RES-2007-161RESOLUTION NO.2007 -161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, JUNE 3, 2008, FOR THE SUBMISSION TO
THE VOTERS OF THE CITY OF ANAHEIM OF A
REFERENDUM MEASURE RELATING TO ANAHEIM CITY
COUNCIL RESOLUTION NO. 2007-053 APPROVING ANAHEIM
GENERAL PLAN AMENDMENT NO. 2006 00448; AND
REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO CONSOLIDATE SAID ELECTION
WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD
ON THAT SAME DATE PURSUANT TO SECTION 10403 OF
THE ELECTIONS CODE OF THE STATE OF CALIFORNIA
WHEREAS, under the provisions Section 1303 of the Anaheim City Charter and
Section 9237 of the Elections Code of the State of California, a referendum petition has been
submitted to the City of Anaheim, and has been certified by the City Clerk in accordance with
applicable provisions of law, relating to General Plan Amendment No. 2006 -00448 as heretofore
approved by the City Council of the City of Anaheim by the adoption of its Resolution No. 2007 -053
on April 24, 2007; and
WHEREAS, the City Council has not repealed General Plan Amendment No. 2006-
00448 and, therefore, in accordance with the requirements of Section 9241 of the Elections Code of
the State of California is required to call and hold an election for the consideration of said General
Plan Amendment No. 2006 -00448 by the voters of the City of Anaheim; and
WHEREAS, the City Council desires to call and hold a special municipal election
for the consideration of General Plan Amendment No. 2006 -00448 by the voters of the City of
Anaheim on the date and in the manner hereinafter provided; and
WHEREAS, it is desirable that the special municipal election be consolidated with
the statewide primary election to be held on June 3, 2008, and that within the City the precincts,
polling places and election officers of the two elections be the same, and that the county election
department of the County of Orange canvass the returns of the special municipal election and that
the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
1
SECTION 1.
That pursuant to the provisions of Section 1303 of the Anaheim City Charter, and
Section 9241 of the Elections Code of the State of California, there is hereby called and ordered to
be held in the City of Anaheim, California, on Tuesday, June 3, 2008, a special municipal election
for the purpose of submitting to the voters at such election the following question:
Shall Anaheim City Council Resolution No. 2007 -053
approving an amendment to the Anaheim General Plan
authorizing a totally- residential development on a
designated 26.7 -acre site within the Anaheim Resort,
fifteen percent of which development must be composed
of rental units affordable to low or very -low income
households, be adopted?
YES
NO
SECTION 2.
That the complete text of Anaheim City Council Resolution No. 2007 -053 approving
General Plan Amendment No. 2006 -00448 is attached as Exhibit A hereof and is incorporated herein
by this reference.
SECTION 3.
That pursuant to the requirements of Section 10403 of the Elections Code of the State
of California, the Board of Supervisors of the County of Orange is hereby requested to consent and
agree to the consolidation of said special municipal election with the statewide primary election to
be held on Tuesday, June 3, 2008.
SECTION 4.
That the County election department is authorized to canvass the returns of the special
municipal election. The election shall be held in all respects as if there were only one election, and
only one form of ballot shall be used.
SECTION 5.
That the Board of Supervisors is requested to issue instructions to the County
elections department to take any and all steps necessary for the holding of the consolidated election.
SECTION 6.
That the City of Anaheim recognizes that additional costs will be incurred by the
County by reason of this consolidation and agrees to reimburse the County for any such costs.
2
That the City Clerk is hereby directed to file a certified copy of this resolution with
the Board of Supervisors and the County elections department of the County of Orange.
That the City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 21st day of August, 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring
NOES: Council Member Galloway
ABSENT: NONE
ABSTAIN: NONE
ATTEST
65822.2
SECTION 7.
SECTION 8.
411 A
CLERK OF THE4 A NAHEIM
3
EXHIBIT A
RESOLUTION NO. 2007 -053
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING GENERAL PLAN
AMENDMENT NO. 2006- 00448, PERTAINING TO
THE LAND USE ELEMENT.
WHEREAS, the Anaheim City Council adopted the Anaheim General Plan by
Resolution No. 69R -644, showing the general description and extent of possible future development
within the City; and
WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95,
adopted a comprehensive update to the General Plan for the City of Anaheim; and
WHEREAS, on August 22, 2006, the City Council approved a Mitigated Negative
Declaration (the "Mitigated Negative Declaration for, and by its Resolution No. 2006 -206,
approved General Plan Amendment No. 2006 00442, amending the Land Use Element of the
General Plan to provide opportunities for the development of residential units when fully- integrated
within a minimum 300 -room full- service hotel within certain areas of the Anaheim Resort Specific
Plan No. 92 -2, as shown on Exhibit "A" attached to Resolution No. 2006 -206 "Amendment No.
