Loading...
RES-2011-120 RESOLUTION NO. 2011- 120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92 -1 AND AMENDING RESOLUTION NOS. 93R -146 AND 93R -147, AS PREVIOUSLY AMENDED, ACCORDINGLY (AMENDMENT NO. 8). (DEV2010- 00166) WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, the City Council of the City of Anaheim has heretofore adopted its Resolution No. 93R -146 approving The Disneyland Resort Specific Plan No. 92 -1 and Resolution No. 93R -147 approving Zoning and Development Standards with conditions of approval for Specific Plan No. 92 -1 and making certain findings in conjunction therewith; and WHEREAS, on March 22, 1994, the City Council adopted Resolution No. 94R- 41 amending Resolutions Nos. 93R -146 and 93R -147 and making certain findings in conjunction therewith (Amendment No. 1); and WHEREAS, on June 13, 1995, the City Council adopted Resolution No. 95R -95 amending Resolution Nos. 93R -146 and 93R -147, as previously amended, and making certain findings in conjunction therewith (Amendment No. 2); and WHEREAS, on October 28, 1996, the City Council adopted Resolution No. 96R- 177 amending Resolution Nos. 93R -146 and 93R -147, as previously amended, and making certain findings in conjunction therewith (Amendment No. 3); and WHEREAS, on June 22, 1999, the City Council adopted Resolution No. 99R -135 amending Resolution Nos. 93R -146 and 93R -147, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 4, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim Project ") located on approximately 29.1 acres within a portion of District A (18.9 acres) and Parking District (East Parking Area) /C -R Overlay (10.2 acres); and which amendment established "Zoning and Development Standards" for the Pointe Anaheim Overlay, modified the Land Use Plan, the Public Facilities Plan, the Design Plan and the Conditions of Approval, and incorporated text and graphic modifications to implement the Pointe Anaheim Project, and made certain findings in conjunction therewith; and WHEREAS, on March 19, 2002, the City Council adopted Resolution No. 2002R -55 amending Resolution Nos. 93R -146 and 93R -147, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 5, which amendment pertained to the Pointe Anaheim Project; and which amendment encompassed text and exhibit changes throughout the specific plan document to reflect the modified Pointe Anaheim Project, including development in up to five phases over time, including amendments to the Land Use Plan, the -1- Public Facilities Plan, the Design Plan, Zoning and Development Standards, and the Conditions of Approval, and making certain findings in conjunction therewith; and WHEREAS, on April 11, 2006, the City Council adopted Resolution No. 2006- 062 amending Resolution Nos. 93R -146 and 93R -147, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 6. Said amendment included amendments to the Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards and Conditions of Approval relating to the mix and allocation of land uses, zoning standards, phasing, project layout and modifications to project conditions of approval and mitigation measures to provide for the development of 569,750 square feet of specialty retail, restaurants, and entertainment, including a multiplex movie theater; 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 and 15 bus spaces. Said Amendment also changed the project reference from "Pointe Anaheim Lifestyle Retail and Entertainment Complex" to "Anaheim GardenWalk project" and the overlay reference from "Pointe Anaheim Overlay" to "Anaheim GardenWalk Overlay;" and WHEREAS, on April 17, 2007, the City Council adopted Resolution No. 2007- 048 amending Resolution Nos. 93R -146 and 93R -147, as previously amended, relating to The Disneyland Resort Specific Plan No. 92 -1, Amendment No. 7. Said amendment pertained to the Anaheim GardenWalk Overlay to modify Zoning and Development Standards pertaining to permitted architectural encroachments in required building setback areas; and to modify exhibits pertaining to the maximum number and location of permitted wall signs within The Disneyland Resort Specific Plan No. 92 -1, Anaheim GardenWalk Overlay; and WHEREAS, on September 27, 2010, pursuant to Chapter 18.72 of the Anaheim Municipal Code, Peter Houck, as authorized agent for Katella Anaheim Retail, LLC, submitted an application for Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1, designated as Specific Plan Amendment No. 2010 - 00061; and WHEREAS, Specific Plan Amendment No. 2010 -00061 is proposed in conjunction with an amendment to the Land Use Element of the General Plan (General Plan Amendment No. 2010- 00481); 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, Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 includes text and exhibit changes to modify and increase the total amount of retail, dining and entertainment (RDE) uses within the Anaheim GardenWalk Overlay by reducing the permitted amount of retail, increasing the permitted amount of dining, increasing the permitted amount of entertainment uses and