6099ORDINANCE NO. 6099
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING AMENDMENT NO. 8 TO THE
ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, INCLUDING
AMENDING ORDINANCE NO. 5453, AS PREVIOUSLY
AMENDED, AND AMENDING THE ZONING AND
DEVELOPMENT STANDARDS SET FORTH IN CHAPTER
18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
(SPECIFIC PLAN AMENDMENT NO. 2007-00052); AND
REPEALING ORDINANCE NO. 6058.
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withdrawn by the applicant at the January 26, 1999 City Council meeting; and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 No. 5454 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 amending Ordinance No. 5453 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
amending Ordinance No. 5453 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 Nos. 5453 and 5454 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, by its Resolution No.
2006-205, approved a Mitigated Negative Declaration and Updated and Modified Mitigation
Monitoring Program No. 0085b (hereinafter the "MND") for, and approved, General Plan
Amendment No. 2006-00442 amending the Land Use Element of the General Plan relating to
the Anaheim Resort Residential Overlay (Amendment No. 7 to the Anaheim Resort Specific
Plan No. 92-2) which provides opportunities for the incorporation of residential uses into hotel
developments in certain targeted areas when such uses are fully integrated into a minimum
300 -room full-service hotel; and which modified the description of the Commercial Recreation
land use designation to note that in targeted areas within the Anaheim Resort, residential uses
are allowed by conditional use permit when such uses are fully integrated into a minimum
300 -room full-service hotel (collectively "Amendment No. 7 to the ARSP"); and
WHEREAS, on August 22, 2006, the City Council initiated General Plan
Amendment No. 2006-00448 ("GPA No. 2006-00448") amending the Commercial -Recreation
land use designation description in the Land Use Element of the General Plan, and also
initiated Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2 ("Amendment No. 8
to the ARSP"), to allow for wholly -residential development, fifteen percent of which must be
composed of rental units affordable to low or very -low income households, on a designated
26.7 -acre site within the Anaheim Resort; and
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WHEREAS, on April 24, 2007, following a duly noticed public hearing, the
City Council (i) adopted its Resolution No. 2007-052 finding and determining that the
previously adopted Mitigated Negative Declaration with Addendum and Updated and
Modified Mitigation Monitoring Program (collectively the "Addendum") was adequate to
serve as the required environmental documentation for GPA No. 2006-00448 and Amendment
No. 8 to the ARSP, (ii) adopted its Resolution No. 2007-053 approving GPA No. 2006-00448,
and (iii) introduced and gave first reading to Ordinance No. 6058 approving Amendment No. 8
to the ARSP; and
WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058
approving Amendment No. 8 to the ARSP; and
WHEREAS, the following described litigation has been filed, and is currently
pending, seeking to set aside the actions taken by the City Council pursuant to its adoption of
(i) Resolution No. 2007-052 approving the Addendum, (ii) Resolution No. 2007-053
approving GPA No. 2006-00448, and (iii) Ordinance No. 6058 adopting Amendment No. 8 to
the ARSP: Walt Disney World Co. v. City of Anaheim, et al., Orange County Superior Court
Cases No. 07CC01293 and 07CC01293; and
WHEREAS, on May 21, 2007, Save Our Anaheim Resort Area ("SOAR")
submitted a referendum petition (the "referendum petition") to the City Clerk's Office
containing approximately 21,245 signatures seeking to require the City Council to reconsider
Anaheim City Council Resolution No. 2007-053 approving GPA No. 2006-00448; and
WHEREAS, Resolution No. 2007-053 approving GPA No. 2006-00448 is a
legislative act which is subject to referendum pursuant to the provisions of the California
Constitution, the Anaheim City Charter, and the Elections Code of the State of California; and
WHEREAS, the City Elections Official heretofore delivered its certificate to
the City Council finding and determining that said referendum petition contained the requisite
number of valid signatures to require the City Council to reconsider GPA No. 2006-00448
pursuant to Section 9240 and 9114 of the Elections Code of the State of California; and
WHEREAS, based upon the certification of said referendum petition, the
effective date of GPA No. 2006-00448 was suspended and the City Council was required to
reconsider Resolution No. 2007-053 approving GPA No. 2006-00448 pursuant to Section
1303 of the City Charter and Sections 9237 and 9241 of the Elections Code of the State of
California; and
WHEREAS, on August 21, 2007, the City Council reconsidered its Resolution
No. 2007-053 approving General Plan Amendment No. 2006-00448 and, as a result of such
reconsideration, did adopt its Resolution No. 2007-161 "Calling and Giving Notice of a
Special Election to be Held on Tuesday, June 3, 2008, for the Submission to the Voters of the
City of Anaheim of a Referendum Measure Relating to Anaheim City Council Resolution No.
