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6058ORDINANCE NO. 6058 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 8 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, AMENDING ORDINANCE NO. 5453, AS PREVIOUSLY AMENDED, AND AMENDING ZONING AND DEVELOPMENT STANDARDS SET FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, on September 27, 1994, the City Council of the City of Anaheim adopted Ordinance No. 5454 amending the zoning map to reclassify certain real property described therein into the Anaheim Resort Specific Plan No. 92-2 zone subject to certain conditions as specified therein, and Ordinance No. 5453 relating to establishment of Zoning and Development Standards for the Anaheim Resort Specific Plan No. 92-2 by the addition of Chapter 18.48 [subsequently renumbered as Chapter 18.116] to said Code; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan 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 Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the Anaheim Resort Specific Plan 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automobile service station, was denied by the Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26, 1999 City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No.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 Anaheim Resort Specific Plan 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. 5453 relating to Amendment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 0.73 -acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the Anaheim Resort Specific Plan 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 Anaheim Resort Specific Plan Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the Anaheim Resort Specific Plan 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 April 26, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the Anaheim Resort Specific Plan 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 Anaheim Resort Specific Plan No. 92-2, which amendment revised the legal description and boundaries of the Anaheim Resort Specific plan by reclassifying and incorporating 27-acres into the Anaheim Resort Specific Plan 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 Anaheim Resort Specific Plan 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 August 22, 2006 the City Council approved a Mitigated Negative Declaration ("Mitigated Negative Declaration") for, and on September 12, 2006 approved, Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the Anaheim Resort Specific Plan No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of the Anaheim Resort Residential (ARR) Overlay Zone to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels within targeted areas ("Amendment No. 7); and WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, on August 22, 2006 the City Council initiated minor modifications to Amendment 7 through the initiation of General Plan Amendment No. 2006-00448 and Amendment No. 8 to The Anaheim Resort Specific Plan No. 92-2 (collectively, "Amendment No. 8"); and WHEREAS, proposed Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2 relates to modifications to the Zoning and Development Standards pertaining to the Anaheim Resort Residential (ARR) Overlay Zone to provide the ability to develop residential units on designated properties within the ARR Overlay when such development meets certain affordability requirements of the ARR Overlay; does 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, is processed as a Master Planned Development; and 2 WHEREAS, in connection with proposed Amendment No. 8, the City has reviewed the Mitigated Negative Declaration and has also undertaken an analysis, and determined that neither Amendment No. 8 nor the circumstances under which Amendment No. 8 will be undertaken will result in any substantial changes from Amendment No. 7 resulting in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant effects from those identified in the Mitigated Negative Declaration, or that new information of substantial importance, which was not known when the Mitigated Negative Declaration was adopted, has come to light; and such analysis and determination is documented in the Addendum to the Mitigated Negative Declaration on file with the City and attached to the staff agenda report regarding proposed Amendment No. 8 and which is hereby incorporated by reference as if set out in full; and WHEREAS, on January 22, 2007, the Planning Commission held a public hearing concerning Amendment No. 8 and the Addendum to the previously -adopted Mitigated Negative Declaration (hereafter the "Addendum"), and took action both to recommend that the City Council find the Addendum to be sufficient to analyze any potential significant environmental effects of Amendment No. 8, and to disapprove Amendment No. 8, subject to any appeal or Council request for review; and WHEREAS, on January 30, 2007, the Planning Commission's decision was set for review by two members of the City Council pursuant to Anaheim Municipal Code Sections 18.60.130, 18.68.050 and 18.72.040; and WHEREAS, on February 13, 2007, the City Council voted on Amendment No. 8, and such vote resulted in a 2-2 tie on the matter in part because Councilmember Lucille King abstained due to a question regarding a possible conflict of interest; and WHEREAS, on February 20, 2007, the City received a request from SunCal Companies that the Council rehear Amendment No. 8 pursuant to Anaheim Municipal Code section 1.12.100 ("SunCal Rehearing Request"); and WHEREAS, on March 20, 2007, after the Fair Political Practices Commission issued a formal Advice Letter concluding that Councilmember Lucille Kring did not have a conflict of interest precluding her participation in the proceedings relating to Amendment 8, the City Council voted to accept the SunCal Rehearing Request and notice a public hearing on April 24, 2007 pursuant to Anaheim Municipal Code sections 1.12.100, 1.12.099, 18.68.060, 18.72.060, to consider the proposed Minor Project Modifications; and WHEREAS, at a duly noticed public hearing on April 24, 2007, the City Council reviewed Amendment No. 8, the Mitigated Negative Declaration and Addendum, considered the recommendations of the Planning Commission with respect to Amendment No. 8, and considered all public testimony submitted regarding these matters; and WHEREAS, the City Council does find and determine that Amendment No. 8 to The Anaheim Resort Specific Plan No. 92-2 , as described above, should be approved, and that the evidence presented shows that all of the conditions exist as set forth in Anaheim Municipal Code Section 18.72.060, as follows: 3 1. That the properties proposed by this amendment to be designated as permissible for wholly -residential uses with a required affordability component have unique site characteristics, such as topography, location or surroundings, that are enhanced by special land use and development standards, in that the subject properties are located at the periphery of The Anaheim Resort, adjacent to other residential uses, and are currently developed with residential uses; 2. That the proposed 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 proposed amendment is consistent with Goal 2.1 of the Land Use Element of the General Plan to continue to provide a variety of quality housing opportunities to address the City's diverse housing needs, Goal 4.1 of the Land Use Element of the General Plan to promote development that integrates with and minimizes impacts to surrounding land uses, Goal 7.1 of the Land Use Element of the General Plan to address the jobs -housing relationship by developing housing near job centers and transportation facilities and Goal 5.1 of the Economic Development Element to expand housing opportunities for all economic segments of the community; 3. That the specific plan results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood, in that development of wholly -residential uses with a required affordability component will be required to be processed as a Master Planned Development, which includes the reclassification of the project to its own Specific Plan Zone consistent with the goals and purpose identified in the City of Anaheim General Plan for the Commercial Recreation land use designation as well as the goals and objectives of the Anaheim Resort Specific Plan; 4. That the specific plan contributes to a balance of land uses throughout the City in that property owners may develop either hotel and visitor serving uses consistent with the current Anaheim Resort Specific Plan or wholly -residential uses with a required affordability component pursuant to the requirements of the proposed amendment; and 5. That the specific plan respects environmental, aesthetic and historic resources consistent with economic realities, in that the proposed amendment continues to allow property owners to develop their properties with hotels and other visitor -serving uses, as currently allowed by the Anaheim Resort Specific Plan, and provides an opportunity to develop wholly -residential development with a required affordability component; both types of development are required to comply with the same structural height, landscaping and setbacks required by the Anaheim Resort Specific Plan; in addition, infrastructure impacts related to wholly -residential development are not permitted to be any greater than the subject property's permitted hotel/motel density, as allowed by the underlying C-R District density designation, unless such impacts are duly analyzed and mitigated pursuant to subsequent environmental review. