99-137RESOLUTION NO. 99R-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM
(POINTS*ANAHEIM)
WHEREAS, 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
Resolution 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 Street/Disneyland Drive; and
u WHEREAS, Robert H. Shelton, representing Anaheim
Center for Entertainment, LLC, submitted a request to the City
of Anaheim to amend The Anaheim Resort Public Realm Landscape
Program to modify the landscape concept plans for Freedman Way
and Clementine Street to reflect mid-block median island
openings in conjunction with applications for General Plan
Amendment No. 359, Amendment No. 4 to The Disneyland Resort
Specific Plan No. 92-1, Conditional Use Permit No. 4078 and
Development Agreement No. 99-O1; and
WHEREAS, the Anaheim City Planning Commission did
hold a duly noticed public hearing on May 19, 1999 to hear and
consider evidence for and against the project actions and to
investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Anaheim City Planning Commission
reviewed the proposal to amend The Anaheim Resort Public Realm
Landscape Program and by its Resolution No. PC99-77 has found
and recommended that the City Council determine that the
Mitigated Negative Declaration and Mitigation Monitoring Plan
No. 004, including the associated Errata, are adequate to serve
as the required environmental documentation for the proposed
amendment; and, further finding on the basis of the Initial
Study and the evidence presented that there is no substantial
evidence, with the imposition of the mitigation measures
identified in Mitigation Monitoring Plan No. 004, that the
amendment will have a significant effect on the environment.
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, did adopt its Resolution No. PC99-81 recommending
that the City Council amend the Anaheim Resort Public Realm
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Landscape Program to modify the landscape concept plans for
Clementine Street, consistent with the City Engineer's
recommendation, to reflect a mid-block median island opening to
provide for turns into and out of the Pointe*Anaheim project
site inasmuch as Clementine Street is the main access street to
the Pointe*Anaheim project, but not a main entry point into the
Anaheim Resort, as shown in Attachment A to this Resolution,
which is incorporated herein; and
WHEREAS, consistent with the City Engineer's
recommendation, the Planning Commission further recommended
that the request to modify the landscape concept plans for
Freedman Way to reflect a mid-block median island opening be
denied as Freedman Way is one of the primary accessways to the
Anaheim Resort from the I-5 Freeway, the median island break is
not needed to accommodate the flow of traffic to the site and
the median island break would reduce the amount of median
island landscaping and detract from the garden-like environment
that is being created in the Anaheim Resort; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council, by its
Resolution No. 99R-133, adopted the Mitigated Negative
Declaration and Mitigation Monitoring Plan No. 004, including
the associated Errata for the Pointe*Anaheim project, and
determined their adequacy to serve as the required
environmental documentation for the proposed project actions,
including General Plan Amendment No. 359, Amendment No. 4 to
The Disneyland Resort Specific Plan No. 92-1 (including
amendments to the Zoning and Development Standards, the Design
Plan and Guidelines and the Public Facilities Plan),
Conditional Use Permit No. 4078 with Waiver of Code
Requirement, Amendment to the Anaheim Resort Public Realm
Landscape Program and Development Agreement No. 99-01, based
upon a finding by the City Council that the declaration
reflects the independent judgment of the lead agency; that it
has considered the proposed MND and Mitigation Monitoring Plan
No. 004 together with any comments and responses received
during the public review process; and, further finding on the
basis of the Initial Study that there is no substantial
evidence, with the imposition of the mitigation measures
identified in Mitigation Monitoring Plan No. 004, that the
project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that, based upon the
foregoing and the information provided within the Staff Report
to the Planning Commission dated May 19, 1999, the findings set
forth in City Council Resolution No. 94R-239 and other
information, evidence and refinements received during the
public hearing process, the City Council of the City of Anaheim
hereby adopts the requested amendment to the Anaheim Resort
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Public Realm Landscape Program in order to provide for
modification to the landscape concept plan for Clementine
Street to reflect a mid-block median island opening, as set
forth in Attachment No. 1, which is incorporated herein by this
reference.
BE IT FURTHER RESOLVED that, except as expressly
amended herein, Resolution No. 94R-239, shall remain in full
force and effect.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 22nd day of June
1999.
MA OR OF THE CITY OF NAHEIM
ATTEST•
CITY CLERK OF THE CITY OF ANAHEIM
31306.1
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-137 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 13th day of July, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-137 on the 13th day of July, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 13th day of July, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-137 was duly passed and adopted by the City Council of the
City of Anaheim on June 13th, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
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