2007-053 Approving Anaheim General Plan Amendment No. 2006-00448" (the "referendum
election"); and
3
WHEREAS, on October 30, 2007, the City did receive a written notice from the
proponent of the project which is the subject of said Addendum, GPA No. 2006-00448, and
Amendment No. 8 to the ARSP that it would not continue to seek or advocate City approval of
Amendment No. 8 to the ARSP or the Addendum for such project; and
WHEREAS, thereafter, in accordance with the referendum petition and the
provisions of Section 9241 of the Elections Code of the State of California, the City Council
initiated action to (i) repeal Resolution No. 2007-053 and General Plan Amendment No. 2006-
00448, (ii) withdraw a referendum measure regarding General Plan Amendment No. 2006-
00448 from the June 3, 2008 special municipal election, and (iii) repeal Resolution No. 2007-
052 thereby rescinding its prior approval of the Addendum (collectively, the "City Actions");
and
WHEREAS, City staff did prepare a CEQA Assessment of the City Actions to
determine the manner in which the City Actions must comply with CEQA, and that CEQA
Assessment provided City staff s findings and determinations that: (1) the City Actions, either
individually or collectively, did not constitute a "project" under Public Resources Code
Sections 21065 and 21080, and, alternatively, (2) even assuming the City Actions could be
deemed a "project," that the City Actions, individually and collectively, were exempt from the
requirements of CEQA under State CEQA Guideline Section 15061(b)(3). Furthermore, this
assessment demonstrated that each of these CEQA determinations, standing alone, would be
sufficient in and of itself to support the City's action to approve the City Actions without
further environmental review; and
WHEREAS, on November 27, 2007, following a duly noticed public hearing,
the City Council (i) adopted its Resolution No. 2007-224 finding and determining that (1) the
City Actions, either individually or collectively, did not constitute a "project" under Public
Resources Code Sections 21065 and 21080, and, alternatively, (2) even assuming the City
Actions could be deemed a "project;" that the City Actions, individually and collectively, were
exempt from the requirements of CEQA under State CEQA Guideline Section 15061(b)(3),
(ii) adopted its Resolution No. 2007-225 repealing Resolution No. 2007-052 thereby
rescinding its prior approval of the Addendum approved in connection with GPA No. 2006-
00448 and Amendment No. 8 to the ARSP, (iii) adopted its Resolution No. 2007-226 repealing
Resolution No. 2007-053 and General Plan Amendment No. 2006-00448, (iv) adopted its
Resolution No. 2007-227 withdrawing the referendum measure regarding General Plan
Amendment No. 2006-00448 from the June 3, 2008 special municipal election, and (v)
initiated an amendment to the Anaheim Resort Specific Plan to repeal Amendment No. 8 to
ARSP ("Specific Plan Amendment No. 2007-00052") and referred such matter to the City
staff and Planning Commission for further proceedings and recommendation; and
WHEREAS, the Anaheim City 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
4
WHEREAS, on January 23, 2008, said Commission, after due inspection,
investigation and study made by itself and in its behalf, and after due consideration of all oral
and written evidence and reports offered at said hearing, did adopt its Resolution No. PC2008-
9 finding and recommending that the City Council approve proposed Specific Plan
Amendment No. 2007-00052 based upon the findings and facts as set forth in Resolution No.