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. In Resolution No. 2O 7-052, the City Council has heretofore determined in accordance with Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162, 15164, 15168 and 15378 that Amendment No. 8, consisting of General Plan Amendment No. 2006-00448 and Amendment No. 8 to The Anaheim Resort Specific Plan No. 92-2 is covered by the Mitigated Negative Declaration and Addendum, and that no further environmental documentation or findings are required in connection with the consideration of General Plan Amendment No. 2006-00448 and Amendment No. 8 to The Anaheim Resort Specific Plan No. 92-2 . In this regard, the City Council finds that the Mitigated Negative Declaration and Addendum thereto reflect the independent judgment of the City Council as the lead agency for Amendment No. 8; and that the City Council has considered the Mitigated Negative Declaration and Addendum thereto, all comments received on such Mitigated Negative Declaration and Addendum, and all responses to such comments, prior to taking action on Amendment No. 8 to The Anaheim Resort Specific Plan No. 92-2. SECTION 2. That Ordinance No. 5453, as previously amended, be and the same is hereby, amended to revise the Zoning and Development Standards in Chapter 18.116 (formerly, Chapter 18.48) of the Anaheim Municipal Code, as set forth below. SECTION 3. That Section .125 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.116.125 ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY. .010 Purpose. The purpose of the ARR Overlay is to provide the opportunity to develop residential units (i) in conjunction with high-quality, luxury hotels (Hotel Residences); or (ii) on properties designated for Affordable Housing Opportunities for Very Low and Low - Income Families (Affordable Housing). .020 Approval — Hotel Residences. Projects that are developed according to the standards of the ARR Overlay as Hotel Residences require approval of a final site plan and a conditional use permit as provided for in Section 18.116.040 and may require a development agreement as determined by the Planning Director and processed according to the procedures set forth in Resolution No. 82R-565 (Procedures Resolution) adopted by the City of Anaheim pursuant to Section 65865 of the Development Agreement statute. .025 Approval — Affordable Housing. Projects that are developed according to the standards of the ARR Overlay as Affordable Housing shall be a permitted use subject to and processed as a Master Planned Development under subsection 18.116.040.060 (Master Planned Developments) and shall not require a conditional use permit. .030 Location. The residential overlay boundaries are identified on Attachment A to Ordinance 6036 adopted on September 12, 2006 (Amendment No. 7 to The Anaheim Resort Specific Plan No. 92-2) and include those areas within the C-R District located east of Anaheim Boulevard/Haster Street and those areas within the C-R District located south of Wilken Way. .040 Option to Use Underlying Zone. The provisions of this section shall not apply to parcels that have been or are proposed to be developed entirely pursuant to the underlying C-R 5 District, provided that all requirements of the underlying District are met by the project except as specifically approved otherwise by variance or other official action by the City. .050 Residential Zone. The ARR Overlay shall not be considered a residential zone, where such designation requires properties that develop adjacent to residential zones to meet additional setback and height restrictions. .060 Uses. Projects developed pursuant to the ARR Overlay may include any of the uses permitted or conditionally permitted in the underlying C-R District and shall include either: .0601 Hotel Residences. Development shall include a minimum three hundred (300) room full-service hotel that complies with California Civil Code Section 1940(b)(2) and may include residential uses as accessory to the hotel. .0602 Affordable