6494 ORDINANCE NO. 6 4 9 4
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
PORTIONS OF CHAPTER 18.116 (ANAHEIM RESORT
SPECIFIC PLAN NO. 92-2 (SP 92-2) ZONING AND
DEVELOPMENT STANDARDS) OF TITLE 18 OF THE
ANAHIEM MUNICIPAL CODE AND THE ANAHEIM RESORT
SPECIFIC PLAN 92-2
(AMENDMENT NO. 16 TO THE ANAHEIM RESORT SPECIFIC PLAN)
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council")
has the authority to enact and enforce ordinances and regulations for the public peace, morals and
welfare of the City of Anaheim(the "City") and its residents; and
WHEREAS,pursuant to the procedures set forth in Chapter 18.72 of the Anaheim Municipal
Code, Amendment No. 16 to the Anaheim Resort Specific Plan(Specific Plan Amendment No. 92-
2) (the"ARSP') is proposed in order create a new density category for the Commercial Recreation
(C-R)District,called"Medium Density(Modified A)"and 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
Medium Density to Medium Density(Modified A) ; and
WHEREAS, Amendment No. 16 to the ARSP is proposed in conjunction with General Plan
Amendment No. 2019-00529, Minor Conditional Use Permit No. 2019-06041, Variance No. 2020-
05132, Final Site Plan No. 2019-00001, and Administrative Adjustment No. 2019-00437 to
construct a 125-room, with 870 square feet of accessory commercial space ("Proposed Project");
and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for
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 "State CEQA Guidelines"),
the City is the "lead agency" for the preparation and consideration of environmental documents for
this ordinance; 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. 372"). A complete copy of
MMP No. 372 is on file and can be viewed in the Planning Services Division of the City; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-
20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via
teleconferencing and to make public meetings accessible telephonically or otherwise electronically
to all members of the public seeking to observe and to address the local legislative body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing public hearing in the City of Anaheim on August 17, 2020, 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 its Resolution Nos. PC2020-030 and PC2020-032, the
Planning Commission recommended that the City Council approve and adopt Amendment No. 16
to the ASRP concurrently with, 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. 372 and that the City Council approve and adopt the
Mitigated Negative Declaration and MMP No. 372; and
WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2020-030 and
PC2020-032, a summary of evidence, report of findings and recommendations of the Planning
Commission, the City Council did fix the 15`h day of September, 2020, as the time, and the City
Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and
for the purpose of considering this Ordinance; and
WHEREAS, on September 15, 2020, the City Council did conduct a public hearing, notice
of said public hearing having been duly given as required by law and in accordance with the
provisions of Chapter 18.60 of the Code,to hear and consider evidence for and against the Proposed
Project; and
WHEREAS, at said public hearing, upon hearing and considering all evidence and reports
offered at said hearing and all testimony and arguments (if any) of all persons desiring to be heard,
this City Council considered all factors relating to the Proposed Project, including Amendment No.
16 to the ARSP and the recommendations of the Planning Commission, and does hereby find and
determine as follows after due consideration, inspection, investigation and study made by itself, and
after due consideration of all evidence and reports offered at said hearing, does hereby find and
determine as follows:
1. The property proposed for the specific plan amendment and redesignation of the
property to the Medium Density (Modified A) density category has unique site characteristics and
surroundings as it is located in the ARSP,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 ARSP. The
ARSP 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.
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. 2019-00529, now
pending, to redesignate the property located at 1730 South Clementine Street to the "Medium
Density (Modified A) 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 ARSP 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 ARSP. 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 vacant industrial building currently located on the site; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That Table 116-B (Hotel/Motel Room Density) of Section 18.116.060 (Development
Density Areas—Commercial Recreation (C-R) District (Development Area 1) of Chapter 18.116
(Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Title 18 (Zoning) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
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
Medium Density
(Modified A) Up to 127 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.
SECTION 2.
That Section 3.3.2 of the Anaheim Resort Specific Plan be amended to read in its entirety as
follows:
3.3.2 Commercial Recreation(C-R) District Development Density
The ARSP establishes seven 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 seven 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)
• Medium Density(Modified A) (up to 127 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; the Medium Density(Modified)
density designation allows up to 345 rooms or its equivalent on South Manchester Avenue;
and the Medium Density (Modified A) density designation allows up to 127 rooms or its
equivalent on Clementine Street.
SECTION 3.
That Exhibit 3.3-2 of the Anaheim Resort Specific Plan be replaced with Exhibit "B"
attached hereto and incorporated herein by this reference.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph,
subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be declared for any
reason invalid or unconstitutional by the final judgment of any court of competent jurisdiction, it is the
intent of the City Council that it would have adopted all other portions of this ordinance independent of
the elimination herefrom of any such portion as may be declared invalid or unconstitutional. The City
Council of the City of Anaheim hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or
more sections, subsection, sentence clause,phrases or portions be declared valid or unconstitutionally.
SECTION 5. SAVINGS CLAUSE; CONTINUITY.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall
in any manner affect the prosecution for violations of ordinances which violations were committed
prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. To the extent the provisions of this Ordinance are
substantially the same as ordinance provisions previously adopted by the City relating to the same
subject matter,the provisions of this ordinance shall be construed as restatements and continuations of
those provisions and not as new enactments or amendments of the earlier provisions.