PC2008-9; and
WHEREAS, the Anaheim City Planning Commission has reviewed proposed
Specific Plan Amendment No. 2007-00052, and did find and determine and recommend, by its
Motion, that the City Council, based upon its independent review of Specific Plan Amendment
No. 2007-00052, and unless additional or contrary information is received during the City
Council's public hearing, find and determine that (1) Specific Plan Amendment No. 2007-
00052 does not constitute a "project" under Public Resources Code Sections 21065 and 21080,
and, alternatively, (2) even assuming that Specific Plan Amendment No. 2007-00052 could be
deemed a "project," that Specific Plan Amendment No. 2007-00052 is exempt from the
requirements of CEQA under State CEQA Guideline Section 15061(b)(3); and
WHEREAS, upon receipt of said Resolution No. PC2008-9, summary of
evidence, report of findings and recommendations of the Anaheim City Planning Commission,
the City Council did fix the 26th day of February, 2008, as the time, and the City Council
Chamber in the Civic Center as the place for a public hearing on said proposed Specific Plan
Amendment No. 2007-00052 and did give notice thereof in the manner and as provided by
law; and
WHEREAS, the City Council did duly 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 recommendations of the Anaheim City Planning Commission.
WHEREAS, the City Council did find and determine that (1) Specific Plan
Amendment No. 2007-00052 does not constitute a "project" under Public Resources Code
Sections 21065 and 21080, and, alternatively, (2) even assuming that Specific Plan
Amendment No. 2007-00052 could be deemed a "project," that Specific Plan Amendment No.
2007-00052 is exempt from the requirements of CEQA under State CEQA Guideline Section
15061(b)(3); and
WHEREAS, the City Council does find and determine that Specific Plan
Amendment No. 2007-00052 should be approved and that the evidence presented shows that
all of the conditions set forth in Section 18.72.060 of the Anaheim Municipal Code are
present.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2 as
heretofore approved by Ordinance No. 6058 be, and the same is hereby, repealed.
5
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 to delete therefrom any and all provisions previously
included therein relating to Amendment No. 8 of the Anaheim Resort Specific Plan No. 92-2, 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 in conjunction with high-quality, luxury hotels (Hotel Residences).
.020 Approval. 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.
.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
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 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.
.070 Development Standards. All development standards established for the C-R District
shall be applicable to the ARR Overlay. In addition, 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 18.116.125.060.
.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 116-J
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
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.
8
.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 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.
That Ordinance No. 6058 be, and the same is hereby, repealed.
SECTION 6. 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 7. SEVERABILITY
The City Council of the City of Anaheim declares that should any section,
paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be
invalid, it is the intent of the Council this it would have passed all other portions of this
ordinance independent of the elimination here from of any such portion as may be declared
invalid.
SECTION 8. SAVINGS CLAUSE
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.
9
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 26th day of February, 2008, and thereafter
passed and adopted at a regular meeting of said City Council held on the 4th day of March, 2008,
by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring
NOES: Council Member Galloway
ABSENT: NONE
ABSTAIN: NONE
CITY OF HEIM
By
MA OR OF THE4;0FArthim
ATTEST:
C Y CLERK OF THE CITY OF ANAHEIM
68073A
10
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
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
March 13, 2008
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Tlntp• Marrh 11 10OR
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
ORDINANCE NO.6099
AN ORDINANCE OF - CITY COUNCIL OF THE CITY OF ANAHEIM REPEAL-
ING AMENDMENT IS O THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-
2, INCLUDING AMEN ..i ORDINANCE NO. 5453, AS PREVIOUSLY AMEND-
ED, AND AMENDING THE ZONING AND DEVELOPMENT STANDARDS SET
FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
(SPECIFIC PLAN AMENDMENT NO. 2007-00052); AND REPEALING ORDI-
NANCE NO. 6058.
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
realproperty described therein into the Anaheim Resort Speck Plan No. 92-2 zone sub-
ject to certain conditions as specified therein, and Ordinance No. 5453 relating to estab-
lishment 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 Re-
sort 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 con unction with an automobile service station, was denied by
the Planning Commission on �ctober 12, 1998 and the petition was subsequently with-
drawn 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 re-
quirements to reflect the local street status of Convention Way; and
WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending
Ordinance No. 5454 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 Re-
sort 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
amending Ordinance No. 5453 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 Ave-
nue and the southern boundary of the Anaheim Resort Specific Plan Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 amending
Ordinance No. 5453 relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No.
