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Resolution-PC 2018-036RESOLUTION NO. PC2018-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ADOPT AMENDMENT NO. 15 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (DEV2016-00114) (1411 AND 1441 SOUTH MANCHESTER AVENUE) 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 Specific Plan; and WHEREAS, the City Council of the City of Anaheim adopted the Anaheim Resort Specific Plan No. 92-2 ("ARSP No. 92-2" or "Anaheim Resort Specific Plan") on September 27, 1994, to provide a long range, comprehensive plan for future development of approximately 549 - acres within The Anaheim Resort. The Specific Plan includes zoning and development standards, design guidelines and a public facilities plan, and permits the development of hotel/motel, convention, retail and other visitor -serving uses; and WHEREAS, in connection with the adoption of ARSP No. 92-2, the City Council certified Environmental Impact Report No. 313, with a Statement of Findings and a Statement of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to ARSP No. 92-2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67 -acre parcel into the ARSP No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the ARSP No. 92-2, a request to amend the zoning and development standards to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Anaheim City Planning Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant at the January 26, 1999, City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local street status of Convention Way; and WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance Nos. 5454 relating to Amendment No. 3 to ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating a 0.73 -acre parcel into the ARSP No. 92-2 Zone; and -1- PC2018-036 WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement for properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the ARSP Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary parking requirements; and WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non -conforming building; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5920, amending Title 18 of the Anaheim Municipal Code in its entirety. Said amendment included Amendment No. 4 to the ARSP No. 92-2, which renumbered the codification of the Zoning Development Standards set forth in Chapter 18.48 to Chapter 18.116 and made modifications to said chapter intended to streamline the project review process; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5454 relating to Amendment No. 5 to the ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92-2 Zone; and WHEREAS, on February 8, 2005, the City Council adopted Ordinance No. 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of mini-market/convenience markets as accessory uses in conjunction with a relocated service station and prohibition of tow truck operations in conjunction with service station facilities; and WHEREAS, on August 22, 2006, the City Council adopted Ordinance No. 6031, amending Ordinance No. 5453, relating to Adjustment No. 5 to the ARSP No. 92-2, which amended the Zoning Development Standards in its entirety to provide consistent formatting with Title 18 of the Anaheim Municipal Code along with minor modifications and clarifications; and WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels within targeted areas; and WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058 amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92-2, which amendment relates to modifications to the Zoning and Development Standards pertaining to development criteria for wholly -residential development within the ARR Overlay on a designated 26.7 acre site within the ARSP Area; and -2- PC2018-036 WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6099 amending Ordinance No. 5453 relating to Amendment No. 9 to the ARSP No. 92-2, to repeal modifications to the Zoning and Development Standards, previously approved by Amendment No. 8 to the ARSP No. 92-2; and WHEREAS, on February 20, 2008, Anaheim City Planning Commission approved Specific Plan Amendment No. 10 to the ARSP No. 92-2 to construct a mixed use project consisting of a 105 -room hotel on the western 1.5 -acre portion of the project site adjacent to Harbor Boulevard, and a 191 -unit, condominium complex, including nine live/work units, on the eastern 3.3 -acre portion of the project site and the petition was subsequently withdrawn by the applicant; and WHEREAS, on March 4, 2008, City Council adopted Ordinance No. 6098 amending Ordinance No. 5453 relating to Amendment No. 11 to the ARSP No. 92-2 and to amend the General Plan to generally prohibit residential development within The Anaheim Resort unless such a project included environmental and economic analysis, city council approval and voter approval at a city election; and WHEREAS, on October 14, 2008, City Council adopted Ordinance No. 6117 amending Ordinance No. 5453 relating