Resolution-PC 2005-160• •
RESOLUTION NO. PC2005-160
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 99R-136
AS AMENDED BY RESOLUTION NOS. 2002R-57 AND 2004R-253,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0. 4078
(ANAHEIM GARDENWALK)
WHEREAS, on June 22, 1999, the Anaheim City Council did, by its Resolution No. 99R-
136, grant Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and
Entertainment Complex consisting of up to 565,000 gross square feet of retail/dining/entertainment uses
two to three hotels comprising 1,050 rooms/suites with approximately 86,985 gross square feet of related
accessory uses (the hotel rooms/accessory uses would encompass a maximum of 923,800 gross sq.ft.)
and an approximately 141,200 gross sq. ft. area on the top floor of#he parking structure to be used to
provide parking and/or hotel amenities serving guests and patrons of the Pointe Anaheim hotels only; up
to three #heaters with a total of 4,600 seats for live performances or, alternatively, a 24-screen movie
theater with 4,757 seats; a 1,600,000 gross'sq.ft. parking structure with 4,800 striped parking spaces and
25 bus spaces with provision to park an additionai 400 vehicles, which would bring the total number of
vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross sq.ft. bus
terminal/facility for airport transport and to/from sightseeing venues, and waiver of the minimum number
of parking spaces (7,668 spaces required, 4,800 striped spaces proposed with provision for an additional
400 vehicles which would bring the total number of vehicles that can be accommodated in the parking
structure to 5,200); with development of the project to take place in a single phase; and :
WHEREAS, on February 26, 2002, the Anaheim City Council did, by its Resolution No.
2002R-57, amend Conditional Use PermitNo. 4078 to permit the Pointe Anaheim Lifestyle Retail and
Entertainment Complex consisting of up to 634,700 gross sq. ft. of retail/dining/entertainment uses (which
includes a 94,000 sq.ft. aquarium); up to four hotels comprising a maximum of 1,662 hotel rooms/suites
(of which up to 200 units may be Vacation Ownership Resort units) with approximately 322,071 gross sq.
ft. of related accessory uses, of which up to 178,120 gross sq. ft on top of the parking structure may be
used for a hotel conference center (the hotel rooms/suites and accessory uses would encompass a '.
maximum of 1,370,711 gross sq. ft.); and, a 1,949,800 gross sq. ft. parking structure with up to 4,800
striped parking spaces and 15 bus spaces with a 10,200 sq. ft. bus terminal/facility for airport transport
and to/from sightseeing venues; with the proposed development taking place in up to five phases; and,
with a waiver of the minimum number of parking spaces (6,581 spaces required, up to 4,800 spaces in
the parking structure proposed at full project buildout); and, that said Resolution No. 2002R-57 contains
certain conditions of approval, including paragraph A of Condition No. 68 which pertains to the
commencement date of the Initial Development Phase, as follows
68-A. The property owner/developer shall obtain approval of Final Site Plans, obtain the
appropriate building and other permits, and commence construction of the Initial Phase
within a period of three (3) years from the date of this resolution.
WHEREAS, on December 14, 2004, the Anaheim City Council did, by its Resolution No.
2004R-253, amend Conditional Use Permit No. 4078 to amend Condition No. 68 therein to read as
follows
68. That the Pointe Anaheim project shall be developed in up to five (5) development
phases, as shown on Exhibit No. 1, titled `Phasing Diagram" and dated November 19,
2001, as follows
A. The property owner/developer shall obtain approval of Final Site Plans,
obtain the appropriate building and other permits, and commence
construction of the Initial Phase on or beforeFebruary 26, 2006.
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B. The property owner/developer shall complete the construction of and open the
improvements"comprising the Initial Phase within a period of two (2) years after
commencement of construction of the Initial Phase. "Opening" of the
improvements shall be defined as the opening of at least seventy-five percent
(75%) of the total square footage of the uses within the underlying phase.
C. Following the Initial Phase, the property owner/developer shall use reasonable
commercial efforts to commence construction of subsequent development
phases within approximately two (2) years, but in no event later than four (4)
years, following the opening of the previous phase, provided the timing of each
subsequent phase will depend primarily on market demand at the time, the
availability of project financing, and acquisition of land for the proposed uses.
D. The property owner/developer shall complete the construction and open the
improvements comprising each subsequent development phase within a period
of two (2) years after the building permits for said phase were issued; provided,
however, that the final developmenf phase shall commence construction within a
period of ten (10) years from the date of this resolution.
Extensions for further time to comply with these conditions may be granted in
accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of
Approval) of Chapter 18.60 (Procedures) of theAnaheim Municipal Code.
