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Resolution-PC 2008-80RESOLUTION NO. PC2008-80 A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENT NO. 12 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 AND AMENDING ORDINANCE NO. 5453 ACCORDINGLY (SPECIFIC PLAN AMENDMENT NO. 2007-00051) 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 Standazds" 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 wnnection 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 Considera6on, 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 pazcel 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service station, was denied by the Planning Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant at the January 26, 1999, City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance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 adjushnent amended the Zoning and Development Standazds 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 - 1 - PC2008-80 WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance Nos. 5454 relating Yo Amendnlent No. 3 to ARSP No. 92-2, which amendment revised the legal description and Uoundaries 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, Yhe City Council adopted Ordinance No. 5703 relating to Adjustme~zt No. 2 to the ARSP No. 92-2, which adjustmenC 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 tl~e ARSP Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordii~ance No. 5769 relating to Adjustment No. 3 to the ARSP No. 92-2, whicli adjustmenY amended the Zoning and Development Standards seY forth in Chapter 18.48 of the F.naheim Municipal Code relating to temporary parking rec~uirements; and WHEREAS, on April 26, 2004, tlie City Coui~cil adopted Ordinance No. 5910 amending Ordinance No. 5453 relating fo Adjustment No. 4 to the ARSP No. 92-2, which adjiistment an~ended the Zoning and Aevelopment Standards set fortli iii Ciiapter 18.48 of the Anaheiin Municipal Code relating to office uses in a legal non-conforming building; and WHEREAS, oii June 8, 2p04, the City Council adopted Ordinauce No. 5922 unendang Ordiizance No. 5454 relating to Amendment No. 5(which also incorporates Amendmant No. 4) to the ARSP No. 92-2, whicli amendment revised the legal description and baundaries of the ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92-2 Zone; and WHEREAS, on Febniary 8, 2005, the City Cotmcil adopted Ordinance No. 5954 atnending Ordinance No. 5453 relating to Amendment No. 6 Co tUe ARSP No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the estaUlislunent of naini-marleei/convenience marlcets as accessory uses in conjunction witli 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 Ordinanee No. 6036 amendiug Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standards pertaining Co tlae esCablishment of an ARR (Anaheim Resort Residential) Oveday to provide the opportunity to develop residential iniits in conjuncYion with high-quality, luxury liotels within targeted areas; and WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 605$ amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92-Z, which amendnrent relates to modifications to the Zoning and Development Standards pertaining to development criteria for wholly-residei~tial development wiYhin the ARR Overlay on a designated 26.7 acre site witltin the ARSP Area; and WHEREAS, on Marcli 4, 2008, the City Council adopted Ordinance No. 6099 amending Ordinuice No. 5453 relating to Amendment No. 9 to the ARSP No. 92-2, to repeal modifcations to the Zoning and Development Standards, previously approved by Amendment No. 8 to flie ARSP No. 92-2; and _ 2 - PC2008-80 WHEREAS, on February 20, 2008 Planning Commission approved Specific Plan .__. Amendment No. 10 to the ARSP No. 92-2 to construci a mixed use project coiisisting of a 105- room hotel an tl~e western 1.5-acre portion of the project siYe adjacent to Harbor Boulevard, and a 191-uniY, condo~z~ininm complex, including nine live/work units, on Che eastern 3.3-acre portion'oF Che project siCe and tl~e 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 tlle Gei~eral Plan to generally prohibit residential development within The Anaheim Resort unless such a project included enviroimiental and economic analysis, city council approval and voter ~pproval at a city election; and WHEREA3, the Anaheim Planning Commissiou did receive a verified Petition for Specifc P3aia Amendment No. 2007-00051 (also referred to herain as "the proposed Amendment No. 12 to the ARSP No. 92-2"); and said amendanea~t is a proposal to redesignate certain real property situated in The Anaheim Resort area of the City oFP.naheim, County of Ora~~ge, State of California as more particularly described i~1 Exhibit "A" attaclled hereto