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Resolution-PC 2006-23. ~ RESOLUTION NO. PC2006-23 A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF AMENDMENT N0. 6 T0 THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 - (INCLUDING AMENDMENTS ~O THE SPECIFIC PLAN TEXT, GRAPHICS, ' ZONING ANDDEVELOPMENT STANDARDS; AND CONpITiONS OF APPROVAL) WHEREAS, on April 29, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development Standards" when the Specific Plan includes zoning regulations and development standards to be substituted for existing zoning under the Zoning Code, which "Zoning and Development Standards" shall be adopted by ordinance independent of the rest of the SpecificPlan; and : WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim : Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Pfan No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance Na 5378 relating to the establishment of Zoning and Development Standards for,The'Disneyland Resort Specific Plan No. 92-1 by the addition of Chapter 18.78 to said Code;' and : ' WHEREAS, on April 12, 1994, the City Council adopted Ordinance Na 5420 amending' Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1, which amendment established "District A," redesignated a portion (approximately 9 acres) of the Easf Parking Area to District A, and established "Zoning and Development Standards" for bistrict A; and WHEREAS, on June 20, 1995, the City Council adopted Ordinance Na 5503 amending Ordinance Nos. 5377 and 5378, as previousty amended, relating to The Disneyland Resort Specific Plan Na 92-1, Amendment No. 2, which amendment redesignated a portion (approximately 1O acres) of the ' East Parking Area to District A; and WHEREAS, on October 22, 1996, the City Council adopted Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3, which amendment encompassed modifications to The Disneyland Resort Project including a Revised Phasing Plan and modifications to the Specific Plan Guidelines and Public Facilities Plan to implement the Revised Phasing Plan; and incorporation of text and graphic modifications to the document; and WHEREAS, on July 13, 1999, the City Council adopted Ordinance No. 5689 amending Ordinance Nos. 5377 and 5378, 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 ProjecY') on approximately 29.1 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 redesignated a portion of District A(18.9 acres) and Parking District (East Parking Area)/C-R Overlay (10.2 acres) to the Pointe Anaheim Overlay; and WHEREAS, on March 19, 2002, the City Council adopted Ordinance No. 5807 amending : Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resorf Specific Plan Na 92-1, Amendment No. 5, which amendment pertained to the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim ProjecY') on approximately 29.1 acres; 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 aver time, including amendments to the Land Use Plan, the Public Facilities Plan, the Design Plan, Zoning and Development Standards, and the Conditions of Approval; and -1- PC2006-23 • • WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, LLC, submitted a request dated December 5, 2005, #hat the Planning Commission initiate General Plan Amendment No. 2005-00440, Amendment No. 6 to The Disneyland Resort Specific Plan and an amendment to Conditional Use Permit No. 4078 (including a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort Specific Plan, ` Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel and Suites property located at 1700 South Harbor Boulevard; and WHEREAS, on December 12, 2005, the Planning Commission, by motion, duly initiated General Plan Amendment No. 2005-00440, Amendmenf No. 6 to TheDisneyland Resort Specific Plan and an amendment to Conditional Use Permit Na 4078 (including,a waiver of minimum number of parking spaces) for the 8.8 acres of The Disneyland Resort SpecificPlan, Pointe Anaheim Overlay that is not under the ownership of Anaheim GW, LLC and that is further described as the Anaheim Plaza Hotel and Suitesproperty located at 1700 South Harbor Boulevard; and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, William Stone, as authorized agent for Anaheim GW, LLCG submitted applications for General Plan : AmendmentNo. 