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Resolution-PC 2009-037RESOLUTION NO. 2009-037 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATNE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENT NO. 4 TO THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM (MISCELLANEOUS CASE NO. 2009-00297) WF3EREAS, on September 20, 1994, the City Council adopted Resolution No. 94R-239 approving The Anaheim Resort Public Realm Landscape Program and making certain findings in conjunction therewith; and WHEREAS, on October 8, 1996, the City Council adopted Resolurion No. 96R-178 amending The Anaheim Resort Public Realm Landscape Program in order to provide for modifications to the streetscape landscape plans for Freedman Way, Harbor Boulevard, Walnut Street and West 5treet/Disneyland Drive; and WHEREAS, on June 22, 1999, the City Council adopted Resolution No. 99R- 137 amending The Anaheim Resort Public Realm Landscape Program in order to provide for a mid-block median break on Clementine Street between Disney Way (former Freedman Way) and Katella Avenue; and WHEREAS, on February 26, 2002, the City Council adopted Resolurion No. 2002R-56 amending The Anaheim Resort Public Rea1m Landscape Program in order to modify the landscape concept plans for Disney Way between Hazbor Boulevazd and Clemenrine Street to reflect a mid-block median island opening to permit vehicle ingress and egress to the modified Anaheim GardenWalk (former Pointe Anahenn) project; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program requesring that the program be modified to provide special criteria for the "Harbor Boulevard/Katella Avenue Intersecrion Area" to introduce special paving, sculptural urban design elements and to modify the landscape concept plan for this intersection; and WHEREAS, Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program is proposed in conjunction with General Plan Amendment No. 2008- 00470, Specific Plan Amendment No. 2008-00055, Conditional Use Permit No. 2009-05403, Variance No. 2008-004761, Public Convenience or Necessity No. 2009-00056, Final Site Plan No. 2008-00004 to construct a nine-story, 252-room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conferenca/meeting rooms and hotel offices; and WHEREAS, the proposed modifications to The Anaheim Resort Public Realm Landscape Program are shown in Exhibit "A" attached to the Resolurion and incorporated herein by this reference as if set forth in full; and PC2009-037 -1- WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevazd, on March 2, 2009, 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, to hear and consider evidence for and against said proposed project ac6ons, including Amendment No. 4 to The Anaheim Resort Public Rea1m Landscape Program, and to invesrigate and make findings and recommendarions in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing and did give al] persons interested therein an opportunity to be heazd and did receive evidence and reports, and did consider the same; and WHEREAS, the Anaheim City Planning Commission, after due consideration, inspecrion, invesrigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find that the proposed amendment would result in would promote an urban, pedestrian friendly environment at a prominent location within The Anaheim Resort (Hazbor Boulevazd and Katella Avenue) and is consistent with the intent of the Anaheim Resort Specific Plan; and WHEREAS, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declazation and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declararion reflects the independent judgment of the lead agency and that it has considered the Mirigated Negarive Declaration together with any comments received during the public review process and fuzther finding on the basis of the initial study and any comments receaved that there is no substanrial evidence that the project will have a significant efFect on the environment. NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Anaheim City Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program as described above and contained in the attached Exhibat "A". BE IT FURTHER RESOLVED that approval of Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (MIS2009-00297) is subject to approval of General Plan Amendment No. 2008-00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008-00055), Variance No. 2008-004761, Condirional Use Permit No. 2009-05403, and Final Site Plan No. 2008-00004; and BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case applicarion within 15 days of the issuance of the final invoice for this project. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocarion of the approval of this applicarion. PC2009-037 -~- THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meering of Mazch 2, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolufion in jhe event of an appeal. COMMISSION ATTEST: SENIOR S~E'CRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 Mazch 2, 2009, by the following vote of the members thereof: AXES: COMMISSIONERS: AGARWAL, BUFFA, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: EASTMAN ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 16`h day of March, 2009. SENIOR S~R$~'ARY, ANAHEIM CITY PLANNING COMMISSION PC2009-037 -3- EXIIIBIT "A" Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program 1.4 Harbor Boulevard/Katella Avenue Intersection Area The area immediately adjacent to the Hazbor Boulevazd/Katella Avenue Intersecrion is critical to the overall image of The Anaheim Resort. To promote an urban, pedestrian friendly environment at this intersecrion, the following special criteria for landscape, hazdscape and urban design elements have been created to guide future development of the parcels having frontage on both ~Iarbor Boulevard and Katella Avenue. These parcels are located within the Hazbor Boulevard/Katella Avenue Intersection Area. 1.4.1 Streetscape For pazcels having frontage on both Harbor Boulevard and Katella Avenue, the following landscape and hazdscape criteria shall apply within the Public Realm: Street trees along both Harbor Boulevard and Katella Avenue frontages shall include a double row of Date Palms. Date Palms in the second row of parkway may be provided in tree grates where special paving occurs. Where bus shelters occur, one (1) King Palm in tree grate shall be planted on each side of the bus shelter. Special pavang shall be provided at the Hazbor Boulevazd/Katella Avenue Intersection Area corners to highlight this disrinct, heavily pedestrian-traveled intersection. Special paving shall extend a maximum of two hundred feet (200') from the edge of curb retum at the corner along both Hazbor Boulevazd and Katella Avenue frontages for each parcel, or combined parcels for a single project, or extend the entire length of the frontage if the parcel/project frontage is less than two hundred feet (200'). Paving materials shall be per City standazds and be consistent on all four comers, subject to review and approval by the Planning Director and City Engineer. Sculptural urban design elements aze encouraged at each comer of the Harbor Boulevard/Katella Avenue Intersection Area, as described in Secrion 1.4? below. PC2009-037 -4- SPECIAL PAVWG START POINT AT INTERSECTION OF EXTENSION OF CURB LINES SPECIALPAVING: ALL PAVWG WITHIN THE PUBLIC REALM SHALL BE SPECIAL PAVING MATERIAL PER CITY STANDARDS ULTIMATE RIGHT OF WAY DATE PALM PALM TREE IN TREE GRATE Corne~• ofHarbor Boulevard and Katella Avenue 1.4.2 Sculptural urban design elements KING PALM TREES IN TREE GRATES ADJACENT TO BUS STOP BUS STOP - WHERE OCCURS DATE PALM TREE Sculptural urban design elements aze encouraged within the Public Realm of the pazcels that have frontages on both Hazbor Boulevard and Katella Avenue. These sculptural urban design elements aze intended to be iconic forms that identify the Harbor Boulevard/I{atella Avenue intersection as a distinctive urban environment. The design and arrangement of these elements should be unique to each corner property of the intersection in order to provide for diversity and visual interest. They can be located within the public realm providing there is adequate circulation space for pedestrians. The design of the elements may include water and ligh6ng subject to the approval of the Planning Director and City Engineer. The number of sculptural urban design elements is limited to two per street frontage. The final design is subject to review and approval by the Planning Director and City Engineer. PC2009-037 -5- NOTE: FINAL LANDSCAPE DESIGN SUBJECT TO REVIEW AND APPROVAL FROM PLANNING AND PUBLIC WORKS DEPARTMENT.