Housing. Residential development shall meet the following requirements: .01 Developments shall be located on a site designated for Affordable Housing Opportunities for Very Low and Low -Income Families, as shown on Attachment A to Ordinance No. _6058_ adopted on _b, 8 , 2007 (Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2). .02 Fifteen percent (15%) of the units shall be affordable multi -family rental units for very low and low-income households as defined below. (a) Twenty percent (20%) of the affordable rental units shall have rents that are affordable to very low income families whose incomes are at 50% or less of the annually -published HUD area median income. (b) Eighty percent (80%) of the affordable rental units shall have rents that are affordable to low income families whose incomes are at 60% or less of the of the annually -published HUD area median income. (c) The above affordability requirements shall be met regardless of the availability of any subsidies. The term "subsidy" does not include (a) the obtaining of tax credits pursuant to Section 42 of the Internal Revenue Code, for any affordable housing project, (b) the provision of bond financing pursuant to California or federal law, or (c) any monies made available from any source, whether governmental or private, so long as such monies do not require the expenditure of City funds or Redevelopment Agency monies. .03 Development shall not result in infrastructure impacts greater than those associated with the subject property's permitted hotel/motel density, as allowed by the underlying C-R District density designation, unless such impacts are duly analyzed and mitigated pursuant to subsequent environmental review. .04 The maximum number of dwelling units allowed for residential development shall be equal to the maximum number of hotel rooms allowed by the property's underlying C-R District density designation. .070 Development Standards. All development standards established for the C-R District shall be applicable to the ARR Overlay. Affordable Housing development proposals shall meet the requirements of a Master Planned Development under subsection 18.116.040.060 (Master Planned Developments). Hotel Residences shall meet the following requirements: .0701 New Construction. The Residential Overlay shall apply to new construction only and not to projects that are renovations or remodels. The conversion of existing hotels rooms to dwelling units is prohibited. .0702 Integration of Uses. All residential units shall be physically integrated into a hotel development as defined in Section 18.116.095.060. .0703 Maximum Number of Residential Units. The project's total number of residential units shall not exceed the proposed development's total number of hotel rooms. .0704 Location of Residential Units. Adjacent to the public right-of-way, residential units shall be located at least two floors or twenty-five (25) feet above ground -level. .0705 Infrastructure and Service Impacts. The proposed development shall not result in infrastructure impacts greater than those associated with the subject property's permitted 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. Such impacts shall be determined through a sewer and traffic impact analysis to be submitted to the City Engineer. Additional infrastructure studies may be required as determined by the Planning Director. .0706 Parking. Due to variations in parking demand and the needs of each project, vehicle parking requirements, the demand for drop-off and pick-up locations and the design of the parking areas, including ingress and egress, shall be determined as part of the final site plan review based upon information contained in a parking demand study prepared by an independent traffic engineer, as approved by the City of Anaheim. The parking demand study shall be prepared at the property owner/developer's expense and provided as part of the final site plan application. Parking spaces specifically designated for non-residential and residential uses shall be marked by the use of posting, pavement markings, and/or physical separation. Parking design shall incorporate separate entrances and exits or a designated lane for residents. .0707 Floor Area. The minimum floor area for residential units is shown in Table 116-J (Minimum Floor Area: Anaheim Resort Residential (ARR) Overlay Zone). For purposes of this section, a "bedroom" is a private habitable room planned or used for sleeping, separated from other rooms by a door or a similar partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby, closet, or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a "bedroom." Table 20-A MINIMUM FLOOR AREA: ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY ZONE Minimum Floor Area Studio units: 600 square feet. The number of studio units shall not exceed 20% of the total number of residential units 7 Table 20-A MINIMUM FLOOR AREA: ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY ZONE Minimum Floor Area One -bedroom 700 square feet units: Two-bedroom 825 square feet units: Three-bedroom 1,000 square feet units: More than three- 1,000 square feet plus 200 square feet for each bedroom bedroom units: over three .0708 Minimum Landscape and Recreational -Leisure Areas. In addition to the minimum landscape and open space required by Section 18.116.070.120.1207, recreational - leisure area shall be provided equal to a minimum of ten (10) percent of the total area of the site. This recreational -leisure area may be provided in private areas, common areas, or a combination of both. .01 Common Recreational -Leisure Areas. All common recreational - leisure areas shall be conveniently located and readily accessible from all residential units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational -leisure areas shall not include any required setback areas, any driveways or parking areas, trash pickup or storage areas or utility areas. Areas counted toward meeting this requirement may be located inside or outside the building, subject to the approval of the Planning Director. .02 Private Recreational -Leisure Areas. In order for private patios and balconies to count toward the Recreational -Leisure Area requirement, they shall not be less than thirty (35) square feet in area, with a minimum dimension of five (5) feet. .0709 Loading Areas. Residential uses shall have one (1) off-street loading space or moving plaza for every one hundred and fifty (150) units. Loading spaces or moving plazas shall be located near entries and/or elevators and shall be incorporated into the design of vehicular access areas. Decorative paving, removable bollards and potted plants are permitted and encouraged to enhance loading spaces or moving plazas. .0710 Private Storage Facilities. General storage cabinets with a minimum size of one hundred (100) cubic feet capacity shall be required for each residential unit. Provision of said storage areas shall be in addition to the minimum floor area of the unit. Storage areas may be located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio, in close proximity to the dwelling unit, or in close proximity to an elevator. .0711 Security. Residential units shall be designed to ensure the security of residents through the provision of secured access points/lobbies, entrances and exits that are separate from the non-residential uses and are directly accessible to residential parking areas. .0712 Restriction on Activities. Commercial uses shall be designed and operated, and hours of operation limited, so that residents are not exposed to offensive noise, especially 8 from traffic, trash collection, routine deliveries or late night activity. No use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m. .0713 Vibrations and Odors. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units or recreational -leisure areas on the site. .0714 Lighting. Outdoor lighting associated with commercial uses shall not adversely impact residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash, or oscillate. .0715 Windows. Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other or hotel rooms, the windows shall be designed and/or oriented to maximize privacy." SECTION 4. That, except as expressly amended herein, Ordinance No. 5453, as previously amended, shall remain in full force and effect. SECTION 5. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. SECTION 6. SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted invalid, it is the intent of the Council this it would have ordinance independent of the elimination here from of any invalid. SECTION 7. SAVINGS CLAUSE be declared for any reason to be passed all other portions of this such portion as may be declared Neither the adoption of this ordinance nor the repeal or amendment 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 thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 24th day of April , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the 8th day of May , 2007, by the following roll call vote: AYES: Council Members Hernandez, Galloway, Kring