reducing the size of the bus tenninal /facility. The proposed amendments only pertain to the bus terminal /facility and the RDE uses permitted within Development Area A of the Anaheim GardenWalk Overlay and do not change the existing building footprint. No modifications are proposed for the hotels and hotel accessory uses permitted within Development Area A or the RDE uses, hotels, hotel accessory uses or parking permitted within Development Area B; and -2- WHEARAS, Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 also includes minor corrections to text and exhibits to provide consistency between previous development agreement and zoning code amendments that were not previously reflected in the Specific Plan document; and the deletion of Exhibits 5.8.3.f.1 through 5.8.3.f.8 pertaining to floor plans, sign plans and building elevations; and WHEARAS, the proposed amendments are more fully set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and 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 Specific Plan Amendment No. 2010 - 00061, 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 Specific 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 -053 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that Specific Plan Amendment No. 2010 -00061 be adopted by the City Council; and WHEREAS, upon receipt of said Resolution No. PC2011 -053, 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 Specific Plan Amendment No. 2010- 00061 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 Specific Plan Amendment No. 2010 - 00061, 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 Specific Plan Amendment and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Specific Plan Amendment; and -3- WHEREAS, the City Council does find and determine that Specific Plan Amendment No. 2010- 00061, as described above, should be approved, and that the evidence presented shows that all of the conditions exist as set forth in Section 18.72.060 of the Anaheim Municipal Code based upon the findings approved and adopted by the Planning Commission in its Resolution No. PC2011 -053, as follows: 1. That the Anaheim GardenWalk Overlay, which is the subject of Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1, is sited in The Anaheim Resort, adjacent to Katella Avenue (a Resort Smart- Street), and which unique visitor - serving location warrants the special site development standards of the Anaheim GardenWalk Overlay, as proposed to be amended. 2. That Amendment No. 8 to The Disneyland Resort Specific Plan, as proposed, is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein. 3. That Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 results in development of desirable character inasmuch as the proposed amendments provide for internal consistency throughout the document and with associated regulatory documents, and reduce redundancy between documents, in that more detailed floor plans, sign plans and building elevations have been approved through the associated conditional use permit and the final site plan. 4. That Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 respects the environmental and aesthetic resources consistent with economic realities by providing for improved leasing opportunities that reflect anticipated marked conditions within the Anaheim GardenWalk Overlay and The Anaheim Resort with the implementation of the Anaheim GardenWalk project and by fulfilling the goals and objectives of The Disneyland Resort Specific Plan. The Third Addendum to the Previously Approved Pointe Anaheim Initial Study /Mitigated Negative Declaration Anaheim GardenWalk Project and Modified Mitigation Monitoring Plan No. 004a also address project- related environmental impacts and provide for the feasible mitigation of said impacts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Specific Plan Amendment No. 2010 -00061 be, and the same is hereby, approved as more particularly shown in Exhibit "A" attached hereto. BE IT FURTHER RESOLVED that this application is granted subject to the approval by the City Council of General Plan Amendment No. 2010 - 00481, now pending. -4- 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, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: Mayor Tait CITY OF ANAHEIM By: # AYOR OF E CITY OF ANAHEIM PRO TEM ATTEST 4' AIIA CITY CLERK • F THE TY • AHEIM 85280.v1 /MGordon -5- Exhibit "A" The proposed amendments to the Disneyland Resort Specific Plan include the following modification (deletions are shown in striketlafeug#, additions are shown in bold and underline): A. Section 1.0: Executive Summary, 1.6.5.5 Anaheim GardenWalk Overlay: The Anaheim GardenWalk Overlay encompasses District A and the portion of the Parking District (East Parking Area) /C -R Overlay south of Disney Way (approximately 29.1 acres). This Overlay is a special provision of the Specific Plan that provides for the development of the Anaheim GardenWalk project subject to the approval of Conditional Use Permit No. 4078, as amended. The Anaheim GardenWalk project includes the following: 