SECTION 6. CERTIFICATION; PUBLICATION BY CLERK.
The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or a
summary thereof to be printed once within fifteen(15) days after its adoption in the Anaheim Bulletin,
a newspaper of general circulation,published and circulated in the City of Anaheim.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
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THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 15th day of September, 2020, and thereafter passed and adopted
at a regular meeting of said City Council held on the 29th day of September, 2020, by the following
roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno,
Kring, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: 1
v AY'I R OF TH CIT OF ANAHEIM
ATT _
CITY CLERK OF T E CITY OF A HEIM
139309/LHM
EXHIBIT "A"
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EXHIBIT "B"
Exhibit 3.3-2 Commercial Recreation (C-R) District Development Density Plan
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Commercial Recreation (C-R) District Development Density Plan
Low Density:Up to 50 Hotel Rooms/Gross Acre
or 75 rooms per parcel,whichever is greater
_ ...
Designated for Future F�ttension in Low-Medium Density:Up to 75 Hotel Rooms/
General Plan Circulation Element Gross Acre or 75 rooms per parcel,whichever is greater
I .7 Anaheim City Boundary . Low-Medium Density(Modified):Up to 252 Hotel
Rooms with 75,593 square feet of accessory uses.
:....i, The Anaheim Resort"'Boundary ��R.; Medium Density:Up to 100 Hotel Rooms/Gross Acre
or 75 rooms per parcel,whichever is greater
**With trip generation characteristics
mitigated to the equivalent i Medium Density(Modified):Up to 345 Hotel Rooms
of 100 rooms per gross acre.
- Medium Density(Modified A):Up to 127 Hotel Rooms
NConvention Center Medium:Up to
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125 Hotel Rooms/Gross Acre or 75
rooms per parcel,whichever is greater**
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No.6494 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 15th day of September, 2020, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 29th day of September, 2020, by the
following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno,
Kring and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of October, 2020.
GSC"'
CITY CLERK F THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin PROOF OF PUBLICATION
2190 S.Towne Centre Place Suite 100
Anaheim, CA 92806 Legal No. 0011415386
714-796-2209 SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO.6494
AN ORDINANCE OF THE CITY OF
ANAHEIM AMENDING PORTIONS OF
CHAPTER 18.116 (ANAHEIM RESORT
SPECIFIC PLAN NO.92-2 (SP 92-2) ZONING
5190168 AND DEVELOPMENT STANDARDS) OF
TITLE 18 OF THE ANAHIEM MUNICIPAL
CODE AND THE ANAHEIM RESORT
ANAHEIM,CITY OF/CLERKS OFF SPECIFIC PLAN 92-2
200 S ANAHEIM BLVD STE 217 (AMENDMENT NO. 16 TO THE ANAHEIM
RESORT SPECIFIC PLAN)
ANAHEIM, CA 92805-3820
This ordinance amends portions of Chapter 18.116
(Anaheim Resort Specific Plan No. 92-2 (SP 92-2)) of
the Zoning Code of the City of Anaheim to add a new
density category for the Commercial Recreation (C-
R) District called"Medium Density (Modified A)"and
apply the Medium Density (Modified A) category to
FILE NO. ord-6494 property located at 1730 South Clementine Street in
Anaheim,California.
AFFIDAVIT OF PUBLICATION I,Theresa Bass, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is a summary of
Ordinance No. 6494, which ordinance was introduced
STATE OF CALIFORNIA, at a regular meeting of the City Council of the City of
Anaheim on the 15th day of September, 2020 and was
SS. duly passed and adopted at a regular meeting of said
Council on the 29th day of September, 2020 by the
County of Orange following roll call vote of the members thereof:
AYES:Mayor Sidhu and Council Members Faessel,
Barnes,Brandman,Moreno,Kring and O'Neil
NOES: None
I am a citizen of the United States and a resident of the ABSENT: None
County aforesaid; I am over the age of eighteen years,and ABSTAIN: None
not a party to or interested in the above-entitled matter. I The above summary is a brief description of the
am the principal clerk of the Anaheim Bulletin, a subiect matter contained in the text of Ordinance No.
6494,which has been prepared pursuant to Section 512
newspaper that has been adjudged to be a newspaper of of the Charter of the City of Anaheim. This summary
general circulation bythe Superior Court of the Countyof does not include or describe every provision of the
P ordinance and should not be relied on as a substitute
Orange, State of California, on December 28, 1951, Case for the full text of the ordinance.
No. A-21021 in and for the City of Anaheim, County of To obtain a copy of the full text of the ordinance,
Orange, State of California; that the notice, of which the 5166Sbetweent8:00 AM andf5:00 PM, Mond y through
annexed is a true printed copy, has been published in Friday. There is no charge for the copy.
each regular and entire issue of said newspaper and not in Published Anaheim Bulletin Oct.8,2020 11415386
any supplement thereof on the following dates,to wit:
10/08/2020
I certify(or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: October 08, 2020.
elvavika_juryi
Signature
r.LP1-12/15/16 t
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original Ordinance No. 6494 and was published in the Anaheim Bulletin on the 8th day of
October, 2020, pursuant to Section 512 of the City Charter of the City of Anaheim.
CITY CLE',' OF THE CITY OF ANAHEIM
(SEAL)