NOES: Mayor Pringle, Council Member Sidhu ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM r Y NftYOR OF THE CITY OF ANAHEIM Mayor Pro Tem ATTEST: C CL RK OF THE CIT 4A/AHEIM 64541.v2/MGordon 10 ATTTACHMENT A PROPERTIES DESIGNATED FOR AFFORDABLE HOUSING OPPORTUNITIES APN: 137-321-14 AND 137-321-85 PARCEL Al: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AND THAT PORTION OF LOTS 15 AND 23 OF TRACT NO. 498, AS SHOWN ON A MAP RECORDED IN BOOK 19, PAGE 24 OF SAID MISCELLANEOUS MAPS, DESCRIBED AS FOLLOWS: IF BEGINNING AT A POINT ON THE NORTHERLY LINE OF LOT 16 OF SAID TRACT NO. 498, DISTANT NORTH 89° 55' 31" WEST 84.38 FEET FROM THE NORTHEAST CORNER THEROF; THENCE SOUTH 42° 00' 00" EAST 127.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 48° 00' 00" EAST 139.61 FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA FILED APRIL 9, 1952 AS DOCUMENT NO. 25258, IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID ORANGE COUNTY; THENCE SOUTH 42° 00' 00" EAST 39.31 FEET ALONG SAID SOUTHWESTERLY LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 9970.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 07' 08" AN ARC DISTANCE OF 20.69 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO JOHN C. ADAMS, ET AL., RECORDED AUGUST 6, 1959 IN BOOK 4830, PAGE 104 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 49° 09' 45" WEST 169.11 FEET ALONG THE NORTHWESTERLY LINE OF SAID LAND OF JOHN C. ADAMS TO THE WESTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE NORTH O1° 18' 30" WEST TO THE SOUTHWEST CORNER OF SAID LOT 23; THENCE NORTH 89° 55' 31" WEST ALONG THE SOUTHERLY LINE OF SAID LOTS 15 AND 23 TO THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN IN THE DEED TO CHARLES B. FRANK, ET AL., RECORDED FEBRUARY 28, 1966 IN BOOK 7853, PAGE 515 OF SAID OFFICIAL RECORDS, AS "SOUTH 470 55' 51" WEST 33.81 FEET"; THENCE NORTH 470 55' 51" EAST 33.81 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL NO. 200465-1 OF THE DEED TO STATE OF CALIFORNIA RECORDED FEBRUARY 27, 1997 AS INSTRUMENT NO. 19970090106 OF SAID OFFICIAL RECORDS. APN: 137-321-40 PARCEL A2: LOT 16 OF TRACT NO. 498, AS PER MAP RECORDED IN BOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM THE EAST 200 FEET OF LOT 16 OF TRACT NO. 498, BERGER HALF -ACRES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. I `A APN: 137-321-37 PARCEL Bl: LOT 15 OF TRACT NO. 498, AS SHOWN ON A MAP RECORDED IN BOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE EAST 200.00 FEET THEREOF. APN: 137-321-62 PARCEL B2: THAT PORTION OF LOTS 15 AND 16 OF TRACT NO. 498, AS SHOWN ON A MAP RECORDED IN BOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 16, DISTANT NORTH 890 59' 40" WEST 84.38 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE ALONG SAID NORTH LINE, NORTH 89° 59' 40" WEST 115.67 FEET; THENCE SOUTH 1 ° 10' 15" EAST 117.00 FEET TO THE SOUTH LINE OF SAID LOT 15; THENCE ALONG SAID SOUTH LINE, SOUTH 89° 59' 40" EAST 115.67 FEET; THENCE NORTH 1° 19' 15" WEST 117.00 FEET TO THE POINT OF BEGINNING. APN: 137-321-61 PARCEL B3: THAT PORTION OF LOTS 15 AND 16 OF TRACT NO 498, AS SHOWN ON A MAP RECORDED IN BOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 16, SAID POINT BEING NORTH 890 59' 40" WEST 84.38 FEET, MEASURED ALONG SAID NORTHERLY LINE FROM THE NORTHEASTCORNER OF SAID LOT 16; THENCE SOUTH 42° 04' 09" EAST 127.06 FEET; THENCE SOUTH 47° 55' 51" WEST 33.81 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 15; THENCE NORTH 890 59' 40" WEST ALONG SAID SOUTHERLY LINE OF LOT 15 A DISTANCE OF 57.37 FEET TO A LINE THAT IS PARALLEL WITH THE EASTERLY LINE OF SAID LOTS 15 AND 16 AND PASSES THROUGH THE POINT OF BEGINNING; THENCE NORTH 1' 19' 15" WEST ALONG SAID PARALLEL LINE 117.00 FEET TO THE POINT OF BEGINNING. 13 APN: 137-321-94 PARCEL C: PARCEL 1 OF LOT LINE ADJUSTMENT "LLA -0000595", RECORDED SEPTEMBER 26, 2005 AS INSTRUMENT 2005000757756, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE ABOVE DESCRIBED PARCELS Al, BI, B2, B3, AND C, THE MOBILE HOME(S) LOCATED THEREON. PARCEL Cl: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, RANCHO SAN JUAN CAJON DE SANTA ANA AS PER MAP FILED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY LYING WESTERLY OF THE WESTERLY LINE AND ITS NORTHERLY PROLONGATION OF TRACT NO. 498, PER MAP FILED IN BOOK 19, PAGE 24 OF MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THOSE PORTIONS LYING WITHIN PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. 