569450-590,265 gross square feet of specialty retail/ dining /entertainment uses, including movie theaters; 1,628 hotel rooms /suites (including up to 500 Vacation Ownership Resort units) and 278,817 gross square feet of hotel accessory uses; and parking facilities with up to 4,800 striped parking spaces and 15 bus parking spaces with a 10,200 7,700 gross square foot bus terminal /transportation center for airport transport and to /from sightseeing venues. The Anaheim GardenWalk project will be an integrated development to be constructed in two areas, (Areas A and B, as identified in Exhibit 1.6.6d). Area A encompasses approximately 20.3 acres of the project site, with 439,600 460,115 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,266 hotel rooms (Including up to 400 vacation ownership units) and 216,820 square feet of hotel accessory uses, a transportation center, and 3,200 parking spaces. The main retail concourse and 3,076 parking spaces will be developed first, followed by the hotels and the remaining 124 parking stalls. The remaining 8.8 acres (Area B) would be developed as a subsequent phase with up to 130,150 square feet of specialty retail, restaurants and entertainment uses, 362 hotel rooms (including up to 100 vacation ownership units) and 61,997 square feet of hotel accessory uses, and 1,600 parking spaces. B. Section 2.0: Planning Context, 2.4.3 CEQA Requirements, last paragraph: In conjunction with Specific Plan Amendment Nos. 5 and -6 and 7, Addenda to the Initial Study /Mitigated Negative Declaration were prepared in compliance with the requirements of CEQA. The Addenda demonstrated that the changes to Anaheim GardenWalk which were analyzed • - - - - e - . ` - - - - •- - • - - - - - e in Amendment No. 5, arm the changes to the Mitigated Negative Declaration which were included in Amendment No. 6, and Amendment No. 7 would not result in any new or substantially worse environmental impacts and that no supplemental or subsequent environmental review was required. C. Section 3.0: Land Use Plan, 3.3.6 Anaheim GardenWalk Overlay: The 29.1 -acre Anaheim GardenWalk Overlay encompasses District A (approximately 18.9 acres) and the portion of the Parking District (East Parking Area) /C -R Overlay south of Disney Way (approximately 10.2 acres) as shown in Exhibit 3.3.6a. This Overlay is a special provision of the Specific Plan that provides for the development of the Anaheim GardenWalk project subject to the approval of Conditional Use Permit No. 4078, as amended. The Anaheim GardenWalk project is a fully- integrated, mixed -use development which will have an integrated management, a festive theme orientation and plaza /pedestrian- oriented amenities, and consist of the following: up to 569,-7-50-590 265 square feet of specialty retail; restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms /suites (including up to 500 vacation ownership resort units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. -1- Program Summary for Anaheim GardenWalk Overlay Land Use Project Total HOTELS Number 5 hotels 4 hotels Rooms 1,628 rooms (including up to 500 vacation ownership units) Hotel Accessory Uses 278,817 square feet RETAIL /DINING /ENTERTAINMENT (RDE) Specialty Retail 248.033 389,850 square feet Dining 163.988 113,000 square feet Entertainment 178,244 66,000- square feet Total RDE 590,265 569450 square feet PARKING Structured /Covered Parking 1,949,800 square feet 4,800 auto spaces 15 bus spaces Bus Terminal /Facility 7,700 40 200 square feet a Up to 500 of thc total number of hotel units shown in thc proposed projcct may, at the developer's discretion, be developed as fractional interest (i.c., Vacation Ownership Resort) units. b. The previously approved project included a live theater complex with 4,600 seats. entertainment uses (movie th ater). • c. • - - - -- --- e e e.-. - -- - • .::••:•_ - - -- - •' -- e and valet, for a total of 5,200. The proposed projcct assumes that all parking needs arc cpaccs in Arca B). - - The Anaheim GardenWalk project density is set forth in more detail in Exhibit 3.3.6ab. The retail /dining /entertainment square footage would include the following: banking facilities; children's, men's and women's apparel, shoes, jewelry and accessories; entertainment facilities (amusement arcades, skating rinks, outdoor recreational playground areas, etc.); shopping services; specialty merchandise, gifts and toys; transportation/ travel services including an automobile rental agency office (with no on -site storage of cars); radio and television studio to enable live and /or taped broadcast facilities at the site; baby- sitting services; fast - food /food court - type and walk -up /specialty restaurants; enclosed and semi - enclosed full- service and theme -type restaurants /clubs with on -site sale and consumption of beer, wine and alcoholic beverages and associated entertainment uses (billiards, dancing, live and recorded performances, etc.) and art galleries /museum uses. The Anaheim GardenWalk Overlay would also permit, as part of Conditional Use