WHEREAS, the 29.1-acre project site is vacant with the exception of 8.8 acres af 1700
South Harbor Boulevard which is developed with the Anaheim Plaza Hotel and Suites; that the site is
zoned SP92-1 (The Disneyland Resort Specific Plan Na 92-1) consisting of District A/Pointe Anaheim
Overlay (18.9 acres) and Parking District (East Parking Area)/C-R Overlay/Pointe Anaheim Overlay (10.2
acres)); and that the site is located in The Anaheim Resort and is designated for Commercial Recreation
land uses by the Anaheim General Plan; and
WHEREAS, the petitioner has submitted a letter requesting an extension of one year until
February 26, 2007 to commence construction of the Initial Development Phase of the Anaheim
GardenWalk project; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 12, 2005 at 2:30 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
18.60 (Procedures), to hear and consider evidence for and against the proposed amendment to the
conditional use permit and to investigate and make findings and recommendations in connection
therewith.
WHEREAS, said Commission, 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:
1. That the proposed amendment to the conditions of approval is properly one that is
authorized by Anaheim Municipal Code Section 18.60.190 (Amendment of Permit Approval) of Chapter
18.60 (Procedures) and Section 18.66.070 (Procedures) of Chapter 18.66 (Conditional Use Permits).
2. That the use, as amended to extend the commencement date of the Initial Development
Phase, is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code.
3. That the use, as amended to extend the commencement date of the Initial Development
Phase, will not adversely affect the adjoining land uses or the growth and development of the area in
which it is proposed to be located (this amendment does not change the Anaheim GardenWalk project, it
only extends the commencement date of the Initial Phase of development for one year).
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4. Thaf the size and shape of the site proposed for the use, as amended to extend the
commencement date of the Initial Development Phase, is adequate to allow full development of the use in
a manner not detrimental to the particular area or to health and safety (this amendment does not change
the Anaheim GardenWalk project, it only extends the commencement date of the lnitial Phase of
development for one year).
, 5. That the traffic generated by the proposed use, as amended to extend the
` commencement date of the Initial Development Phase, will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area (this amendment does not change
the Anaheim GardenWalk project, it only extends the commencement date of the Initial Phase of
development for one year).
6. That amending this conditional use permit, under the conditions imposed including the
amendment to the conditions of approVal to extend the commencement date of the lnitial Development
Phase, will not be detrimental to the health and safety of the citizens of the City ofAnaheim (this' ,
amendment does not change the Anaheim GardenWalk project, it only extends the commencement date
of the Initial Phase of development for one year).
7. That no one indicated their presence at said public hearing in opposition; and that no
' correspondence was received in opposition to the subject petition. -
WHEREAS, the Anaheim'City Planning Commission has reviewed the proposed action
and has found and determined that the Addendum to the Pointe Anaheim Initial Study and Mitigated
Negative Declaration, including Modified Mitigation MonitoringPlan No. 004, which was previously
approved by the City Council on February 26, 2002, in connection with the first Amendment to Conditional
Use Permit No. 4078, is adequate to serve as the required environmental documentation for the proposed
actions and satisfies all of the requirements of CEQA; and further finding that there is no substantial
evidence, with the imposition of the mitigation measures identified in Modified Mitigation Monitoring
Program No. 004, that the proposed action will have a significant effect on the environment; and that no
further environmental documentation need be prepared for the proposed action.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Condition No. 68 of Resolution No. 99R-136, as amended by Resolution Nos.
2002R-57 and 2004R-253, and adopted in connection with Conditional Use Permit No. 4078, to read as
follows:
68. That the Pointe Anaheim project shall be developed in up to five (5) development
phases, as shown on Exhibit No. 1, titled "Phasing Diagram" and dated November 19,
2001, as follows:
A. The property owner/developer shall obtain approval of Finat Site Plans, obtain
the appropriate building and other permits, and commence construction of the
Initial Phase on or before February 26, 2007.
B. The property owner/developer shall complete the construction of and open the
improvements comprising the Initial Phase within a period of two (2) years after
commencement of construction of the Initial Phase. "Opening" of the
improvements shall be defined as the opening of at least seventy-five percent
(75%) of the total square footage of the uses within the underlying phase.
C. Following the Initial Phase, the property owner/developer shall use reasonable
commercial efforts to commence construction of subsequent development
phases within approximately two (2) years, but in no event later than four (4)
years, following the opening of the previous phase, provided the timing of each
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subsequent phase will depend primarily on market demand at the time, the
availability of project financing, and acquisition of land for the proposed uses.
D. The property owner/developer shall complete the construction and open the
improvements comprising each subsequent development phase within a period
of two (2) years after the building permits for said phase were issued; provided,
however, that the final development phase shall commence construction within a
period of ten (10) years from the date of this resolution.
Extensions for further time to comply with these conditions may be granted in
accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of
Approval) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code. :
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of thisResolution is expressly predicated upon applicanYs compliance
with each and all of the conditions adopted in connection with Conditional Use Permit No. 4078. Should
any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any
court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be
deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of '
December 12, 2005. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal ~ed and ay laced by a
City Council Resolution in the event of an appeaL
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CHAIRMAN, NAH M PLANNING COMMISSION
ATTEST:
/~~ ~~v~~'
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning :
Commission held on December 12, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~R. ~+ u ~t.r y , 2006.
.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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