7 and
WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code,
on August 22, 2006, the City Council initiated minor modifications to Amendment No. 7 through the
initiation of General Plan Amendment No. 2006 -00448 and Amendment No. 8 to The Anaheim
Resort Specific Plan No. 92 -2, to (i) amend the Commercial Recreation land use designation
description in the Land Use Element of the General Plan, and (ii) modify the Zoning and
Development Standards pertaining to the Anaheim Resort Residential (ARR) Overlay Zone, to allow
for wholly residential development on designated properties within the ARR Overlay, as shown on
Attachment "A" to Ordinance No. 6058 when such development includes rental housing that is
affordable to very -low and low income households (collectively, "Amendment No. 8 and
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions
of the General Plan may be amended whenever the public necessity and convenience and the general
welfare require such amendment when adopted by a resolution of the City Council in the manner
prescribed by law; and
WHEREAS, General Plan Amendment No. 2006 -00448 proposes to amend the Land
Use Element of the General Plan, as follows:
(a) Amend "Table LU-4: General Plan Density Provisions for
Specific Areas of the City" of the Land Use Element of the
General Plan as shown on Attachment No. 1 attached hereto and
incorporated by this reference.
(b) Change the description of Commercial Recreation land use
designation in the Land Use Element of the General Plan to read as
follows:
"Commercial Recreation
The Commercial Recreation land use designation applies to The
Anaheim Resort. The designation is intended to provide for tourist
and entertainment related industries, such as theme parks, hotels,
tourist oriented retail, movie theaters, and other visitor serving
facilities. The Commercial Recreation designation is implemented
by various Specific Plan Zones in The Anaheim Resort, which
further define the maximum development intensities within this
area. In addition, in targeted areas within The Anaheim Resort,
residential uses are (i) allowed by conditional use permit when
such uses are fully integrated into a minimum 300 -room full
service hotel, or (ii) allowed as a Master Planned Development
when such uses are developed on designated properties subject to
the affordability requirements of the Anaheim Resort Residential
(ARR) Overlay."
WHEREAS, in connection with proposed Amendment No. 8, the City has reviewed
the Mitigated Negative Declaration and has also undertaken an analysis, and determined that neither
Amendment No. 8 nor the circumstances under which Amendment No. 8 will be undertaken will
result in any substantial changes from Amendment No. 7 resulting in any new significant
environmental impacts or a substantial increase in the severity of any previously identified
significant effects from those identified in the Mitigated Negative Declaration, or that new
information of substantial importance, which was not known when the Mitigated Negative
Declaration was adopted, has come to light; and such analysis and determination is documented in
the Addendum to the Mitigated Negative Declaration on file with the City and attached to the staff
agenda report regarding proposed Amendment No. 8 and which is incorporated herein by reference
as if set out in full; and
WHEREAS, on January 22, 2007, the Planning Commission held a public hearing
concerning Amendment No. 8 and the Addendum to the Mitigated Negative Declaration, (hereafter
the "Addendum and took action both to recommend that the City Council find the Addendum to
be sufficient to analyze any potential significant environmental effects of Amendment No. 8, and to
disapprove Amendment No. 8, subject to any appeal or Council request for review; and
WHEREAS, on January 30, 2007, the Planning Commission's decision was set for
review by two members of the City Council pursuant to Anaheim Municipal Code Sections
18.60.130, 18.68.050 and 18.72.040; and
2
WHEREAS, on February 13, 2007, the City Council voted on Amendment No. 8, and
such vote resulted in a 2 -2 tie on the matter in part because Councilmember Lucille King abstained
due to a question regarding a possible conflict of interest; and
WHEREAS, on February 20, 2007, the City received a request from SunCal
Companies that the Council rehear Amendment No. 8 pursuant to Anaheim Municipal Code section
1.12.100 "SunCal Rehearing Request and
WHEREAS, on March 20, 2007, after the Fair Political Practices Commission issued
a formal Advice Letter concluding that Councilmember Lucille Kring did not have a conflict of
interest precluding her participation in the proceedings relating to Amendment 8, the City Council
voted to accept the SunCal Rehearing Request and notice a public hearing on April 24, 2007
pursuant to Anaheim Municipal Code sections 1.12.100, 1.12.099, 18.68.060, 18.72.060, to consider
the proposed Minor Project Modifications; and
WHEREAS, at a duly noticed public hearing on April 24, 2007, the City Council
reviewed Amendment No. 8, the Mitigated Negative Declaration and Addendum, considered the
recommendations of the Planning Commission with respect to Amendment No. 8, and considered all
public testimony submitted regarding these matters; and
WHEREAS, the City Council does find and determine that General Plan Amendment
No. 2006 00448, as described above, should be approved, and that the evidence presented shows that
all of the conditions exist as set forth in Subsection .030 of Section 18.68.050 of the Anaheim
Municipal Code as follows:
1. The proposed amendment maintains the internal consistency of the General
Plan, based upon the evidence presented in connection with the consideration of Amendment 8 and a
review of the goals, policies, programs and plans in the Anaheim General Plan, which is
incorporated herein by this reference;
2. That the proposed amendment would not be detrimental to the public interest,
health, safety, convenience or welfare of the City, based upon the evidence presented in connection
with Amendment 8, the Anaheim General Plan, and the Mitigated Negative Declaration and
Addendum;
3. That the proposed amendment would maintain the balance of land uses within
the City, based upon the evidence presented in connection with the consideration of Amendment 8
and a review of the Anaheim General Plan; and
4. That the subject property is physically suitable to accommodate the proposed
modification, including but not Iimited to, access, physical constraints, topography, provision of
utilities, and compatibility with surrounding land uses, based upon the evidence presented in
connection with the consideration of Amendment 8 and the Mitigated Negative Declaration and
Addendum.