Permit No. 4078 as amended, outdoor events and uses held within the confines of Anaheim GardenWalk, out of view of the public right -of -way and not directed toward the public right -of -way including open -air festival events oriented toward tourists and guests (i.e., for public gatherings, speeches, concerts, presentations or shows); outdoor booths, kiosks, and stands; and outdoor special lighting. In Area A, the majority of the project would be concentrated on three levels of development-as shown on Exhibits 5.8.3. . Level 1 is at street level at the outer perimeter and descends to approximately three feet below grade at the center of the project. The Street Level would consist primarily of hotel ground floors and parking, and accessory and services uses supporting the restaurants and retail stores, including truck loading areas. Level 2 also starts at street grade at the outer perimeter of the project, beginning at the same point as Level 1. Level 2 is built on an ascending incline over Level 1. At the center of the project, the floor of Level 1 is at four feet below street grade, Level 2 is 14 feet above street grade. Levels 2 and 3 would include -2- the various retail uses listed above and hotel rooms. Remaining hotel rooms would be on higher floors. More detailed descriptions of the various land uses are provided below. The Site Plan for Area B will be determined in connection with the processing of a Final Site Plan prior to the issuance of the first building permit for said Area. Hotel Uses The plan depicts up to four five hotels on -site. Hotel uses are proposed generally along the perimeter of the project site fronting on Disney Way, Clementine Street, and Katella Avenue. The hotels would feature convention, specialty and family suites- oriented facilities including, but not limited to, banquet and meeting spaces, exercise facilities, restaurants, and retail facilities. In Area A, one hotel is located in the south - eastern portion of the site at the corner of Clementine Street and Katella Avenue. Another hotel is planned at the southwest corner of Disney Way and Clementine Street. One hotel is planned on Clementine Street mid block bctwccn the north cidc - - - • • . • . • : !' • - •. . • - hotel is planned on top of the parking structure on the north side of Katella Avenue. In Area B, a fourth hotel is planned at the southeast corner of Harbor Boulevard and Disney Way. The total number of hotel rooms will be 1,628. The hotels would be high -rise construction. As currently designed, the hotels would range in height up to 135 feet. The ultimate height of the structures will be deter -mined by the hotel companies who develop within the project site; however, the hotels will comply with the height requirements of The Disneyland Resort Specific Plan, and if shade/ shadow impacts exceed those addressed in this document, additional environmental review will be conducted. Up to 500 of the 1,628 hotel rooms may be developed as Vacation Ownership Resort units. All remaining hotel rooms in the Overlay may be developed as commercial condominium hotels, provided no residential uses are permitted. The final design and ultimate number of hotels will be based on the hotel developer(s) and will be shown on Final Site Plans to be reviewed and approved by the Planning Commission prior to issuance of building permits. Retail /Dining /Entertainment (RDE) Retail, dining, and entertainment (RDE) uses are located primarily on Levels 1; and 32 of the project. Restaurants include fast -food and food court -type service, semi - enclosed, walk- up /specialty, enclosed full service establishments, and theme -type restaurants. Bus Terminal /Facility in the Parking Structure A bus terminal /facility is planned in conjunction with the project to provide bus transport to and from regional airports for visitors to The Anaheim Resort. In addition, the facility may be used as a terminal for sightseeing bus trips to accommodate hotel visitors. An enclosed loading area on the Street Level in the center of the project will be utilized. Bus ingress and egress is planned to be via Clementine Street. The facility is not planned to serve as a "park and ride" facility for local residents. A high fee will be charged for overnight parking (other than for hotel guests) as a deterrent to use the facility as a park and facility or for other overnight parking needs. Landscaping The perimeter of the project site will be landscaped in accordance with the requirements of The Disneyland Resort Specific Plan. The following fully - landscaped setback areas will be provided: a minimum of 26 -foot wide setback adjacent to Harbor Boulevard; a minimum 11 -foot wide setback area adjacent to Katella Avenue; a minimum 20 -foot wide setback area adjacent to Disney Way and Clementine Street except adjacent to the hotel lot at the southwest corner of Disney Way and Clementine Street where the building height exceeds 75 feet, where the -3- minimum setback will then be 30 feet wide. Temporary landscaping will be installed in the setback