Resolution-PC 2008-29
RESOLUTION NO. PC2008-29
A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION
RECOMMENDING ADOPTION OF AMENDMENT NO.9 TO
THE ANAHEIM RESORT SPECIFIC PLAN NO.92-2
(SPECIFIC PLAN AMENDMENT NO. 2007-00049)
AND AMENDING ORDINANCE NO. 5454 ACCORDINGLY
WHEREAS, on Apri129, 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 (ARSP) No. 92-2 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 Facts 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 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October 12, 1998, and the petition was subsequently withdrawn by the applicant at the January 26,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
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WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964
amending Ordinance Nos. 5453 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
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 Apri126, 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. 5922
amending Ordinance No. 5453 relating to Amendment No. 5 (which also incorporates Amendment
No. 4) 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 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 the
ARR Overlay to provide the opportunity to develop residential units, when such uses are
developed on designated properties within the ARR Overlay; meet certain affordability
requirements for the ARR Overlay; do not result in infrastructure impacts greater than those
associated with the subject property's hotel/motel 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; and, processed as a Master Planned Development; and
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WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
a Specific Plan Amendment for certain real property situated in The Anaheim Resort area of the
City of Anaheim, County of Orange, State of California; and
WHEREAS, Specific Plan Amendment No. 2007-00049 is proposed in conjunction
with General Plan Amendment No. 2007-00462, Reclassification No. 2007-00210, Conditional
Use Permit No. 2007-05242, Final Site Plan No. 2007-00010, Tentative Tract Map No. 17219 and
Tentative Parcel Map No. 2007-163 to construct a mixed use project consisting of a 102-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 livelwork units, on the eastern 3.3-acre portion of the
project site (herein collectively referred to as the "proposed project actions"); and
WHEREAS, Specific Plan Amendment No. 2007-00049 (also referred to herein as
"the proposed Amendment No. 9 to the ARSP No. 92-2") proposes to:
1. Remove the eastern 3.3-acre portion of the subject property from the ARSP as more
particularly shown on Exhibit "A-1" attached hereto and incorporated herein by this reference;
2. Adjust applicable Specific Plan exhibits and text to reflect the modified ARSP
boundaries;
3. Increase the maximum hotel density for the western 1.5 acres of the property
adjacent to Harbor Boulevard from Low Density (permitting up to 75 hotel rooms for the 1.5-acre
site) to Medium Density (permitting up to 102 hotel rooms and 14,714 square feet of accessory
commercial uses or an equivalent of 127 hotel rooms for the 1.5-acre site); and,
4. Modify the Zoning and Development Standards set forth in Chapter 18.116
(Anaheim Resort Specific Plan) of the Anaheim Municipal Code for the 1.5-acre site to:
a. Reduce the minimum front setback area adjacent to Harbor Boulevard from 20
to 3 feet for a subterranean parking structure provided that the structure is at a
sufficient depth to allow a 20-foot wide area between Harbor Boulevard and the
above-grade hotel building to be landscaped in accordance with the ARSP tree
density requirements;
b. Reduce the interior setback area from 10 to 0 feet adjacent to the eastern
property line to permit a parking area adjacent to the proposed 191-unit
condominium complex proposed as part of Conditional Use Permit No. 2006-
05242, now pending;
c. Reduce the interior landscape setback area from 10 to 6 feet adjacent to the
north and east property lines to accommodate the design of an interior private
street; and,
d. Reduce the minimum distance between driveways from 40 to 30 feet.
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WHEREAS, the Anaheim Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 7, 2008, at
2:30 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 hear and consider evidence for
and against said proposed project actions, including Specific Plan Amendment No. 2007-00049,
and to investigate and make findings and recommendations in connection therewith; and that said
public hearing was continued from the January 7, January 23, and February 4, 2008 hearings; and
WHEREAS, at the time and place fixed for said public hearing, the Anaheim
Planning Commission did hold and conduct such public hearing and did give all persons interested
therein an opportunity to be heard and did receive evidence and reports, and did consider the same;
and
WHEREAS, the Anaheim Planning Commission does find, after careful
consideration of all evidence and reports submitted to said Commission, and all evidence and
reports offered at said public hearing, that all of the findings set forth in Section 18.72.060 of the
Anaheim Municipal Code required for the recommendation for approval of said specific plan
amendment are present for the following reasons:
1. That the subject amendment area has unique site characteristics that are enhanced
by special land use and development standards in that the subject property is the largest property
along Harbor Boulevard between Orangewood Avenue and Chapman Avenue and a mixed use
development is proposed to be developed on the property consisting of a 102-unit hotel with
14,714 square feet of accessory commercial uses on the 1.5-acre site adjacent to Harbor Boulevard
in the ARSP zone and a 191-condomium complex, including nine live/work units, on the eastern
3.3-acre portion of the site in the proposed RM-4 (MU) Overlay zone pursuant to Reclassification
No. 2007-00210, now pending, and that the mixed use complex will share vehicular and pedestrian
access to Harbor Boulevard.
2. That the proposed specific plan amendment is consistent with the goals and policies
of the General Plan, and with the purposes, standards and land use guidelines therein and will
contribute to a balance of land uses throughout the City because:
(a) The removal of the eastern 3.3-acre portion of the subject property from the
Anaheim Resort Specific Plan would not negatively affect The Anaheim Resort since the 1.5-acre
portion of the property along Harbor Boulevard will remain in the ARSP to permit a proposed 102-
room hotel with accessory commercial uses pursuant to Conditional Use Permit No. 2006-05242,
now pending.
(b) The proposed amendment would implement Goal 2.1 in the Land Use
Element which states "continue to provide a variety of quality housing opportunities to address the
City's diverse housing needs."
(c) The proposed amendment would implement Goa14.1 in the Land Use
Element which states "promote development that integrates with and minimizes impacts to
surrounding land uses."
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(d) The proposed amendment would implement Goa15.1 in the Land Use
Element which states "create and enhance dynamic, identifiable places for the benefit of Anaheim
residents, employees and visitors."
(e) The proposed amendment would implement Goal 7.1 in the Land Use
Element which states "address the jobs-housing relationship by developing housing near job
centers and transportation facilities."
3. That the proposed specific plan amendment respects environmental and aesthetic
resources consistent with economic realities as it would result in development of desirable
character that will be compatible with development permitted in the ARSP zone to the north and
south of the site and the proposed condominium complex pursuant to Conditional Use Permit No.
2006-00049, now pending, on the eastern 3.3-acre portion of the site.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the
Anaheim Planning Commission has reviewed the proposal and does hereby approve the Mitigated
Negative Declaration and the associated Mitigation Monitoring Program No. 154 upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the
Mitigated Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is
no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, the
Anaheim Planning Commission does hereby recommend City Council approval of Specific Plan
Amendment No. 2007-00049 as described above.
BE IT FURTHER RESOLVED, that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 20, 2008. 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
maybe replaced by a City Council Resolution in the event of an appeal.
/ ~ ,
CHA AN, NAHEIM NNING COMMISSION
ATTEST:
SENIOR S~E~CRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on February 20, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 3Td day of
March, 2008.
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SENI ECRETARY, ANAHEIM PLANNING COMMISSION
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