92-2, which adjustment amende� 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 Nos. 5453 and 5454 relating to Amendment No. 5 (which also incorporates
Amendment No. 4) to the Anaheim Resort Specific Plan No. 92-2, which amendment re-
vised the legal description and boundaries of the Anaheim Resort Specific plan by reclassi-
fying 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 amend-
ing Ordinance No. 5453 relating to Amendment No. 6 to the Anaheim Resort Speck 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, by its Resolution No. 2006-205, ap-
provd a Mitigated Negative Declaration and Updated and Modified Mitigation Monitoring
Program No. 85b (hereinafter the AMND@) for, and approved, General Plan Amendment
No. 2006-00442 amending the Land Use Element of the General Plan relating to the Ana-
heim Resort Residential Overlay (Amendment No. 7 to the Anaheim Resort Specific Plan
No. 92-2) which provides opportunities for the incorporation of residential uses into hotel_
developments in certain targeted areas when such uses are fully integrated into a minimum
300 -room full-service hotel; and which modified the description of the Commercial Recrea-
tion land use designation to note that in targeted areas within the Anaheim Resort, residen-
tial uses are allowed by conditional use permit when such use ar@ fully integrated into a
minimum 300 -room full-service hotel (collectively AAmendment No. 7 to the ARSP@); and
WHEREAS, on August 22, 2006, the City Council initiated General Plan Amendment
No. 2006-00448 (AGPA No. 2006-00448") amending the Commercial -Recreation land use
designation description in the Land Use Element of the General Plan, and also initiated
Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2 (AAmendment No. 8 to
the ARSP@), to allow for wholly -residential development, fifteen percent of which must be
composed of rental units affordable to low or very -low income households, on a designat-
ed 26.7 -acre site within the Anaheim Resort; and
WHEREAS, on Ap"'24,2
0
17, following a duly noticed public hearing, the City Council
(i) adopted its Resolution No. 2007 052 finding and determining that the previouslyy �Mitted NegatDeclaron'onnPrgrirad environmentaldocume ARSP, (ii) d td its Resolution No. 2007-053 approving GPA No. 2006-00448, and
introduced and gave first reading to Ordinance No. 6058 approwng Amendment No. 8
to the ARSP: and
WHEREAS, on May 8, 2007, the City Council adopted OrdinanceNo. 60.58 approving
Amendment No. 8 to the ARSP: and
WHEREAS, the following described litigation has been filed, and is currently pendin
seeking to set aside the actions taken by the City, (Couneciill pursuant to its adoption of f)
GPA
Resolution 0o. 2OD7-052 2006.00448, and approving
a No 6058 doptingoAmendment No. approving
tro the
ARSP: Waft Disney World Co v. Cly of Anaheim, at al., Orange County Superior Court
Cases No. 07CCO1293 and 070001293; and
WHEREAS, on May 21, 2007, Save Our Anaheim Resort Area (ASOAR@) submitted a
referendum petition (the Areferandum petition@) to the City Ck+rk=s Office containing ap-
proximately 21,245 signatures seeking to require the City Council to reconsider Anaheim
City Council Resolution No. 2007-053 approving GPA No. 2006.00448; and
WHEREAS, Resolution No. 2007.053 approving GPA No. 20064)0448 is a legislative
act which is subject to referendum pursuant to the provisions of the California Constitution,
the Anaheim City Charter, and the Elections Code of the State of California; and
WHEREAS, the City Elections Official heretofore delivered its certificate to the City
Council finding and determining that said referendum petition contained the requisite num-
ber of valid signatures to require the City Council to reconsider GPA No. 2006-00448 pur-
suant to Section 9240 and 9114 of the Elections Code of the State of California; and
WHEREAS, based upon the certification of said referendum petition, the effective date
of GPA No. 200640448 was suspended and the City Council was required to reconsider
Resolution No. 2007.053 aroving GPA No. 2006-00448 pursuant to Section 1303 of the
City Charter and Sections 92roving
and 9241 of the Elections Code of the State of California;
and
WHEREAS, on August 21, 2007, the City Council reconsidered its Resolution No. 2007-
053 approving General Plan Amendment X. 2006.004489g and, as ira result of such recon-
Elecil tion, did decd n T�uResda �8,220078; foontlie,80n4 sfo ryryloth� Nafic of!4vie Ct
E �•� H yy Hetioi
of Anaheim of a Referendum MINO Rielatimto,Anarieim ilfitf/ Koi1' uGWiNbi
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
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
March 13, 2008
"I certify (or declare) under the penalty of
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: March 13, 2008
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
ORDINANCE N� b99
AN RDIN)[NGE O tE CITY• "'ONCIL OF THE CITY OF ANAHEIM REPEAL-
ING AM ENDMENT=fy4.87t5 THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-
2, INCLUDING AMENDING ORDINANCE NO. 5453, AS PREVIOUSLY AMEND-
ED, AND AMENDING THE ZONING AND DEVELOPMENT STANDARDS SET
FORTHIN CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
(SPECIFIC PLAN AMENDMENT NO. 2007-00052); AND REPEALING ORDI-
NANCE NO. 6058.