area on an interim basis until development occurs on the street frontage adjacent to the setback areas. Signs A coordinated signage program will be developed for Anaheim GardenWalk. All signage will be reviewed and approved by the Planning Department as being in conformance with the Specific Plan, as amended, or processed with waiver or variance, prior to the issuance of sign permits. Signs which require the approval of a Conditional Use Permit will be processed concurrently with the Final Site Plan. Conccptual Sitc Plan Exhibit& The Conceptual Site Plan exhibits arc providcd in Section 5.0, 'Design Plan' in Exhibits 5.8.3.f.1 to 5.8.3.f.5. D. Section 3.0: Land Use Plan, 3.4 Phasing Plan: The anticipated opening date for the new theme park is in 2001. Development of The Disneyland Resort is planned to take place in several phases: the first completed in 1996; the second concluding in 2001; the third (build out) completing in 2010. Phasing for development within District A and the C -R Overlay is not known at this time. The Anaheim GardenWalk Overlay project will be an integrated development which will be phased over time. Construction activity of project buildout will progress over the two major project areas (Area A and Area B). The first phase is-was projected to open mid -2007 and is planned to includes the specialty retail /dining /entertainment uses of Area A and the parking facilities (with 3,050 spaces). This Initial Phase will - includes approximately 439,600460,115 square feet of RDE and other commercial uses. The remaining hotel rooms and an additional 150 parking spaces in Area A and development of Area B, with hotel rooms, commercial square footage and 1,600 parking spaces will be added as market conditions permit. E. Section 4.0 Public Facilities Plan, Introduction: The Public Facilities Plan contains a description of the proposed plans for transportation, utilities, infrastructure and services for the Specific Plan area. The first two Subsections describe planned regional improvements which have an impact on the project. The improvements described under each of the remaining sections are intended to summarize all the services needed for build out of The Disneyland Resort project with the exception of any improvements which may be identified through further environmental review associated with the Future Expansion District. As described in Section 3.4, the primary objective of the Phasing Plan is to minimize the effect of construction on the local street thoroughfares while ensuring the provision of adequate infrastructure and allowing the smooth operation of existing uses during construction. Each proposed public facility improvement summarized in this Section is followed by a number that indicates in which of the project phases the improvement will be made. More detailed information concerning the proposed public facilities /services is contained in Final EIR No. 311 including the Addendum and modified Mitigation Monitoring Program No. 0067 associated therewith. Additional information is contained in the Initial Study /Mitigated Negative Declaration and Addenda prepared in connection with Specific Plan Amendment Nos. 5, and - -6 and 8 pertaining to the Anaheim GardenWalk project. F. Section 5.0: Design Plan: Delete the following exhibits in their entirety: Exhibit 5.8.3.F.1 Anaheim GardenWalk Concept Design Level One Plan, Exhibit 5.8.3.f.2 Anaheim GardenWalk Concept Design Level Two Plan, Exhibit 5.8.3.f.3 Anaheim GardenWalk Concept Design Level Three Plan, Exhibit 5.8.3.f.4 Anaheim GardenWalk Concept Design Roof Plan, Exhibit 5.8.3.f.5 Anaheim GardenWalk Interior -4- Signage and Icon/Themed Signage Element Plan, Exhibit 5.8.3.f.6 Anaheim GardenWalk Business Identification Sign Site Key Plan, Exhibit 5.8.3.f.7 Anaheim GardenWalk Disney Way Elevation, and Exhibit 5.8.3.f.8 Anaheim GardenWalk Katella Avenue Elevation. G. Section 6.0 General Plan Consistency, create 6.10.1.3 Anaheim GardenWalk Overlay: Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 related to the Anaheim GardenWalk Overlay allows revisions to Area A of Anaheim GardenWalk. The revised project (Areas A and B) consists of 590,265 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. Pursuant to California Government Code Section 65454, a Specific Plan must be consistent with the City's General Plan. In order to implement the Specific Plan, a General Plan Amendment is required to change the density proposed within the Anaheim GardenWalk Overlay. The Anaheim GardenWalk Overlay, a portion of The Disneyland Resort Specific Plan No. 92 -1, implements the General Plan's goals and policies, and is consistent with the City's General Plan. The Third Addendum to the previously- approved Pointe Anaheim Initial Study and Mitigated Negative Declaration analyzes the consistency of the Anaheim GardenWalk Overlay with the General Plan. Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 related to the Anaheim GardenWalk Overlay implements a variety of goals and policies in the General Plan by providing an integrated and attractive shopping and entertainment destination in the City. H. Section 7.0: Zoning and Development Standards a. 18.114.010 .010 Purpose. The regulations set forth in this chapter have been established to provide for orderly development of, and upon adoption of an ordinance reclassifying said property to SP 92 -1 (the "Zone "), shall be applicable to that certain property (hereinafter referred to as the "Specific Plan area ") described in that Specific Plan No. 92 -1 document (hereinafter referred to as the "Specific Plan ") marked "Exhibit A" and on file in the Office of the City Clerk approved by the City Council on June 29, 1993; and as amended on April 12, 1994 (Ordinance No. 5420); June 20, 1995 (Ordinance No. 5503); October 22, 1996 (Ordinance No. 5580); July 13, 1999 (Ordinance No. 5689); March 19, 2002 (Ordinance No. 5807); and- -April 25, 2006 (Ordinance No. 6022); and [INSERT DATE1, 2011 (Ordinance No. ) or as the same may be hereinafter amended in accordance with the Specific Plan Amendment procedures set forth in Chapter 18.72 (Specific Plans). b. 18.114.020 .020 Disneyland Resort Design Plan. The site development standards set forth in Sections 18.114.050 through 18.114.130 have been adopted to operate in conjunction with the Design Plan for The Disneyland Resort Specific Plan identified in Section 5.0 of the Specific Plan document (hereinafter referred to in this Chapter as the "Design Plan ") approved by the City Council on June 29, 1993, as amended on April 12, 1994 (Ordinance No. 5420); June 20, 1995 (Ordinance No. 5503); October 22, 1996 (Ordinance No. 5580); July 13, 1999 (Ordinance No. 5689); March 19, 2002 (Ordinance No. 5807); and April 25, 2006 (Ordinance No. 6022) )1 and [INSERT DATE1, 2011 (Ordinance No. ), as the same may be hereinafter amended in accordance with the Specific Plan amendment procedures set forth in Chapter 18.72 (Specific Plans). Said Design Plan is incorporated herein by this reference as if fully set forth in this chapter. All development otherwise permitted by this chapter shall comply with any applicable provisions of the Design Plan. -5- c. Sec. 18.114.040 .020.0201.01(e) Final detailed layout of the Anaheim GardenWalk Overlay, Area A, as ide e., Exhibit u 3 f'shall be designed in accordance with Conditional Use Permit No. 4078, as amended. One or more Final Site Plans may be processed for Area A provided that the retail concourse and parking facility shall be processed as one Final Site Plan and the hotels may be processed as separate Final Site Plans. If the Final Site Plan is found to be in substantial conformance with the Specific Plan and the provisions of this Chapter, the Planning Commission shall approve the Final Site Plan. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Plans submitted for issuance of building permits shall be in substantial conformance with the approved Final Site Plan. d. Sec. 18.114.040 .020.0201.05 Final detailed layout of the Anaheim GardenWalk Overlay, Area B, as identified on Exhibit 5.8.3.f.13.4b. One Final Site Plan encompassing the entirety of Area B shall be processed in the following manner: (a) Review and Approval. Final Site Plans, including but not limited to Site Plans, Floor Plans, Elevations, Landscape Plans and such other plans and information as required by the Planning Director, shall be prepared and submitted to the Planning Department for review and approval by the City of Anaheim Planning Commission as a public hearing item. If the Final Site Plan is found to be in conformance with the Specific Plan, the Design Plan, Conditional Use Permit No. 4078, as amended, and the provisions of this Chapter, the Final Site Plan shall be approved. The Planning Commission's decision shall be final unless appealed to the City Council, within ten (10) days from the date of such decision. Plans submitted for issuance of building, landscape or signage permits shall be in conformance with the approved Final Site Plan. (b) Appeal Process. The appeal shall be processed in the same manner as appeals for decisions or reclassifications, conditional use permits or variances as set forth in Section 18.60.130 through 18.60.150 except that the appeal period shall be a maximum of ten (10) days. (c) Environmental Review. Notwithstanding any other provision of this Chapter, Final Site Plan review by the Planning Department under subparagraph 18.114.040.020.0201.05(a) (Review and Approval) shall include a ministerial determination whether the proposed building, structure, or use has been environmentally cleared by the Second Addendu to t Pointe Anaheim Initial Study and Mitigated Negative Declaration /Mitigation Monitoring Program No. 004a and Addenda. If not, then the proposed activity shall be subject to the preparation of an Initial Study and potential further environmental review and mitigation pursuant to the California Environmental Quality Act requirements. e. 18.114.105 .020.0201.02 All uses and structures set forth in subsection 18.116.070.0350 (Permitted Accessory Uses and Structures) and in