2002-054RESOLUTION NO. 2002R-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT
NO. 2001-00393,. (LAND USE ELEMENT).
WHEREAS, the City of Anaheim, pursuant to the
recommendations of the Planning Commission of the City of
Anaheim, adopted a General Plan for the City of Anaheim; and
WHEREAS, on July 13, 1999, the City Council, by its
Resolution No. 99R-134, duly adopted General Plan Amendment No.
359 to amend the Land Use Element of the General Plan to describe
the land uses and density of the Pointe Anaheim Overlay within
The Disneyland Resort Specific Plan; and
WHEREAS, the Land Use Element of the City of Anaheim
General Plan currently refers to The Disneyland Resort Specific
Plan No. 92-1 and describes five land use districts (Theme Park,
Hotel, Parking, Future Expansion and District A) as well as the
C-R Overlay and the Pointe Anaheim Overlay; and
WHEREAS, the Pointe Anaheim Overlay provides for
development of the project site in compliance with the provisions
of said overlay, which in turn require compliance with the
conditions and requirements of Conditional Use Permit No. 4078;
and
WHEREAS, development of the project site pursuant to
the provisions of the Pointe Anaheim Overlay is an alternative to
development of the project site pursuant to the provisions and
density currently permitted for the project site as established
by the underlying District A and C-R Overlay designations; and
WHEREAS, the Land Use Element indicates that the
maximum density allowed in District A and the C-R Overlay is up
to 75 hotel/motel rooms per gross acre and also indicates that
hotel accessory uses may also be developed as well as other
visitor-serving commercial/retail and restaurant uses; non-hotel
uses permitted under the de~ignation~ must have traffic
generation characteristics less than or equivalent to the traffic
generation characteristics of the permitted hotel density; and
WHEREAS, pursuant to Chapters 18.03 and 18.93 of the
Anaheim Municipal Code, Robert H. Shelton, Anaheim Center for
Entertainment, LLC, as authorized agent for Excel Pointe Anaheim,
LLC, successor in interest to Anaheim Center for Entertainment,
LLC, submitted a request dated March 12, 2001, that the Planning
Commission initiate General Plan Amendment No. 2001-00393,
Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1,
Amendment to Conditional Use Permit No. 4078 and other related
actions pertaining to the Pointe Anaheim project, as proposed to
be modified, including development in up to five phases, on
property within the Specific Plan not owned by Excel Pointe
Anaheim, LLC; and
WHEREAS, on April 9, 2001, the Planning Commission, by
its Resolution No. PC2001-41, duly initiated General Plan
Amendment No. 2001-00393, Amendment No. 5 to The Disneyland
Resort Specific Plan No. 92-1, Amendment to Conditional Use
Permit No. 4078 and other related actions; and
WHEREAS, pursuant to Chapters 18.03 and 18.93 of the
Anaheim Municipal Code, Robert H. Shelton, Anaheim Center for
Entertainment, LLC, as authorized agent for Excel Pointe Anaheim,
LLC, submitted requests on October 29, 2001 for General Plan
Amendment No. 2001-00393, Amendment No. 5 to The Disneyland
Resort Specific Plan No. 92-1 (including amendments to the Land
Use Plan, Design Plan, Zoning and Development Standards and
Conditions of Approval), Amendment to Conditional Use Permit No.
4078 with waiver of Code requirements, a request for the City of
Anaheim to enter into the First Amended and Restated Development
Agreement No. 99-1 with Excel Pointe Anaheim, LLC, and Amendment
No. 3 to The Anaheim Resort Public Realm Landscape Program (the
"Proposed Project Actions"), which Proposed Project Actions
address the Pointe Anaheim project as proposed to be modified,
including development in up to five phases over time; and
WHEREAS, proposed General Plan Amendment No.
2001-00393, would amend the Land Use Element of the General Plan
as it relates to the Pointe Anaheim Overlay and its associated
density in the description of the Disneyland Resort Specific Plan
to describe the Pointe Anaheim project as it is proposed to be
modified by amending the text of the Land Use Element as set
forth in Exhibit A to this Resolution, which is incorporated
herein by this reference as though set forth in full; and
WHEREAS, the City Planning Commission did hold a public
hearing at the Anaheim Civic Center, Council Chambers, 200 South
Anaheim Boulevard, in the City of Anaheim on November 19, 2001,
at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of
the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against the Proposed Project Actions and to
investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Planning Commission, by its Resolution
No. PC2001-159, as supplemented by its Resolution No. PC2002-22,
has found and determined that the Addendum to the Pointe Anaheim
Initial Study and Mitigated Negative Declaration and the Modified
Mitigated Monitoring Plan No. 004 were prepared in compliance
with the requirements of the California Environmental Quality Act
and the State and City of Anaheim CEQA Guidelines; that as
2
demonstrated by the analysis included in said addendum for all
environmental issues, the Proposed Project Actions will not
result in new significant impacts or substantial increases in the
severity of previously identified significant impacts and no
supplemental or subsequent environmental review is required; that
said addendum and the Modified Mitigation Monitoring Plan No.