2005-00440, Amendment Na 6 to The Disneyland Resort Specific Pfan, an amendment to Conditional Use Permit Na 4078 (including a waiver of minimum number of parking spaces), a request for the City of Anaheim to enter into a Second Amended and Restated Development Agreement No. 99- 01 (Amendment No. 3 to the First Amended'and Restated Development Agreement No. 99-01) by and between the City and Anaheim GW, LLC, Tentative Parcel Map No. 2002=205 and Final Site Plan Na 2006-00002 and further, that the applicant has also submitted a request to amend the Disposition and Development Agreement by and between the City of Anaheim and Anaheim,GW, LLC which will be considered by the City Council concurrently with the above applications, all of which apptications pertain to amendments to the Anaheim GardenWalk project for the 20.3 acres of The Disneyland Resort Specific Plan, Pointe Anaheim Overlay under the ownership and/or control of Anaheim GW, LLC (the city-initiated applications and the applications submitted by Anaheim GW, LLC are hereinafter referred to as the "Proposed Project Actions"); and WHEREAS, the Anaheim GardenWalk Project area consists of approximately 29.1 acres located between Harbor Boulevard and Clementine Street, and Disney Way and KatellaAvenue; having , approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katefla Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way; and that the project area inctudes buildings at the following addresses: 1700 South Harbor Soulevard (Anaheim Plaza Hotel and Suites); and WHEREAS, proposed Amendment No. 6 to The Disneyland Resort Specific Plan No. 92- 1 encompasses text and exhibit changes throughout the Specific Plan document to reflect the Anaheim GardenWalk Project, as proposed to be modified, including amendments to the Executive Summary, Planning Context, Land Use Plan, Public Facilities Plan, Design Plan, General Plan Consistency, Zoning and Development Standards, Zoning Explanation, Conditions of Approval, and Modified Mitigation Monitoring Program; and WHEREAS, the proposed changes encompass text and exhibit changes throughout the Specific Plan document and relate to the mix and allocation of land uses, zoning standards, phasing, project layout and minor modifications to project conditions of approval and mitigation measuresto 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; and ' WHEREAS, Amendment No. 6 to the Disneyland Resort Specific Plan text and exhibits, incorporating the changes recommended for approval by the Planning Commission, are identified in Exhibit A to this Resolution and incorporated herein; and ' -2- PC2006-23 • • : VllHEREAS, the Anaheim 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 March 6, 2006, at 2:30 p.m., notice of sa+d public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapters 18.60 (Procedures) tohear and consider evidence for and against the Proposed Project Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of the information provided in the Specific Plan document and other information and evidence received during the public hearing process, and after incorporating staff's corrections and certain other revisions made during the public hearing on March 6, 2006, the Planning Commission DOES HEREBY FIND: 1. That the Anaheim GardenWalk Overlay, which is the subject of Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1, is uniquely sited adjacent to a Resort SmartStreet (Katetla Avenue), two major arterial highways (Harbor Boulevard and Disney Way) and one secondary arterial highway (Clementine Street) in the Anaheim ResortT"' and encompasses ten parcels totaling 29.1 acres' which would be enhanced by the consolidation of the parcels to develop the Anaheim GardenWalk Project in accordance with the land use and site development standards of the Anaheim GardenWalk Overlay, as proposed to be amended. 2. That as demonstrated in Section 6.0 (General Plan Consistency) of the Specific Plan document, as proposed for amendment, the Anaheim GardenWalk project, as amended is consistent with the goals and policies of the General Plan, as proposed for amendment pursuant to General Plan Amendment No. 2005-00440, and with the'purposes, standards and land use guidelines therein. 