to Amendment No. 12 to the ARSP No. 92-2 to redesignate a 5.9 acre, "L" -shaped property at Ball Road and Walnut Street from Low -Density to Medium Density to develop a 120 -room hotel; and WHEREAS, on April 14, 2009, City Council adopted Ordinance No. 6141 amending Ordinance No. 5453 relating to Amendment No. 13 to the ARSP No. 92-2 to create a new density category for the Commercial Recreation (C-R) District, called "Low Medium Density (Modified), modified Central Core and Special Intersection Landscape Treatment to allow special landscape and hardscape treatments at the corner of Harbor Boulevard and Katella Avenue; modified the sign code to allow a greater number and larger signs than currently permitted for hotels and accessory retail; allowed changeable copy signs for hotels when not visible from any public right-of-way, murals, and building integrated multi -tenant signs subject to approval of a conditional use permit; and WHEREAS, on June 5, 2012, City Council adopted Ordinance No. 6245 amending Ordinance No. 5453 relating to Adjustment No. 6 to the ARSP No. 92-2 to modify Code references and terminology for Restaurants with Outdoor Dining, Restaurants with Accessory Entertainment, Dance Venues, Massage Establishments, Amusement Devices, Amusement Arcades and Health Clubs to be consistent with Chapters 18.16 (Regulatory Permits) and 18.92 (Definitions) of Title 18 (Zoning Code); and, WHEREAS, on January 15, 2013, City Council adopted Ordinance No. 6265 approving Amendment No. 14 to the ARSP, amending portions of Chapter 18.116 of Title 18 of the Anaheim Municipal Code, in order to permit the maximum buildout of the Anaheim Resort Specific Plan area by up to 406,359 square feet of convention center space, 180,000 square feet of commercial development, 900 hotel rooms, and 40,000 square feet of hotel meeting/ballroom space. Prior to approving Amendment No. 14, the City Council, by Resolution No. 2012-158, on December 18, 2012, certified Final Supplemental Environmental Impact Report No. 2008-00340 ("FSEIR No. 340"), adopting Findings and a Statement of Overriding Considerations, adopting Mitigation Monitoring Program 85C, and a Water Supply Assessment to serve as the required environmental documentation for this request; and -3- PC2018-036 WHEREAS, on March 3, 2015, the City Council adopted Ordinance No. 6317, approving Adjustment No. 7 to the ARSP to amend Chapter 18.116, Table 116-C (Primary Uses and Structures: C-R District (Development Area 1) of Section 18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1)) to prohibit "Computer Internet and Amusement Facilities," in conjunction with a City-wide prohibition; and. WHEREAS, on October 18, 2016, the City Council adopted Ordinance No. 6382, approving Adjustment No. 8 to the ARSP to amend Chapter 18.116.030 (Definitions) to include a definition for "Concierge Lounge," Table 116-C (Primary Uses and Structures: C-R District (Development Area 1), Table 116-D (Accessory Uses and Structures Integrated With a Permitted Primary Use: C-R District (Development Area 1)) and Table 116-E (Accessory Uses Incidental to and Integrated Within a Hotel or Motel Including Suite -Type Hotels, and Otherwise Limited Herein: C-R District (Development Area 1)) of Section 18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92- 2) Zoning and Development Standards) of Title 18 (Zoning) to include (1) "Concierge Lounges" as a permitted accessory use; (2) "Alcoholic Beverage Manufacturing" as a permitted and conditionally permitted use subject to the requirements of Section 18.38.025; and (3) "Transitional and Supportive Housing" as a prohibited use in conjunction with a City-wide Zoning Code Update; and WHEREAS, on April 10, 2018, the City Council adopted Ordinance No. 6432, approving Adjustment No. 9 to the ARSP to amend Table 116-D (Accessory Uses and Structures Integrated with a Permitted Primary Use: C-R District (Development Area 1)) to permit Valet Parking as an accessory use, subject to approval of a minor conditional use permit; and WHEREAS, the Proposed Project identified as Amendment No. 15 to the Anaheim Resort Specific Plan, would create a new density category for the Commercial Recreation (C-R) District, called "Medium Density (Modified)" to redesignate certain real property situated in The Anaheim Resort area of the City of Anaheim, County of Orange, State of California as more particularly described in Exhibit "A" attached hereto and incorporated by this reference from the Low Medium Density to Medium Density (Modified); and WHEREAS, Exhibits "B," "C" and "D" attached hereto and incorporated by this reference depict the proposes Medium Density (Modified) designation on the certain real property and the text of the ARSP proposed for amendment; and WHEREAS, the proposed Amendment No. 15 to the ARSP No. 92-2 would amend the specific plan document in its entirety, said proposed document is on file with the City of Anaheim Planning