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Resolution-PC 97-52~ ~ RESOLUfION N0. PC~,7-52 R RECOMM NDINtd TO THE CITY COUNCIL AIPPRO~VALAOF ~ON AFAENDMENT NO. 1 TO THE ANAHEIIV! RESORT SPECIFIC PLAPJ N0. 92-2 UVHEREAS, The City Council adopted the Anaheim Resort Specffic Plan No. 92-2 on September 27, 1994, to provide a long range, comprehensNe plan for f~ture developmEnt of approximately 549.5 acres within the Anaheim Rasort. The Specific Plan includes zoning and development standards, design guidelines and a pubiic facilfties plan and permfts the development of hotel, convention, retall and other visitor-serv'.ng uses; and WHEREAS, the Anaheim Ciry p~anning Gommfssion did receNe a verffled Petftion for reclassiflcation for certain real propercy situateci in the Ciry of Anaheim, Counry of 4range, State of Calffornia, described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, A3 SHOWN ON A MAP RECORDED IN BOOK 98, , PAGES 39 OF PARCEL MAPS, IN THE O'rFICE OF THE COUNTY RECOHDER OF SAID COUNTY. WiiEREAS, sub)ect property is an approximately 4.67-acre parcel of land located on the north side of Orangewood Avenue, approximately 298 feet east of the centerline of Harbor Boulevard, and further described as 465 West Orangewood Avenue (Emerald Springs Apartments); and that subject properry ~s iocated ad~acent to the Anaheim Resort, including Specifiic Plan No. 92-2, which is designated un tne City of Anaheim General Plan for Commerc(al Recreation land uses; and WHEREAS, the petftioner has requested an amendment to Specific Plan No. 92-2 incorporating and reclassiiying the subject properry from the AM-1200 (Residential, Multiple-Family) Zone to the SP 92-2 (Anaheim Resort Spec'rfic Pian) Zone; and WhlEREAS, the Specific Pfo~o ~t oebe des g ated `Deve opment A eia if~Co`mme cial1eS in the Zone and that subJect property s p p Recreation°; and WHEREAS, the amended Specific Plan document will include a summary of the resulting changes, a revised Development Plan and Table, and a revised C-R Distrlct Development Plan shownbneAttachment C toheiStafffReport t the PlanningBCommission datedAprfl 28I 1gg7ne, as WHEREAS, the City Pianning Commission did hold a pubUc hearing at the Civic Center (n the City of Anaheim, on April 28, 1997, at 1:3a 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, Cfiapter 18.03, to hear and consider evidence for and againt said proposed amendment and to invest!gate and rnake find(ngs and recommenations in connection therewfth; and WHEREAS, said Commission, after due inspection, investigation and study made by itseif and in its behalf, and after due consideraetion of all evidence and reports offered at said hearing, does find and determine the following iacts: 1 _ PC97-52 CR2893EH.WP ~ ~ 1. That the Petftioner has submitted the followi~g specffic information pertaining to management, occupancy and maintenance of the proposed Vacation Ownership Resort (V.O.R.) as required by the Anaheim HesoR Specffic Plan No. 92-2 Zone: (a) The entire 136-unft complex will be submitted to the Califomia Department of Real Estate for a~proval as a fee simple vacation ownership resort. The physical conversion and saies of tne ~nits will be phased over a four (4) year pe~iod (approximately 20 unfts at a time). During the conversion and sell-out phase, those unfts which have not been converted or dedicated to the V.O.R. use will continue to be occupied by existing tenants until the unit is vacated, or the tenants are relocated for conversion purposes. All units are anticipated to be cornerted to the V.O.R. use wfthin the 4-year conversion period. (b) The V.O.R. will be a member of the RCI e~:change organization (an intemational vacation ownership resort exchange) and wiil be professionally managed by Winners Circle Resorts international, Inc. On-site rnanagement/ftont desk sarvices, maintenance and security will be available seven (7) days per week, 24hours per day. (c) Each V.O.R. unit will be sold at one (1) week intervals for a maxlmum of 51 weeks per year (136 unfts x 51 weeks = 6,936 intervals). One (1) week will be utilized for annual maintenance purposes. Each weekly interval will be entftled to one (1) vote under the V.O.R. program covenant, conditions and restrictions. (d) All units will be in the V.O.R. program and homeowners association budget (allocating an annual maintenance reserve of approximately $350,000). (e) ,Occupancy, or right of occupancy, by any person or en4ity will be Iimfted to a maximum of thirty (30) consecutive days, and not more than sixry (60) days during any twelve (12) month period. (fl All units not used by owners or exchangers shall be made available to the general public for ovemight acc~mmodations. 