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RES-2007-171RESOLUTION NO. 2007 171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 2006 00445. WHEREAS, the first Anaheim General Plan was adopted in 1963 and has been subsequently amended over the years as conditions warrant; and that the City Council adopted a comprehensive update to the General Plan on May 25, 2004; and WHEREAS the adopted General Plan envisions an area of the City of Anaheim known as The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS The Platinum Triangle comprises approximately 820 acres located at the confluence of Interstate 5 and SR -57 Freeways in the City of Anaheim, County of Orange, State of California, generally east of Interstate 5 Freeway, west of the Santa Ana River channel and SR -57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area; and WHEREAS, the City did receive a verified petition for (i) General Plan Amendment No. 2006 -00445 to amend the Land Use Element of the General Plan to increase the maximum office square footage and to establish the square footage of commercial development permitted in The Platinum Triangle and to remove the maximum floor area ratio (FAR) in The Platinum Triangle Mixed Use (PTMU) Overlay Zone, Orangewood District, (ii) Miscellaneous Case No. 2007 -00202 to amend The Platinum Triangle Master Land Use Plan to establish the Orangewood District, (iii) Zoning Code Amendment No. 2007 -00060 to amend the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Chapter 18.20 of the Anaheim Municipal Code) to establish the Orangewood District, (iv) Conditional Use Permit No. 2007 05222, (v) Reclassification No. 2007 -00207 to reclassify the subject property from the I (Industrial) Zone to the I (PTMU Overlay) (Industrial Platinum Triangle Mixed Use Overlay) Zone and rescind, in part, the previously- approved Resolution No. 2004 -180 to reclassify the Property from the I (Industrial) to the O -H (High Intensity Office) Zone, and (vi) approve and adopt Development Agreement No. 2007 00001; 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, on July 23, 2007, the Anaheim City Planning Commission did hold a public hearing to consider General Plan Amendment No. 2006 00445, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, General Plan Amendment No. 2006 -00445 proposes to 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 Exhibit "A" attached hereto and incorporated herein by this reference. The General Plan Amendment does consider an increase in the maximum number of commercial and office development in The Platinum Triangle Office High and Office Low Area from 1,735,000 to 1,790,550 square feet of office development and from 0 to 10,000 square feet of commercial development; and WHEREAS, at said public hearing, the Anaheim City Planning Commission did adopt its Resolution No. PC2007 -77 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that General Plan Amendment No. 2006 -00445 be adopted by the City Council; and WHEREAS, the Anaheim City Planning Commission has reviewed the proposed amendment to the General Plan, designated as General Plan Amendment No. 2006 00445, and did find and determine, by motion, that the City Council, based on its independent review of the Initial Study prepared in connection with proposed General Plan Amendment No. 2006 00445, and the requirements of California Environmental Quality Act "CEQA including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and unless additional or contrary information is received during the public meeting, find and determine, that previously certified FSEIR No. 332 and its Third Addendum, together with Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145, are adequate to serve as the required environmental documentation for General Plan Amendment No. 2006 -00445 and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for said General Plan Amendment; and WHEREAS, upon receipt of said Resolution No. PC2007 -77, summary of evidence, report of findings and recommendations of the Anaheim City Planning Commission, the City Council did fix the 21st day of August, 2007, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on General Plan Amendment No. 2006 -00445 and did give notice thereof in the manner and as provided by law; and WHEREAS, 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 and did consider the recommendations of the Anaheim City Planning Commission; and WHEREAS, the City Council does find and determine that General Plan Amendment No. 2006 00445, 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; and WHEREAS, pursuant to the provisions of CEQA, the City Council, as lead agency for said General Plan Amendment, by its Resolution, did find and determine, based upon its independent review and consideration of the Third Addendum to previously certified FSEIR No. 332 and Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145 conducted 2 pursuant to CEQA for General Plan Amendment No. 2006 00445, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously certified FSEIR No. 332, together with its Third Addendum and Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 145, are adequate to serve as the required environmental documentation for General Plan Amendment No. 2006 -00445 and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for said General Plan Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Amendment No. 2006 -00445 to the General Plan be, and the same is hereby, approved as set forth in Exhibit "A" to this Resolution. BE IT FURTHER RESOLVED that the City Council does hereby declare and determine as follows: (1) Table LU -4, which is attached hereto as Exhibit, includes Notes 1 and 2 thereof, the text of which Notes is included herein solely for purposes of clarity and completeness; (2) the text of said Notes 1 and 2 is not amended by this resolution; (3) it is acknowledged and recognized that a duly qualified referendum petition has heretofore been filed, and required action is now pending thereon, concerning City Council Resolution No. 2007 -053 relating to General Plan Amendment No. 2006 -00448 which, inter alia, amended certain language in Note 2 of said Table LU -4; (4) inclusion of Notes 1 and 2 in Exhibit A hereof, including the portion thereof which is currently the subject of said referendum (the "Challenged Text is neither intended as, nor to be deemed, a re- enactment or approval of said Challenged Text; and (5) said Challenged Text shall be subject to such modification as necessary to conform to the results of said referendum now pending. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21 stday of Aiigā€žGt 2007, by the following roll call vote: AYES: Mayor Pringle, council Members Hernandez, Galloway, Sidhu, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE C ANAHEIM 66315. v l /MGordon 3 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 10,266 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 1,790,550 s.f. of office development and 10,000 s.f. of commercial development and a maximum FAR of 0.50 for properties designated Office -Low. The Stonegate Development Area Low Density Residential Up to 35 dwelling units Exhibit A 4 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 internal 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. 5