Department and incorporated by this reference; and WHEREAS, Amendment No. 15 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 92-2X) is proposed in conjunction with General Plan Amendment No. 2017-00517; Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit No. 2017- 05949, and Administrative Adjustment No. 2017-00413 to construct a 223 -room, dual branded hotel with 1,516 square feet of accessory retail space and 975 square feet of meeting space; and -4- PC2018-036 WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 350"). A complete copy of MMP No. 350 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on June 25, 2018, at 5:00 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 consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined and recommended that the City Council also find and determine that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 350 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 350; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: 1. The property proposed for the specific plan amendment and redesignation of the property to the Medium Density (Modified) density category has unique site characteristics and surroundings as it is located in the Anaheim Resort Specific Plan, an area of the City that is designated for tourist and visitor -serving uses. The proposed amendment would not change the boundaries of the existing Anaheim Resort Specific Plan. The Anaheim Resort Specific Plan is one of three specific plans that implement the General Plan's Commercial -Recreation land use designation. The proposed amendment will not make any changes to the development standards that implement this designation. -5- PC2018-036 2. The proposed amendment is consistent with the goals and policies of the General Plan, subject to, and depending upon the approval of General Plan Amendment No. 2017-00517, now pending, to redesignate the property located 1411 and 1441 South Manchester Avenue to the "Medium Density (Modified) density category. The specific plan amendment is also consistent with the purposes, standards and land use guidelines of the General Plan, as amended, in that the subject properties located in the Anaheim Resort Specific Plan are designated by the General Plan for Commercial Recreation land uses and the proposed project is for hotel development. 3. The proposed amendment would increase the development intensity permitted for the property for hotel use and allow continued development in accordance with the Anaheim Resort Specific Plan. The proposed amendment maintains the balance of land uses within the City by encouraging tourist and entertainment related industries in an area of the City specifically designated for this type of development. 4. The proposed amendment contributes to a balance of land uses throughout the City by increasing the development opportunity of a property designated for tourist -oriented uses within The Anaheim Resort, thereby encouraging commercial land uses at a location identified as such by the General Plan. 5. The proposed amendment respects environmental and aesthetic, and historic resources consistent with economic realities since all potential environmental impacts associated with the proposed project and the increase in density were analyzed, the proposed hotel would be an improvement upon the older hotel currently located on the site, and the existing Quality Inn and Suites hotel is not identified as a historic resource; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve Amendment No. 15 to the Anaheim Resort Specific Plan as described above and contained in the attached Exhibits B," "C" and "D." BE IT FURTHER RESOLVED that approval of Amendment No. 15 to the Anaheim Resort Specific Plan is subject to the approval of General Plan Amendment No. 2017-00517. -6- PC2018-036 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 25, 2018. 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 Resolution in the event of an appeal. 7 CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 25, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 25t" day of June, 2018. r SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -7- PC2018-036 APN: 082-170-57 082-170-58 082-170-59 082,170-6D WMANCHESTER Ali EXHIBIT "-1," DEV NO. 2016-00114 .r �1 49 W PA IA I5 RD J> \ W MIDWAY D; c So•,;rce Rexrded Tract 1.1aps an1'or City Cies Fl -BB =- nat8 the ax -racy is = - t.ro to We tee. -8- PC2018-036 EXHIBIT "B" NOTE: New words are shown in bold underline. 