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RES-2011-119 RESOLUTION NO. 2011 -119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2010 -00481 PERTAINING TO THE LAND USE ELEMENT. (DEV2010- 00166) WHEREAS, the Anaheim City Council did adopt 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 of the City of Anaheim, by its Resolution No. 2004 -95, adopted a comprehensive update to the General Plan for the City of Anaheim; 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 September 27, 2010, pursuant to Chapter 18.68 of the Anaheim Municipal Code, Peter Houck, as authorized agent for Katella Anaheim Retail, LLC, submitted an application for an amendment to the Land Use Element of the General Plan, designated as General Plan Amendment No. 2010- 00481; and WHEREAS, General Plan Amendment No. 2010 -00481 is proposed in conjunction with Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 (Specific Plan Amendment No. 2010 - 00061); Amendment No. 3 to the Second Amended and Restated Development Agreement No. 99 -01; and amendments to Conditional Use Permit No. 4078 and Final Site Plan No. 2006 -00002 (hereinafter referred to collectively as the "Proposed Project Actions "); and WHEREAS, General Plan Amendment No. 2010 -00481 proposes to amend "Table LU -4: General Plan Density Provisions for Specific Areas of the City" to reflect the following density for The Disneyland Resort Specific Plan No. 92 -1, Anaheim GardenWalk Overlay: up to 590,265 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters (increased from 569,750 square feet); 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, as shown in Exhibit "A" attached hereto and incorporated herein by this reference; and -1- WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission ") did hold a public hearing at the Civic Center in the City of Anaheim on July 6, 2011, at 5:00 p.m., to consider General Plan Amendment No. 2010- 00481, notice of said hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60, 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, at said public hearing, the Planning Commission did adopt its Resolution No. PC2011 -052 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that General Plan Amendment No. 2010 -00481 be adopted by the City Council; and WHEREAS, upon receipt of said Resolution No. PC2011 -052, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 16th day of August, 2011, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed General Plan Amendment No. 2010- 00481 and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did 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 Planning Commission; and WHEREAS, the City Council has reviewed the Proposed Project Actions, including General Plan Amendment No. 2010- 00481, and does find and determine pursuant to the provisions of the California Environmental Quality Act ( "CEQA "), based upon its independent review and consideration of the Third Addendum to the previously- approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project and Mitigation Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to 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 the Third Addendum to the previously- approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for this General Plan Amendment and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this General Plan Amendment; and WHEREAS, the City Council does find and detennine that General Plan Amendment No. 2010 - 00481, 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 based upon the findings approved and adopted by the Planning Commission in its Resolution No. PC2011 -052, as follows: 1. That the evidence presented substantiates the need for an amendment to the Anaheim General Plan and that the proposed amendment maintains the internal consistency of the General Plan as the proposed modifications to the Anaheim GardenWalk Overlay are consistent with the goals and policies set forth in the General Plan for the Commercial Recreation land use -2- designation and The Anaheim Resort and the modified density does not result in the need for additional infrastructure improvements or public facilities, beyond those previously planned for The Anaheim Resort. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 3. The proposed amendment would maintain the balance of land uses within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that General Plan Amendment No. 2010 -00481 be, and the same is hereby, approved, to amend "Table LU -4: General Plan Density Provisions for Specific Areas of the City" of the Land Use Element of the Anaheim General Plan, as shown in Exhibit "A" attached hereto. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 6th day of August , 2011, by the following roll call vote: AYES: Council Members Sidhu, Fastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: Mayor Tait CITY OF ANAHEIM By: $°( AYOR 0 I HE CITY OF ANAHEIM PRO TE11 ATTEST: 'L. 01 CITY CLERK OF THE CITY OF ' NAHEIM 84814.v1 /MGordon -3- Exhibit "A" 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 485 (Up to 6 du /ac) Low Medium Density Residential 2,015 (Up to 16 du /ac) (Up to 2,500 dwelling units) Area "A" (Parcel Map Low- Medium Density Residential Up to 140 dwelling units 94 -205) The Disneyland Resort Specific Commercial Recreation See Note No. 1 on next page. Plan (SP92 -1) Area The Anaheim Resort Specific Commercial Recreation See Note No. 2 on next page. Plan (SP92 -2) Area The Hotel Circle The Hotel Circle Specific Plan allows for a Specific Plan Commercial Recreation master planned hotel project including up to (SP93 -1) Area 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 Mixed -Use Triangle Area Residential 18,909 dwelling units Commercial 4,909,682 square feet Office 9,862,166 square feet Institutional 1,500,000 square feet Office High and Office Low 4,478,356 square feet* Institutional 3.0 FAR Industrial 0.5 FAR Open Space 0.1 FAR * The maximum FAR for properties designated Office -Low is 0.5; the maximum FAR for properties designated Office -High is 2.0. The Stonegate Development Low Density Residential Up to 35 dwelling units Area -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 590,265 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 residential uses into hotel developments when such uses are fully integrated into a minimum 300 -room full - 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 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; "Low - Medium Density (Modified)," up to 252 rooms and 75,593 square feet of accessory uses; "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, 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. -5-