0000595 RECORDED SEPTEMBER 26, 2005 AS INSTRUMENT NO. 2005-000757756. ALSO EXCEPT THAT PORTION OF KATELLA AVENUE, 72 FEET WIDE LYING BETWEEN THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID TRACT NO. 498 AND THE NORTHERLY PROLONGATION OF THE EAST LINE OF PARCEL 2 OF LOT LINE ADJUSTMENT NO.000595 RECORDED SEPTEMBER 26, 2005 AS INSTRUMENT NO. 2005-00757756. ALSO EXCEPT THAT PORTION OF HASTER STREET, 45 FEET WIDE AND VARIABLE WIDTH, LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE SOUTH LINE OF PARCEL 2 OF LOT LINE ADJUSTMENT NO. 0000595 RECORDED SEPTEMBER 26, 2005 AS INSTRUMENT NO. 2005-000757756. ALSO EXCEPT THOSE PORTIONS OF LAND DESCRIBED AS EXHIBITS "A-1", "A-2", 66A-3" AND 66A-4" OF THE FINAL ORDER OF CONDEMANTION IN CASE NO. 784656 OF THE SUPERIOR COURT FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER, FILED MARCH 30, 1999 AND RECORDED MARCH 7, 1999 AS INSTRUMENT NO. 1999-0254025. 14 APN: 137-321-95 PARCEL D: THAT PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL NO. 200321-1 (ALSO DESCRIBED AS PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 48, PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY), AS DESCRIBED IN THAT CERTAIN GRANT DEED TO THE STATE OF CALIFORNIA, RECORDED APRIL 10, 1996 AS INSTRUMENT NO. 19960175445 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, STATE OF CALIFORNIA, LYING SOUTHERLY AND SOUTHWESTERLY OF COURSES NUMBERED (1) AND (2) OF THE LINE DESCRIBED IN THAT CERTAIN GRANT DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO. 19980071396 OF OFFICIAL RECORDS OF SAID COUNTY. APN: 137-321-52 LOTS 13 AND 14 OF TRACT NO. 498, BERGER HALF -ACRES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTH 50 FEET OF LOT 14. ALSO EXCEPTING THEREFROM THAT PORTION OF THE WESTERLY 129.17 FEET OF SAID LOT 14, LYING NORTH OF THE NORTH LINE OF THE SOUTH 50.00 FEET OF SAID LOT 14. APN: 137-321-48 THE SOUTH 50.00 FEET OF LOT 14 OF TRACT NO. 498, AS SHOWN ON MAP RECORDED IN BOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE WEST 129 FEET 2 INCHES. 15 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6058 clerk of the Anaheim Bulletin, a newspaper that AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROV- ING AMENDMENT NO. 8 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92 - has been adjudged to be a newspaper of general 2, AMENDING ORDINANCE NO. 5453, AS PREVIOUSLY AMENDED, AND AMENDING ZONING AND DEVELOPMENT STANDARDS SET FORTH IN CHAP- TER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE circulation by the Superior Court of the County This ordinance amends ft. Anaheim Resort Specific modiify the Zoning and Development Standards inn C Pferr 8118 of the Anaheim o1m Municipal of Orange, State of California, on December 28, Code pertaining to the Anaheim Resort Residential 6 Overlay Zone to provide the ab�ll- ty to develop r�Idontrel unGs on des' properties within the ARR Overlay when such lopment mcertain attoMab irements of fhe ARR 1951, Case No. A-21021 in and for the City of m infrastructucts greater hotel/motel n, �s allowed by the }xoperty'a undn C R Diahict den property s I unless such impactsare dull analyzed and m ' ed pursuant to subsequent iegr�iv- Anaheim, County of Orange, State of California; ronmental review; and, Is processed as a Master planned Devekrpment I, Linda Nguyen, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a that the notice, of which the annexed is a true summary of ordnance No. 6058 which ordinance was introduced at s regular meeting of the and adoptedncil of the City of at a r %arr meetinghof said eim an tCounche ill on the day 8th iris of M 2007 and or d duly the fold - printed copy, has been published in each regular lowing roll call vote of the members thereof: AYES: Council Members Hernandez, Galloway, Kring and entire issue of said newspaper and not in any NOES: Mayor Pringle, Council Member sidhu supplement thereof on the following dates, to ABSENT. NONE The above summary is a brief description of the subject matter contained in the text of or - wit: dinance No. 6058, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim: This summary does not include ar describe every provision of the ordi- nance and should not be relied on as a substitute for the full text of tare ordinance. May 17, 24, 2007 To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. "I certify (or declare) under the penalty of Published: Anaheim Bulletin, May 17, 2007 8362163 25314 perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: May 24, 2007 Signature r Anaheim Bulletin 1'„i' 625 N. Grand Ave. ”` r Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION