis, and determined that neither Amendment No. 8 nor the circumstances under which Amendment No. 8 will be undertaken will result in any substantial changes from Amendment No. 7 resulting in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant effects from those identified in the Mitigated Negative Declaration, or that new information of substantial importance, which was not known when the Mitigated Negative Declaration was adopted, has come to light; and such analysis and determination is documented in the Addendum to the Mitigated Negative Declaration on file with the City and attached to the staff agenda report regarding proposed Amendment No. 8 and which is incorporated herein by reference as if set out in full; and WHEREAS, on January 22, 2007, the Planning Commission held a public hearing concerning Amendment No. 8 and the Addendum to the Mitigated Negative Declaration, (hereafter the "Addendum and took action both to recommend that the City Council find the Addendum to be sufficient to analyze any potential significant environmental effects of Amendment No. 8, and to disapprove Amendment No. 8, subject to any appeal or Council request for review; and WHEREAS, on January 30, 2007, the Planning Commission's decision was set for review by two members of the City Council pursuant to Anaheim Municipal Code Sections 18.60.130, 18.68.050 and 18.72.040; and 2 WHEREAS, on February 13, 2007, the City Council voted on Amendment No. 8, and such vote resulted in a 2 -2 tie on the matter in part because Councilmember Lucille King abstained due to a question regarding a possible conflict of interest; and WHEREAS, on February 20, 2007, the City received a request from SunCal Companies that the Council rehear Amendment No. 8 pursuant to Anaheim Municipal Code section 1.12.100 "SunCal Rehearing Request and WHEREAS, on March 20, 2007, after the Fair Political Practices Commission issued a formal Advice Letter concluding that Councilmember Lucille Kring did not have a conflict of interest precluding her participation in the proceedings relating to Amendment 8, the City Council voted to accept the SunCal Rehearing Request and notice a public hearing on April 24, 2007 pursuant to Anaheim Municipal Code sections 1.12.100, 1.12.099, 18.68.060, 18.72.060, to consider the proposed Minor Project Modifications; and WHEREAS, at a duly noticed public hearing on April 24, 2007, the City Council reviewed Amendment No. 8, the Mitigated Negative Declaration and Addendum, considered the recommendations of the Planning Commission with respect to Amendment No. 8, and considered all public testimony submitted regarding these matters; and WHEREAS, the City Council does find and determine that General Plan Amendment No. 2006 00448, as described above, should be approved, and that the evidence presented shows that all of the conditions exist as set forth in Subsection .030 of Section 18.68.050 of the Anaheim Municipal Code as follows: 1. The proposed amendment maintains the internal consistency of the General Plan, based upon the evidence presented in connection with the consideration of Amendment 8 and a review of the goals, policies, programs and plans in the Anaheim General Plan, which is incorporated herein by this reference; 2. That the proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City, based upon the evidence presented in connection with Amendment 8, the Anaheim General Plan, and the Mitigated Negative Declaration and Addendum; 3. That the proposed amendment would maintain the balance of land uses within the City, based upon the evidence presented in connection with the consideration of Amendment 8 and a review of the Anaheim General Plan; and 4. That 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, based upon the evidence presented in connection with the consideration of Amendment 8 and the Mitigated Negative Declaration and Addendum. 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: SECTION 1. In Resolution No. 7 2 the City Council has heretofore determined in accordance with Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162, 15164, 15168 and 15378 that Amendment No. 8, consisting of General Plan Amendment No. 2006 -00448 and Amendment No. 8 to The Anaheim Resort Specific Plan No. 92 -2 is covered by the Mitigated Negative Declaration and Addendum, and that no further environmental documentation or findings are required in connection with the consideration of General Plan Amendment No. 2006 -00448 and Amendment No. 8 to The Anaheim Resort Specific Plan No. 92 -2 In this regard, the City Council finds that the Mitigated Negative Declaration and Addendum thereto reflect the independent judgment of the City Council as the lead agency for Amendment No. 8; and that the City Council has considered the Mitigated Negative Declaration and Addendum thereto, all comments received on such Mitigated Negative Declaration and Addendum, and all responses to such comments, prior to taking action on General Plan Amendment No. 2006 00448. approved. SECTION 2. That Amendment No. 2006 -00448 to the General Plan be, and the same is hereby, THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of April 2007, by the following roll call vote: AYES: Council Members Hernandez, Galloway, Kring NOES: Mayor Pringle, Council Member Sidhu ABSENT: NONE ABSTAIN: NONE ATTEST: By ITY CLERK OF THt I OF ANAHEIM 65207.v 1 /MGordon CITY OF ANAHEIM .r�f. MAYOR OF THE CITY OF ANAHEIM Mayor Pro Tem 4 TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Designations Permitted Density The Mountain Park Area Low Medium Hillside Density Residential (Up to 6 du /ac) Low Medium Density Residential (Up to 16 du /ac) 485 2,015 (Up to 2,500 dwelling units) Area "A" (Parcel Map 94 -205) Low Medium Density Residential Up to 140 dwelling units The Disneyland Resort Specific Plan (SP92 -1) Area Commercial Recreation See Note No. 1 on next page. The Anaheim Resort® Specific Plan (SP92 -2) Area Commercial Recreation See Note No. 2 on next page. Hotel Circle Specific Plan (SP93 -1) Area Commercial Recreation The Hotel Circle Specific Plan allows for a master planned hotel project including up to 969 hotel rooms and integrated 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 Triangle Area Mixed -Use Office High and Office Low Up to 9,500 dwelling units at densities up to 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. 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 Development Area Low Density Residential Up to 35 dwelling units Attachment No. 1 5 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 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 subject 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 density 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 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 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 commercial /retail 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 Permit 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/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 Overlay south of Disney Way. 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 as well as the existing Anaheim Hilton Hotel; the Mobilehome Park (MHP) Overlay which encompasses existing mobilehome parks within the C -R District and provides development standards for mobilehome parks and regulations and procedures to mitigate relocation concerns and adverse effects of displacement upon mobilehome 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 integrated 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 C -R District. These designations are based upon hotel /motel 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 permitted 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 maximum 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 the 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 analyzed and mitigated pursuant to subsequent environmental review. 6