subsection 18.116.070.949060 (Permitted Temporary Uses and Structures) shall be permitted in the Anaheim GardenWalk Overlay; f. 18.114.105 .020.0201.03 . - -- - - - - - -- -- - . ' =' ' • - - -- _•:- aAll uses set forth in subsection 18.116.0700 (Uses — Commercial Recreation (C -R) District (Development Area 1)Prohibitcd Uccc) that are designated as prohibited uses, shall be prohibited in the Anaheim GardenWalk Overlay; -6- g. 18.114.105 .020.0201.05 The Anaheim GardenWalk project shall be designed in accordance with the Conceptual Site Plans and Sign Plans shown in Conditional Use Permit No. 4078, as amended - . ._._.. , -, -. .. , _._. .. ._. .. ._. .. _ • _ . .. h. 18.114.105 .030 Anaheim GardenWalk Density. The Anaheim GardenWalk Overlay encompasses two areas (Areas A and B) as identified on Exhibit No. 5.8.3.f.13.4b. The maximum density for the Anaheim GardenWalk Overlay shall be as follows: - 56950 590,265 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms (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 density is set forth in more detail in Exhibit 3.3.6b of the Specific Plan document (Program Summary for Anaheim GardenWalk Overlay). i. 18.114.130 .020.0201.02 Anaheim GardenWalk Overlay. Sign standards and regulations contained within this section shall apply to development in the Anaheim GardenWalk Overlay subject to the following exceptions: (a) Signs, objects or structures located in the interior areas of the Anaheim GardenWalk project shall be exempt from the requirements set forth in Section 18.114.130 (Sign Regulations). Signs, objects or structures shall be considered to be located in an "interior" area for the purposes of this section if they are: (i) Not visible to pedestrian or vehicular traffic from the public right -of -way at an equal elevation as the Anaheim GardenWalk property line (measured five (5) feet above the grade of the sidewalk on the opposite side of the street from the Anaheim GardenWalk project; or, (ii) For Anaheim GardenWalk Overlay, Area A, at least one hundred sixty (160) feet from the adjacent public right -of -way or correspond with the setback of the last building bordering the view corridor, whichever is further - _ • _ - _ _ . .. _ • _ • - - - e-- ' - - - - - - - - - - -:-• - - •• - - - - - - - •• - - and are visible only to pedestrian and /or vehicular traffic through limited view corridors at the entrances to the Anaheim GardenWalk project - " . -..- . The final dimensions of the view corridor shall be shown on the Final Site Plan, - • _ _ - _ _ - - _ - - _ •- - - _ - 55; or, (iii) For Anaheim GardenWalk Overlay, Area B, the Planning Commission shall review and approve an exhibit submitted as part of the Final Site Plan which identifies interior areas and the view corridor consistent with criteria set forth in subparagraph 18.114.130.020.0201.02 (a)(i) and (ii) (Signs - General). (b) Icon /themed signage elements, as defined in subparagraph 18.114.130.060.0602.05 (Business and Identification Signs) may be permitted subject to approval of a conditional use permit as set forth therein. (c) On -site Informational, Regulatory and Directional ( "IRD ") Signs. IRD Signs visible from the public right -of -way shall comply with the following: -7- (i) The maximum sign area shall be eight (8) square feet. (ii) The design, location and number of signs shall be approved as part of the Coordinated Signage Program with the Final Site Plan for the Lifestyle Retail and Entertainment Complex. (iii) If a company symbol or logo is included in the sign copy, said symbol or logo shall occupy a maximum of twenty -five percent (25 %) of the sign area. (iv) An IRD sign may encroach into the required minimum setback abutting the adjacent public right -of -way provided that the location of the sign shall comply with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches and relating to line -of -sight standards. (d) Business and Identification Signs for Anaheim GardenWalk Overlay, Area A. Business and identification signs located in the exterior areas of the Anaheim GardenWalk project shall be developed in accordance with Conditional Use Permit No. 4078, as amendedExhibit Nos. 5.8.3.f.6 (Bucincsc Identification Signs Key Plan), 5.8.3.f.7 (Bucincss Business identification signs are defined as those signs intended to advertise individual tenants of the Anaheim GardenWalk project (excluding hotels and vacation ownership resort units) and may consist of wall signs and /or freestanding signs. Business identification signs within exterior areas of the Anaheim GardenWalk project shall be shown on Final Site Plans subject to the review and approval of the Planning Commission. Prior to the issuance of sign permits, plans shall be submitted to the Planning Department indicating substantial conformance with sign plans approved as part of Final Site Plans and in accordance with Exhibit Nos. 5.8.3.f.6, 5.8.3.f.7 and 578 -3f.8. Business identification signs shall be considered to be located in an "exterior" area of the project for the purposes of this section if they