3. That Amendment No. 6 to The Disneyland Resort Specific Plan Na 92-1 results in development of desirable character inasmuch as the Anaheim GardenWalk Overlay, as proposed to be amended, provides for the same types of land uses currently permitted or conditionally permitted by The Disneyland Resort Specific Plan No. 92-1 for the project site; that the Anaheim GardenWalk Project includes the consolidation of several smaller parcels which is encouraged by the Specific Plan; that the Anaheim GardenWalk Project will provide another venue for visitors to the area, which could result in longer stays for visitors to the Anaheim ResortTM'; and that the Anaheim GardenWalk Project will provide for the development of up to 569,750 square feet of specialty retail, restaurants, and entertainment uses, 1,628 hotel rooms (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a multi-plex movie theater; a transportation center, and 4,800 parking spaces and 15 bus spaces, which will be compatible with existing, approved and proposed visitor-serving uses in the surrounding Anaheim ResortTM' area. 4. That Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 respects the environmental and aesthetic resources consistent with economic realities by providing for visual enhancement of the Anaheim GardenWalk Overlay and The Anaheim ResortTM' with the implementation of the Anaheim GardenWalk project and by fulfilling the goals and objectives of The Disneyland Resort Specific Plan by efficiently utilizing the project site to develop an integrated Lifestyle Retail and Entertainment Complex which will provide another venue for area visitors. The Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and Modified Mitigation Monitoring Plan No. 004a atso address project-related environmental impacts and provide for the feasible mitigation of said impacts. 5. That, in conjunction with the initial adoption of The Disneyland Reso~t Specific Plan on June 19, 1993, City Council adopted Resolution No. 93R-146 which included a detailed description of the Specific Plan's consistency with each of the above-noted findings; and that staff has reviewed and determined that Amendment No. 6 to The Disneyland Resort Specific Plan No. 92-1 is consistent with the above-noted findings. _ -3- PC2006-23 ~ • 6: That the applicant stipulated at the meeting on March 6, 2006 that the height of one of the icon elements would be reduced from a maximum height of 120 feet to a maximum height of 75 feet, as measured from the grade level of the sidewalk on Disney Way, and that the applicant described the icon as a subtle lighted element that slowly changes colors - CALIFORNIA ENVIRONMENTAL QUALtTY ACTFINDING: That the Anaheim Planning Commission has reviewed theProposed Project Actions,'including Amendment Na 6 to The Disneyland Resort Specific Plan No. 92-1, and did find and determine and recommend thaf the City Council find and determine by itsPlanning Commission Resolutiorr No. 2006-21, pursuant to the provisions of the Califomia En4ironmentaf Quality Act ("CEQA"),' based upon its independent review and consideration of the Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration and Mitigation Monitoring Program No. 004a conducted for the Proposed Project Actions pursuant to the requirements ofCEQA, 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 Second Addendum to the previously-approved Pointe Anaheim Initial Study and Mitigated Negative Declaration together with Mitigation Monitoring Program No. 004a, are adequate to serve as the required environmental documentation for this Amendment to The Disneyland Resort Specific Plan and satisfy all of the requirements of CEQA; and that no further environmental documentation need be prepared for this Amendment to The Disneyland Resort Specific Plan. - ' NOW, THEREFORE, BE IT RESOLVED, that pursuant to #he above findings, the Anaheim City Planning Commission does hereby recommend that the City Council, by ordinance, adopt ' Amendment No. 6 to The Disneyland Resort SpecificPlan No. 92-1 (including amendments to the Specific Plan text and graphics, zoning and development standards, and'conditions of approva{); and that the proposed amendments to the Specific Plan text and exhibits are identified in Exhibit A to this Resolution and incorporated herein; and BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions of approval set forth in Exhibit B and incorporated herein. 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approva- of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 6, 2006. Said Resolution is subject to the appeal provisions set h in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pe~taining to appe c ui'/ an ma e replaced by a City Council Resolution in the event of an appeal. ~--. CHAIRMAN, AHEIM PLANNING COMMISSION ATTEST: . . Ow~ SENIOR SE ETARY, ANAHEIM P AN COMMISSION -4- ~ • STATE OF CALIFORNIA ) : COUNTYAF ORANGE ) ss. ' CITY OF ANAHEIM ) _ I, Marie Witkay, 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 March 6, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA~ EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE - ~~W ~ITNESS WHEREOF, 1 have hereunto set my hand this ~_~ay of a~(,tiK ;'~006. _ . _ a-~-~ NI R ECRETARY, ANAHEI P ING COMMISSION