and incorporated by this reference from Low Density to Medium Density; and WHEREAS, Exhabit "B" attached liereYo and incorporated by this reference depicYs the proposed Medium Density designation on the certain re~l property; and WHEREAS, SpeciFc Plan Amendment No. 2007-00051 is proposed in conjtmction with Variance No. 200'7-04742, Final Site Plan No. 2007-00013, and TenYative Parcel Map No. 2006-195 to consh-uct a 120-room hotel witl~ less landscaping adjacenC to an interior property line tlian required by code a~~d Co subdivide an existing parcel into two parcels; and WHEREAS, Yhe Anal~eim Platuiing Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 18, 2008, at 230 p.tn., notice of said public liearing having Ueen duly given as required by law and in accordance witl~ the provisions of the Analieim Municipal Code, to liear and consider evidence for and against said proposed project actions, including Specific Plan Amendment No. 2007-00051, and ta investigaCe and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, Yhe Anal~eim Plamiing Commission did hold and conduct such public iiearing and did give all persons interested tlaere4ai an opportunity to be heard and did receive evidence and reports, and did consider the saine; and WHEREAS, tlie Anaheim Planning Commission does Find, after carefiil consideration of all evideitce and reports submitted to said Coimnission, and all evidence and reports offered at said public hearing, that a11 of the fuldings set forth in Secti~on 18.72.060 of the Anaheim Municipal Code reqaired for the recommendation for approval of said sgecific plan amandmei~t are present far the following reasons: - 3 - PC2008-80 1. That tl~e properCies proposed for Che specific plan amendment laave unique site characteristics, sucll as topography, location or sunoundings in order to inerease tlie density on the site; 2. That the specific pla~~ amendment is eonsistent witl~ the goals and policies'uf tlie' General Plan, and wiCh tl~e purposes, standards and land use guidelines therein, in that the subject properties are designated by the General Plan for Commercial Recreation land use and tlle proposed project is for hotel development; 3. Tliat the speci~c plan amendment results in developmeizt of desirable project tha[ will be compatible with existing and proposed development in the surrounding neighborhood; contrib~~tes to a balance of land iises tluoughout Che City; and, respects environmental, aesthetic and historic resources consistent wiCh economic realities. WHEREAS, tl~e Analaeiin Planning Commission has reviewed tl~e proposal and does l~ereby find YhaE H~e Mitigated Negative DeclaraCion and the associated Mitigation Monitoring Program No. 000003 is adequate to serve as the required enviromnental docmnentation in connection witli this requesY upon finding thaY the declaration reflecYs Uie independent judgment of the lead agency a~id thaY iY has considered the Mitigated Negative Declaration together with any canments received during flie public review process and further finding on the basis of the initial sCudy and any commants received that there is no substantial evidence that Yhe project will l~ave a significant effect on tlie environment. NOW, THEREFORE, BE IT RESOLVED tMat, pursuant to the above findings, tl~e Anaheim Plannii~g Commission does hereby recommend City Cotmcil approval of SpeciFic Plan Amendment No. 2007-00051 as described above and contained in the attached Exl~ibit "B". THE FOREGOING I2ESOLUTION was adopted at the Planning Commission meeting of AugusY 18, 2008. Said resoluCion ~is subject to the appeal provisions set fortl~ in CI~apYer 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Co~nicil Resolution in the event of an appeal. CHAIRMA~AN~HEIM PLAN~ING ~OMMISSION ATTEST: ~ ~ li~..~/~. SENIOR SECI~ETARY, ANAHEIM PLANNING COMMISSION - 4 - PC2008-80 STATE OF CALIFORNIA ) COLTNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planniaig Commission, do liereby certify that tl~e foregoing resohtTion was passed and adopted at a meeting of the Anal~eim Plaiu~ing Con2mission lleld on August i 8, 2008, by the following vote of the members tllereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, ICARAICI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: CQMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this li~~ay of Augus[, 2008. SENIOR SE~RETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2008-80 Exxrsi~r «a~~ SPECIFIC PLAN AMENDMENT NO. 2007-00051 0 ~ ~~ ~\JE `~ V~R ~ i ~ ~ ~ ° ~ a ( r u.i - ¢ w o a J Q ~ ~ BALL RD ?4 p' 0 m ;~' ~, '~ 'I o' ~o r 345' !o ;rn i N GOODHUE AVE 603 72 ~ ~~~~ Source: Recorded Trad Maps andlorCity GIS. ~ Please note the acairecy is+!-iwo to five feet. - 6 - PC2008-80 _ ~ _ Pczoos-so