2. The area proposed for amendment (s unlque in fts location and surroundings in that ft is located adjacent to, and immediately abuts, property located in the Anaheim Resort Specific Plan No. 92-1; 3. The proposed amendment is consistent wfth the goals and policies of the Anaheim General Plan and with the proposals, standards and iand use guidelines provided therein in that it will encourage development of quality facilities which complement convention, family entertafnment and recreation (n the community and will enhance the Ciry's posftion as a nationally recognfzeci tourist center; 4. The proposed amendment to the Specffic Plan will result In development of a desirable character by permitting lane; uses wfthin the designated Speciflc Plan area which are compatible wfth the surrounding area; 5. The proposed amendment io the Specffic Plan contribu!es to a balance of land uses by providing a campatible transiti~n between muitiple-family residential and commercial land uses; 6. The proposed arroendment to the respects environmental and aesthetic resources consistent with economic realities fn that development in the amendment area will be subject to the zonin~ and development standards, design guidelines, and appUcable mftigation measures adopted in conjunction wkh the Anaheim Resort Specffic Plan No. 92-2 and incorporated therein; ar~ -2- _ PC97-52 ~ .~ 7, T;~;t no one indicated their ar~~=^~~-r.e at sald publlc hearing Ir• uppoisft(on; and that no r,.r: ~_ :r~rs~:-it,ns sras receNed in upposltlon to #hc :,.z:`:;ect petttion. ~,~?~,~i;i~~lA ~NVIR kV~~.r"..,;•:i~L ~';~AU'iY ACT FINL?}N~,: That the Anaheim Ciry PlanNng Commiss(on h^a5 tOVlOY12CI 'If i:; g~ o[~as:: :o permE .: ar.~.r°rs6~ z~f an ~3xlstiRg 139-unlt apartmEM complex to a 136-unft VacatEoc~ UNnership fiasa~t ~:~rhn waivers ~~~ n~l~tmum ,~~-~tr,tur-at sethack and ~~d requirements abuttir.g ~rangewoai Avdnua, mi~;irnLm , tructur.~ -~hf.'rk 4!'~'., _. ";: ~S ';~qutrements r;~ t:: ;rI;~A any lnterior propem~ Ifne, ar~d permitted encroachr~>er«~ ~a;:r:i r;,•cy~ired yarr; ar~C ;: ~°t~:ack ar":3;; ~~; •~~. appro~cimatoly a.67- acre parcel of land located on the north sk.+e rr' Ora~~rway' ••`e•:~Rur^.; =-:'Y.~:C~Y,i[:~aiEly 2~9 f28L e2St Of ihe centerline of Harbor Boulevard, and further c1es~~ibed as ~E~". '~~~~.~< ~ra~ dr->,~+:~d Avenue (Emerald Springs Apartments); and does hereby approve the Miti~tecl NegaY:~;H W'eclaration s~c~on finding that thc~ declaration reBects the irxlependent Judgement of the lead agency; and ti~at ft has considered the proposed Mftigated t~egative Declaration together with any comments received during the public review process and further finding on the basis of the Initi~i Study that there is no substantial evidence, with the imposftion of mftigation measures, that the project wili have a signfficant effect on the environment, and does nereby approve the MRigated Negative DeclaratEan and assocfated Mitigation Monitoring Program No. d09S (associated wfth the Anaheim Resort Speciflc Plan No. 92-2, Amerximent No. 1) and Mftlgation Monftorirg Flan No. 006 (associated wRh Conditional Use Perrnft No. 3917). • NOW, 7HEREFORE, BE IT RESOWED that the Anahelm Cfry Planning Commission does hereby grant subject Petition for reclass~ication upon the fdlowing condftions which are hereby found to be a necessary prerequisite to the proposed use of the subject properry in order to preserve the safety and general welfare of the Citizens of the Ciry of Anaheim: 1, That completion of these rsclassHicatfor proceedinc~s to amend th9 Anaheim Resort Spec'rfic Pian is cont(ngent upon Ciry Councfl adoption of General Plan Amendment No. 344. 2. That th(s Speciflc Plan amendment area shall be subJect to all of the conditions of approval adopted by the Ciry Council on September 27, 19941n connection wfth the prlor approval of the Anaheim Resort Specific Plan No. 92-2 as set forth in Ordinance No. 5454 (Attachment G to the Staff Report to the Planning Commission dated April 28, 1997) anci (ncorporated herein by reference. 3. That the property owner/developer shall be responsible for complying with the mftigation measures set forth in Mitlgation Monitoring Program No. 0096 which incorporates ail of the appropriate mitigation measures set forth in MYigation Monitorfng Program No. 0085 adopted by the Cfty Council on September 27, 1994 in ~onjunction with the adoption of the Anaheim Resort Spec~ic Plan No. 92- 2, and for complying Nitti the monRoring and reporting requfrements estat,lishe~ci by the Ciry in compliance wfth Sectlon 21081.6 of the Pubiic Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monftoring and reporting requirements to ensure implementat(on of the mitigation meas~~res which are made a part of these cor~dftions of approval by reference. BE IT FURTHER RESOLVED that the Anaheim Cfty Planning Commission dces hereby fincf arsd determine tfat adoption of this Resdution is expressly predicated upon applica~Ys complfance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of competerrt jurisdiction, then this Resdution, and any approvals herein contained, shall be deemed nul~ arxl void. -3- PC97-52 ~ ~ THE FOREGOING RESOLUTiON was adopted at the Planning Commission meeting of April 28, 1997. CHAIRPERSON ANAHEIM ITY PLANNING COMMISSION ATfEST: _ „ SECRETARY, ANAI EIM CITY PLANNING COMMISSION STATE OF CAUFORNIA ) COUNTY OF ORANCE ) ss. CI1Y OF ANAHEIM ) I, Margarita Sotorio, Secretary of the Anahe(m City Planning Commission, do hereby certify that. the faregoing resolution was passed and adopted at a meeting of the Anaheini City Planning Commissic~n heid on , 1997, by the following vote of the members thereof: AYES: COMMISSIONERS: 80STWICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIQNERS: MAYER IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~~ 1997. _ ._ , SECRETARY, A AHEIM CITY PLANNING COMMISSION ~_ PC97-52