Resolution-PC 2008-9u
RESOLUTION NO. PC2008-9
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A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION
RECOMMENDING ADOPTION OF AN AMENDMENT TO
THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2
AND AMENDING ORDINANCE NO.5453 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 hoteUmotel, 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October 12, 1998, and the petition was subsequently withdrawn by the applicant at the January 26,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
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
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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. 5454 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 Apri124, 2007, the City Council approved General Plan
Amendment No. 2006-00448, to amend the Commercial Recreation land use designation to allow
wholly-residential development as a permitted land use in The Anaheim Resort and introduced
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
WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058
approving Amendment No. 8 to the ARSP No. 92-2; and
WHEREAS, on November 27, 2007, the Anaheim City Council, by Resolution No. 2007-226,
repealed General Plan Amendment No. 2006-00448 and approved a motion initiating the repeal of
Amendment No. 8 to the ARSP No. 92-2 and referring such matter to the City staff and Planning
Commission for further proceedings and recommendation; and
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WHEREAS, Specific Plan Amendment No. 2007-00052 is proposed to repeal
modifications to the Zoning and Development Standards, previously approved by Amendment No.
8 to the ARSP No. 92-2; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 23, 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 Specific Plan Amendment No. 2007-00052, and to investigate and make findings and
recommendations in connection therewith; 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 properties proposed for the specific plan amendment have unique site
characteristics, such as topography, location or surroundings, in that the subject properties for
Specific Plan Amendment No. 2007-00052 are the same properties as the subject properties for
Amendment No. 8 to the ARSP No. 92-2;
2. That the specific plan amendment is consistent with the goals and policies of the
General Plan, and with the purposes, standards and land use guidelines therein, in that the subject
properties are designated by the General Plan for Commercial Recreation land use, a land use
designation that does not permit wholly-residential land uses; and, therefore development
standards related to such residential land uses should be removed from the ARSP No. 92-2;
3. That the specific plan amendment results in development of desirable character that
will be compatible with existing and proposed development in the surrounding neighborhood;
contributes to a balance of land uses throughout the City; and, respects environmental, aesthetic
and historic resources consistent with economic realities, in that Specific Plan Amendment No.
2007-00052 will repeal development standards approved by Amendment No. 8 to the ARSP No.
92-2, related to a residential land use that is no longer permitted by the General Plan.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) FINDINGS: That
the Anaheim Planning Commission has reviewed the proposal and does hereby find that Specific
Plan Amendment No. 2007-00052 is exempt from CEQA pursuant to CEQA Guidelines Section
15061(b)(3) in that the specific plan amendment is covered by the general rule that CEQA only
applies to projects which have a potential for causing a significant effect on the environment, and
that it can be seen with certainty that there is no possibility that the Specific Plan Amendment No.
2007-00052 may have a significant effect on the environment and is, therefore, not subject to
CEQA.
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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. 2007-00052 as described above.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 23, 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 , A AHEIM NNING COMMISSION
ATTEST:
~ L~
SENIOR~CRETARY, ANAHEIM PLANNING COMMISSION
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 January 23, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20`h day of
February, 2008. ~,
SENI~ SECRETARY, ANA~IM PLANNING COMMISSION
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