are not otherwise considered as "interior" as defined in subparagraph 18.114.130.020.0201.02(a). j. 18.114.130 .060.0602.05 In the Anaheim GardenWalk Overlay, up to two (2) icon /themed signage elements (defined as "a structure, sculpture, or having the nature of, an icon, which is a nationally- recognized image or object, including, but not limited to, trademarked objects, logos, or other images and figures associated with nationally- recognized corporate identities ") shall be permitted subject to the approval of Conditional Use Permit No. 4078, as amended, or a separate conditional use permit provided that the signage shall be associated with a use approved for the Anaheim GardenWalk project pursuant to Section 18.114.105 (Anaheim GardenWalk Overlay); - -- - • - e- -e - - - • - _ .. - - - -- - - - - - the size, location, height (not to exceed thirty (30) feet in height measured from the elevation of the public sidewalk closest to the location of the element), and design of the signage shall be determined by the conditional use permit, and further provided that the maximum height of the icon /themed project element in the interior of Area A may be permitted up to a height of 75 feet measured from the elevation of the public sidewalk closest to the location of the element (Disney Way) to the top of the element, provided that the element is proposed without any signage, including logos, trademarked objects or other images and figures associated with nationally- recognized corporate identities, excluding signage that is visible to the interior of the project only, and is located a minimum of two hundred (200) feet from the public right -of -way. I. Section 8.0 Zoning Explanation, add 8.7.7 Amendment No. 7 and 8.7.8 Amendment No. 8 8.7.7 Amendment No. 7 Amendment No. 7 to the Disneyland Resort Specific Plan related to the Anaheim GardenWalk Overlay modifies zoning and development standards pertaining to permitted architectural encroachments in required building setback areas and exhibits pertaining to the maximum number and location of permitted wall signs. -8- 8.7.8 Amendment No. 8 Amendment No. 8 to the Disneyland Resort Specific Plan related to the Anaheim GardenWalk Overlay includes text and exhibit changes to modify and increase the total amount of retail, dining and entertainment (RDE) uses within the Anaheim GardenWalk Overlay by reducing the permitted amount of retail, increasing the permitted amount of dining, increasing the permitted amount of entertainment uses and reducing the size of the bus terminal /facility. The proposed amendments only pertain to the bus terminal /facility and the RDE uses permitted within Development Area A of the Anaheim GardenWalk Overlay and do not change the existing building footprint. No modifications are proposed for the hotels and hotel accessory uses permitted within Development Area Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 also includes minor corrections to text and exhibits to provide consistency between previous development agreement and zoning code amendments that were not previously reflected in the Specific Plan document. Amendment No. 8 to The Disneyland Resort Specific Plan No. 92 -1 also includes the deletion of Exhibits 5.8.3.F.1 through 5.8.3.f.8 pertaining to floor plans, sign plans and building elevations. J. Section 10.0 General Plan Amendment, 10.1 Introduction, paragraph before last paragraph, add: General Plan Amendment No. 2010 - 00481, which was adopted by City council on [INSERT DATE], 2011. amended the General Plan Land Use Element Table LU -4 "General Plan Density Provisions for Specific Areas for the City" which describes the land uses and density of The Disneyland Resort Specific Plan, including the Anaheim GardenWalk Overlay to increase the permitted amount of specialty retail, restaurants, and entertainment uses to up to 590,265 square feet. K. Section 10.0 General Plan Amendment, 10.1 Introduction, last paragraph: Following is a section describing General Plan Amendments No. 331 through 393 which were adopted prior to the Comprehensive General Plan update in 2004. Following said section is a discussion of the amendment to the description of the Anaheim GardenWalk project and the Land Use Element per General Plan Amendment No. 2005 -00440 and Table LU -4 "General Plan Density Provisions for Specific Areas for the City per General Plan Amendment No. 2010- 00481. L. Section 10.0 General Plan Amendment, add Section 10.3 General Plan Amendment no. 2010- 00481: General Plan Amendment No. 2010 - 00481, associated with Amendment No. 8 to the Disneyland Resort Specific Plan amended the General Plan Land Use Element Table LU -4 "General Plan Density Provisions for Specific Areas for the City" which describes the land uses and density of The Disneyland Resort Specific Plan, including the Anaheim GardenWalk Overlay to increase the permitted amount of specialty retail, restaurants, and entertainment uses to up to 590,265 square feet. The project, as amended, continues to be in compliance with the General Plan. -9-