3.3.2 Commercial Recreation (C-R) District Development Density The ARSP establishes five density designations in the C-R District (Development Area 1) that will help assure that development of the area will be compatible with proposed infrastructure and with the goal to protect surrounding residential uses. These density 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 other -wise permitted hotel/motel (including accessory uses) density as determined by the Planning Director or designee prior to Final Site Plan review and approval. The five density categories established by the plan are: • Low Density (up to 50 hotel rooms/acre) • Low- Medium Density (up to 75 hotel rooms/acre) • Low -Medium Density (Modified) (up to 252 rooms and 75,593 square feet of accessory uses) • Medium Density (up to 100 hotel rooms/acre) • Medium Density (Modified) (up to 345 rooms) • Convention Center Medium Density (up to 125 hotel rooms/acre provided the trip generation characteristics are equivalent to 100 hotel rooms/acre) Exhibit 3.3-2, the C-R District Development Density Plan, identifies the location of each density designation within the C-R District. The areas with the Low Density designation are generally located where planned future infrastructure improvements will not support more intense development, or which are located further from the area's attractions. Areas with the Low -Medium and Medium Density designations are located where planned future infrastructure will be sufficient to accommodate these more intense levels of development, and which are located closer to the main attractions of The Anaheim Resort. Areas immediately adjacent to the Anaheim Convention Center have the Convention Center Medium designation in recognition that guests at these hotels typically do not have automobiles and, therefore, place fewer demands on area streets, one of the most important infrastructure factors that tend to limit development density. In addition, the Low Medium (Modified) density designation allows 252 hotel rooms and 75,593 square feet of commercial uses, which is equivalent to 378 hotel rooms, at the southeast corner of Katella Avenue and Harbor Boulevard and the Medium Density (Modified) density designation allows up to 345 rooms or its equivalent on South Manchester Avenue. -9- PC2018-036 EXHIBIT "C" Existing Exhibit 3.3-2 Exhibit 3.3-2 Connrnercial Recreation (C-R) District Development Density Plau l.EE..�, �..1 ,-1 Commercial Recreation (C-R) District Development Density Plan MIS m DesignAed for Fuhme Extr mon in General Plan Circulation Element 1 i Anaheim City Boundary '...,i The Anaheim Resort— Boundary 'With trip generation characteristics mitigated to the equivalent of 100 rooms per gross acne. v OLow Density. Up to 50 Hotel RoomsJGtass Acre or 75 rooms per parcel, whichever is greater Low -Medium Density: Up to 75 Hotel Room/ Gross Acre or 75 room per parcel, whichever is greater ®Low -Medium Density (Modified): Up to 252 Hotel Room with 75,543 square feet of accessory uses. Medium Density: Up to 100 Hotel RoorngGross Acre or 75 rooms per parcel, whichever is greeter [SSI Convention Center Mediwrr Up to lel 125 Hotel RoomJGross Acre or 75 rooms per parcel, whichever is greaterl"I -10- PC2018-036 Proposed Exhibit 3.3-2 Exhibit 3.3-2 Cornitiercinl Recrentiotr (C-R) District Detreloplifent Density Plein Commercial Recreation (C-R) District Development Density Plan Designated for Future Extension in General Plan Circulation Element 1 i Anaheim City Boundary '....i The Anaheim Resort'" boundary "With trip generation characteristics mitigated to the equivalent of 100 rooms per grams acne. Low Density: Up to 50 Hotel Roo ns Gross Ave or 75 rooms per parcel, whichever is greeter Low -Medium Density: Up to 75 Hotel Rooms} Gross Acre or 75 rooms per parcel, whichever is greater Low -Medium Density (Modified): Up to 252 Hotel Rooms with 75.593 square feet of accessory uses. Medium Density: Up to 100 Hotel RoorngGoss Acre or 75 rooms per parcel, whichever is greater Medium Density (Modified): Up to 345 Hotel Rooms Convention Center Medium: Up to INN 125 Hotel RoomgGross Acre or 75 rooms per parcel, whichever is greaterI" -11- PC2018-036 EXHIBIT "D" NOTE: New words are shown in bold underline. TABLE 116-B HOTEL/MOTEL ROOM DENSITY Density Category Maximum Density Up to 50 rooms per gross acre or 75 rooms per lot or parcel existing on the date of Low Density adoption of the Anaheim Resort Specific Plan (or for amended areas, the date of the adoption of the specific plan amendment), whichever is greater. Up to 75 rooms per gross acre or 75 rooms per lot or parcel existing on the date of Low -Medium adoption of the Anaheim Resort Specific Plan, whichever is greater, except that for Density that area identified in Ordinance No. 5694 as Area 8, the maximum density shall be 75 rooms per gross acre. Low -Medium Density (Modified) Up to 252 rooms and 75,593 square feet of accessory uses. Medium Density Up to 100 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the Anaheim Resort Specific Plan, whichever is greater. Medium Density Modified Up to 345 rooms Convention Center Up to 125 rooms per gross acre (with trip generation characteristics mitigated to the (CC) Medium equivalent of 100 rooms per gross) or 75 rooms per lot or parcel existing on the date Density of adoption of the Anaheim Resort Specific Plan, whichever is greater. -12- PC2018-036