3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
approved.
ATTEST:
SECTION 1.
In Resolution No. 2°974)5 2 the City Council has heretofore determined in accordance
with Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162, 15164,
15168 and 15378 that Amendment No. 8, consisting of General Plan Amendment No. 2006 -00448
and Amendment No. 8 to The Anaheim Resort Specific Plan No. 92 -2 is covered by the Mitigated
Negative Declaration and Addendum, and that no further environmental documentation or findings
are required in connection with the consideration of General Plan Amendment No. 2006 -00448 and
Amendment No. 8 to The Anaheim Resort Specific Plan No. 92 -2 In this regard, the City Council
finds that the Mitigated Negative Declaration and Addendum thereto reflect the independent
judgment of the City Council as the lead agency for Amendment No. 8; and that the City Council
has considered the Mitigated Negative Declaration and Addendum thereto, all comments received on
such Mitigated Negative Declaration and Addendum, and all responses to such comments, prior to
taking action on General Plan Amendment No. 2006 00448.
SECTION 2.
That Amendment No. 2006 -00448 to the General Plan be, and the same is hereby,
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 24th day of Apr i 1 2007, by the following roll call vote:
AYES: Council Members Hernandez, Galloway, Kring
NOES: Mayor Pringle, Council Member Sidhu
ABSENT: NONE
ABSTAIN: NONE
ITY CLERK OF
65207.v 1 /MGordon
OF ANAHEIM
CITY OF ANAHEIM
By
MAYOR OF THE CITY OF ANAHEIM
Mayor Pro Tem
4
TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY
Location
General Plan Land Use Designations
Permitted Density
The Mountain Park
Area
Low Medium Hillside Density
Residential
(Up to 6 du /ac)
Low Medium Density Residential
(Up to 16 du /ac)
485
2,015
(Up to 2,500 dwelling units)
Area "A"
(Parcel Map
94 -205)
Low Medium Density Residential
Up to 140 dwelling units
The Disneyland
Resort Specific Plan
(SP92 -1) Area
Commercial Recreation
See Note No. 1 on next page.
The Anaheim
Resort® Specific
Plan (SP92 -2) Area
Commercial Recreation
See Note No. 2 on next page.
Hotel Circle Specific
Plan (SP93 -1) Area
Commercial Recreation
The Hotel Circle Specific Plan allows for a
master planned hotel project including up to
969 hotel rooms and integrated guest
oriented amenities including full- service
restaurants, conference room /banquet
facilities, pool and spa areas, tour
bus /shuttle facilities, and pedestrian
promenades and plaza areas with
comprehensive landscaping.
The Platinum
Triangle Area
Mixed -Use
Office High and Office Low
Up to 9,500 dwelling units at densities up to
100 dwelling units per acre; up to 3,265,000
s.f. of office development at maximum FAR
of 2.00; and, up to 2,254,400 s.f. of
commercial development at a maximum
FAR of 0.40.
Up to 1,735,000 s.f. of office development
at a maximum FAR of 2.0 for properties
designated Office -High and a maximum
FAR of 0.50 for properties designated
Office -Low.
The Stonegate
Development Area
Low Density Residential
Up to 35 dwelling units
Attachment No. 1
5
TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY
(CONTINUED)
Note No. 1: The Disneyland Resort Specific Plan provides for the development of an approximate 489.7 acre intemational
multi -day vacation designation resort including ongoing modifications to the Disneyland theme park, the development of a
new theme park, additional hotels and entertainment areas, administrative office facilities, new public and private parking
facilities, and an internal transportation system. This development is within five planning Districts (Theme Park, Hotel,
Parking, Future Expansion and District A) and a C -R Overlay, which allows development within the Overlay to either be
consistent with the underlying Resort District or subject to the same land uses as in the Anaheim Resort Specific Plan No.