004, as corrected at the Commission meeting, are adequate to
serve as the required environmental documentation for the
Proposed Project Actions; and by its Resolution No. PC 2001-160,
said Commission made certain findings and recommended that the
City Council adopt General Plan Amendment No. 2001-00393; and
WHEREAS, upon receipt of Resolution No. PC2001-159, as
supplemented by Resolution No. PC2002-22, and the Planning
Commission's request for review of its actions, summary of
evidence, reports of findings and recommendations of the City
Planning Commission, the City Council did fix the llth day of
December, 2001, as the time, and the City Council Chamber in the
Civic Center as the place for a public hearing on said
modification to Conditional Use Permit with waiver of the minimum
number of parking spaces required by the Anaheim Municipal Code
and did give notice thereof in the manner and as provided by law,
and thereafter duly continued the public hearing to January 8,
February 12 and February 26, 2002; and
WHEREAS, on February 26, 2002, the City Council did
hold a public hearing upon the Proposed Project Actions, notice
of which hearing was given in the manner required by law; and
WHEREAS, the City Council did hold and conduct said
noticed public hearing on February 26, 2002 and did give all
persons interested therein an opportunity to be heard and did
receive evidence and reports to consider the Addendum to the
Pointe Anaheim Mitigated Negative Declaration and Modified
Mitigation Monitoring Plan No. 004 and the Proposed Project
Actions; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), on February 26, 2002, the
City Council, by its Resolution No. 2002R-53, and based upon the
recitals and findings therein, determined (i) that the Addendum
to the Pointe Anaheim Modified Mitigated Negative Declaration and
Modified Mitigated Monitoring Plan No. 004 were prepared in
compliance with the requirements of the California Environmental
Quality Act and the State and City of Anaheim CEQA Guidelines;
(ii) that as demonstrated by the analysis included in the
Addendum for all environmental issues, the Proposed Project
Actions will not result in new significant impacts or substantial
increases in the severity of previously identified significant
impacts and no supplemental or subsequent environmental review is
required; and (iii) that the Addendum to the Mitigated Negative
Declaration including the Modified Mitigation Monitoring Plan No.
004 are adequate to serve as the required environmental
documentation for the Proposed Project Actions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and
reports offered at said hearing, does find and determine the
following facts:
That The Disneyland Resort Specific Plan/Pointe*Anaheim
Overlay, as proposed to be amended, is consistent with
the goals, objectives and policies set forth in the
City of Anaheim General Plan Land Use Element as
demonstrated in the General Plan Consistency submitted
by the petitioner and described on pages 6-46 through
6-51, 6-53, and 6-55 through 6-67 of Attachment B
(~Amendment No. 5 to The Disneyland Resort Specific
Plan," Section 6.0 ~General Plan Consistency') of the
Staff Report to the Planning Commission dated November
19, 2001, a copy of which is on file in the Planning
Department and incorporated herein by this reference as
though set forth in full; and
That with the implementation of Modified Mitigation
Monitoring Plan No. 004, the area-wide infrastructure
will be adequate to accommodate the modified land uses
and density proposed for the Pointe Anaheim Overlay.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the
above findings, and based on the submitted documents and other
information presented as a part of the public hearing process,
the Anaheim City Council does hereby adopt General Plan Amendment
No. 2001-00393, as set forth in Exhibit A to this Resolution, to
amend the Land Use Element of the City of Anaheim General Plan as
it pertains to the Pointe Anaheim Overlay and its associated
density in the description of The Disneyland Resort Specific
Plan, to describe the Pointe Anaheim project as modified.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this~26~h-~ay of F~bruary,
MAYdR~F ~H~TY OF A~HEIM
ATTEST:
C~TY CLERK OF THE CITY OF ANAHEIM
43602.1 \smann
Exhibit A
Insert the following text between the last two paragraphs on Page lO-1 of Section ~0.0:
"General Plan Amendment" of The Disneyland Resort Specific Plan:
"General Plan Amendment No. 393, which was adopted by City Council on
, prior to the adoption of The Disneyland Resort Specific Plan
Amendment No. 5, amended the General Plan Land Use Element text to reflect
the modified Pointe Anaheim Overlay, which allows the development of the
Pointe Anaheim Lifestyle Retail and Entertainment Complex."
Amend the last paragraph which begins on Page 10--7 of Section 10. O: "Genera/Plan
Amendment" (and ends on Page '10-8) to read as follows:
"The Disneyland Resort Specific Plan also provides for the development of the
Pointe Anaheim Lifestyle Retail and Entertainment Complex pursuant to the
Pointe Anaheim Overlay at the following density and subject to the approval of
Conditional Use Permit No. 4078, as amended: up to 634,600 gross square feet
of retail/dining/entertainment uses; three to four hotels comprising 1,662 hotel
rooms/suites (of which up to 200 units can be developed as Vacation Ownership
Resort units) with approximately 282,071 gross square feet of related accessory
uses (the hotel rooms/accessory uses would encompass a maximum of
1,330,771 gross square feet) and, of that total, an approximately 133,630 gross
square foot area on the top floor of the parking structure to be used for a hotel
conference center; and a 1,949,800 gross square foot parking structure with up
to 4,800 striped parking spaces and 15 bus spaces with a 10,200 gross square
foot bus terminal/facility for airport transport and to/from sightseeing venues.
Depending on the availability of funding at the time of construction, the
conference center may be reduced in size or eliminated from the project and the
number of striped parking spaces may be reduced to 3,752 spaces. The Pointe
Anaheim Overlay encompasses District A and the portion of the Parking District
(East Parking Area)/C-R Overlay south of Disney Way."
PC2001-160
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-54 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 26th day of February, 2002, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
C~TY CLEI~"K Of ~'HE CITY OF ANAHEIM
(SEAL)