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99-134RESOLUTION N0. 99R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 359 (LAND USE ELEMENT) WHEREAS, on December 7, 1998, pursuant to Chapter 18.93 of the Anaheim Municipal Code and a request by Robert H. Shelton, representing Anaheim Center for Entertainment, LLC, the Planning Commission, by its Resolution No. PC98-192, initiated applications for General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 and Conditional Use Permit No. 4078 associated with the Pointe*Anaheim project for approximately 22.2 acres of the 29.1-acre Pointe*Anaheim project area, more specifically described as the 1.35-acre City parcel, the 9.54-acre Melodyland parcel, the 8.9-acre Pyrovest Anaheim Plaza Hotel parcel, the 1.4-acre Berger parcel and the 1- acre Ursini parcel, for the purpose of presenting the applications for study and consideration at a public hearing. Robert H. Shelton, authorized agent for the remaining 6.9 acres of the 29.1-acre project area, initiated the above-noted applications for the remaining properties; 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 WHEREAS, General Plan Amendment No. 359 has been requested to amend the Land Use Element to incorporate the Pointe*Anaheim Overlay and its associated density in the description of The Disneyland Resort Specific Plan 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: up to 565,000 gross square feet of retail/dining/entertainment uses; two to three hotels comprising 1,050 hotel 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 square feet) and an approximate 141,200 gross square foot area on the top floor of the parking structure to be used to provide parking and/or hotel amenities serving guests and patrons of the Pointe*Anaheim -1- hotels only; up to three theaters with a total of 4,600 seats for live performances or, alternatively, a 24-screen movie theater with 4,757 seats; and, a 1,600,000 gross square foot parking structure with 4,800 striped parking spaces and 25 bus spaces with provision to park an additional 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 square foot bus terminal/facility for airport transport and to/from sightseeing venues. The Pointe*Anaheim Overlay encompasses District A and the portion of the Parking District (East Parking Area)/C-R Overlay south of Disney Way"; and WHEREAS, the density currently permitted for the project site is established by the District A and C-R Overlay designations. 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. The Land Use Element 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 designations must have traffic generation characteristics less than or equivalent to the traffic generation characteristics of the permitted hotel density; and WHEREAS, based upon 75 hotel rooms per acre, a maximum of 2,182 hotel rooms are currently permitted for the project site. These rooms would have a traffic generation equivalency of 786 total peak hour trip ends, or 27 peak hour trip-ends per acre (based upon .36 peak hour trip-ends per hotel room). By comparison, the proposed Pointe*Anaheim project would have a traffic generation equivalency of 1,885 total peak hour trip ends, or approximately 65 peak hour trip-ends per acre. Inasmuch as the proposed Pointe*Anaheim project density is greater than currently allowed for the project site, a General Plan Amendment is needed and has been requested to amend the Land Use Element to incorporate the Pointe*Anaheim Overlay including the higher density associated with the Pointe*Anaheim project; and WHEREAS, the density for the site is expressed in hotel rooms or equivalent traffic generation, consistent with the intent of the Specific Plan rather than square feet or Floor Area Ratio (FAR), which is a more typical form of density expression. If the proposed project's density was expressed by FAR, the project density would be consistent with the density proposed in The Disneyland Resort Specific Plan. Based on the assumption that a hotel room would comprise approximately 750 square feet (as described in previously-certified Final EIR No. 311), the total allowable square footage onsite would be approximately -2- 1,597,500 square feet for 2,130 hotel rooms. The proposed Pointe*Anaheim uses total approximately 1,573,800 square feet, plus parking. This is a decrease in the amount of square footage that could potentially be built on the site. In other words, the project's design is not greater in square footage or massing, but the use of the property is more intensive; and WHEREAS, the petitioner has submitted an analysis of the Pointe*Anaheim project's conformance with the City of Anaheim General Plan, as proposed for amendment, included as Attachment C to the May 19, 1999 staff report, which attachment is incorporated herein. Staff has reviewed the information and believes that with the incorporation of the staff recommended modifications set forth in the May 19, 1999 staff report, as refined during the May 19, 1999 public hearing, that the proposed general plan amendment would be in conformance with the goals, objectives, and policies set forth in the City of Anaheim General Plan Land Use Element; 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 May 19, 1999, at 9:00 a.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, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports, 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 General Plan 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; and by its Resolution No. PC 99-78, said Commission made certain findings and recommended that the City Council adopt General Plan Amendment No. 359; and WHEREAS, upon receipt of said Resolutions, summary of evidence, reports of findings and recommendations of the City Planning Commission, the City Council did fix the 22nd day of June, 1999, as the time, and the City Council Chamber in the -3- Civic Center as the place for a public hearing on said proposed Amendment No. 359 and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did hold and conduct said noticed public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports to consider the Pointe*Anaheim Mitigated Negative Declaration and Mitigation Monitoring Plan No. 004, including the associated Errata, 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-O1; 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-O1, 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; and WHEREAS, 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: 1) That The Disneyland Resort Specific Plan Pointe*Anaheim Overlay is consistent with the goals, objectives and policies set forth in the City of Anaheim General Plan Land Use Element as set forth in the General Plan Consistency letter submitted by the petitioner and described in -4- _... paragraph (18) of the May 19, 1999 staff report to the Planning Commission; and 2) That with the implementation of Mitigation Monitoring Plan No. 004, the area-wide infrastructure will be adequate to accommodate the increased density associated with the Pointe*Anaheim Overlay. r 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. 359 to amend the Land Use Element of the City of Anaheim General Plan to incorporate the Pointe*Anaheim Overlay and its associated density in the description of The Disneyland Resort Specific Plan. ~' THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this L~rh day of r„i~ 1999. ~~ MA O OF T CITY OF ANAHEIM ATTEST: CITY CLERK OF HE CITY OF ANAHEIM 31309.1 -5- 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-134 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-134 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-134 was duly passed and adopted by the City Council of the City of Anaheim on July 13th, 1999. ot..~- CITY CLERK OF THE CITY OF ANAHEIM