92 -2 Zone. The Disneyland Resort Specific Plan also identifies maximum development density designations for hotel /motel
development in the Hotel District (up to 5,600 hotel rooms for the entire District with up to 1,000 hotel rooms transferable to
the Theme Park District), in District A (the maximum number of units permitted would be 75 hotel /motel rooms per gross
acre or 75 hotel /motel rooms per parcel existing on June 29, 1993, whichever is greater) and the C -R Overlay (the
maximum number of units permitted on a parcel would be the following: 1) for parcels designated Low Density up to 50
hotel rooms per gross acre or 75 rooms, whichever is greater; and 2) for parcels designated Medium Density up to 75
hotel rooms per gross acre or 75 rooms, whichever is greater; provided that for those parcels that are developed with
hotel/motel rooms which exceeded the maximum density designation, the number of rooms existing on the date of adoption
of The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density.) It should be noted
that accessory uses may be developed as well as other visitor serving commerciallretail and restaurant uses along with
these hotel/motel uses. The Disneyland Resort Specific Plan also provides for the development of the Anaheim
GardenWalk project pursuant to the Anaheim GardenWalk Overlay at the following density and subject to the approval of
Conditional Use Permit No. 4078, as amended, to permit the following: up to 569,750 square feet of specialty retail,
restaurants, and entertainment uses, including movie theaters; 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. The
Anaheim GardenWalk Overlay encompasses District A and the portion of the Parking District (East Parking Area) /CR
Overlay south of Disney Way.
Note No. 2: The Anaheim Resort Specific Plan provides for the development of approximately 582 acres within the C -R
(Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well as
restaurants, retail shops and entertainment facilities; the PR (Public Recreation) District which encompasses the Anaheim
Convention Center and associated parking facilities and provides for the orderly use of City -owned property as well as the
existing Anaheim Hilton Hotel; the Mobilehome Park (MHP) Overlay which encompasses existing mobilehome parks within
the C -R District and provides development standards for mobilehome parks and regulations and procedures to mitigate
relocation concerns and adverse effects of displacement upon mobilehome owners when a park is converted to another
land use; and, the Anaheim Resort Residential Overlay, which applies to focused areas of the Specific Plan and provides
for the incorporation of (i) residential uses into hotel developments when such uses are fully integrated into a minimum 300
room full -service hotel, or (ii) wholly- residential uses on designated properties that meet the affordability requirements of the
Anaheim Resort Residential Overlay. The Anaheim Resort Specific Plan also identifies maximum development density
designations in the C -R District. These designations are based upon hotel/motel development and allow up to 20% of each
hotel /motel project gross square footage, excluding parking facilities, to be developed with integrated (i.e., included within
the main hotel/motel complex) accessory uses. These accessory uses will reduce the otherwise maximum permitted
hotel /motel density at the rate of one hotel/motel room per six hundred (600) gross square feet of accessory use. For
properties proposed to be developed with permitted and conditionally permitted uses other than hotels/motels with
accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the otherwise
permitted hoteUmotel (including accessory uses) density as determined by the City Traffic and Transportation Manager prior
to Final Site Plan review and approval. The density designations are as follows: "Low Density,* which has a maximum
density of up to 50 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; "Low Medium Density," up to
75 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; "Medium Density," up to 100 rooms per gross
acre or 75 rooms per lot or parcel, whichever is greater; and, "Convention Center (CC) Medium Density," up to 125 rooms
per gross acre with trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre, or 75 rooms per
lot or parcel, whichever is greater. For those parcels that are developed with hotel/motel rooms which exceed the maximum
density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan Ordinance
may be rebuilt or modified at their existing density. For projects that are developed in accordance with the Anaheim Resort
Residential Overlay, (i) the maximum number of dwelling units allowed shall be less than the number of hotel rooms
proposed and such projects shall not create infrastructure impacts greater than the subject property's permitted hotel/motel
density, as permitted by the property's underlying C -R District density designation unless otherwise mitigated through
subsequent environmental analysis, or (ii) if the residential uses are on designated properties, properties shall meet the
affordability requirements of the Anaheim Resort Residential Overlay and shall not result in infrastructure impacts greater
than those associated with the subject property's hoteUmotel density, as allowed by the property's underlying C-R District
density designation, unless such impacts are duly analyzed and mitigated pursuant to subsequent environmental review.
6