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 sub-
ject to certain condltions as specified therein, and Ordinance No. 5453 relating to estab-
ishment 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 18.1161 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 Re-
sort Specific Plan by reclassiiving 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 con1'unction with an automobile service station, was denied by
the Planning Commission on October 12, 1998 and the petition was subsequently with-
drawn 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 re-
quirements to reflect the local street status of Convention Way; and
WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending
Ordinance No. 5454 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 Re-
sort 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
amending Ordinance No. 5453 relating to Adjustment No. 2 to the Anaheim Resort Specific
Plan N.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 Ave-
nue and the southern boundary of the �naheim Resort Specfic Plan Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 amending
Ordinance No. 5453 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 Nos. 5453 and 5454 relating to Amendment No. 5 (which also incorporates
Amendment No. 4) to the Anaheim Resort Specific Plan No. 92-2, which amendment re-
vised the legal description and boundaries of the Anaheim Resort Specific plan by reclassi-
fying 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 amend-
ingOrdinance 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, by its Resolution No. 2076-205, ap-
proved a Mitigated Negative Declaration and Updated and Modified Mitigation Monitoring
Program No. 0085b (hereinafter the AMND@) for, and approved, General Plan Amendment
No. 2006-00442 amending the Land Use Element of the General Plan relating to the Ana-
heim Resort Residential Overlay (Amendment No. 7 to the Anaheim Resort Specific Plan
No. 92-2) which provides opportunities for the incorporation of residential uses into hotel
developments in certain targeted areas when such uses are fully integrated into a minimum
300 -room full-service hotel; and which modified the description of the Commercial Recrea-
tion land use designation to note that in targeted areas within the Anaheim Resort, residen-
tial uses are allowed by conditional use permit when such uses are fully integrated into a
minimum 300 -room full-service hotel (collectively AAmendment No. 7 to the ARSP@); and
No.WHEREAS, on August 22, 2006, the City Council initiated General Plan Amendment
2006 00448 (.GPA No. 2006 00448")'amending the Commercial -Recreation land use
designation description in the Land Use F,lement of the General Plan, and also initiated
Amendment No. 8 to the Anaheim Resort Specfic Plan No. 92-2 (.Amendment No. 8 to
the ARSP@), to allow for wholly -residential development, fifteen percent of which must be
composed of rental units affordable to low or very -low income households, on a designat-
ed 26.7 -acre slte within the Anaheim Resort; and
WHEREAS, on April 24, 2007, following a duly noticed Public hearing, the City Council
(i) adopted its Resolution No. 2007-052 finding and determining that the previously adopt-
ed Mitigated Negative Declaration with Addendum and Updated and Modified Mitigation
Monitoring Program (collectively the AAddendum@ was adequate to serve as the
the re-
gired environmental documentation for GPA No. and Amendment No. 8 to
.RSP, (I) adopted its Resolution No. 2007.53 approving GPA No. 2006-00448, and
(iii) introduced and gave first reading to Ordinance No. 6058 approving Amendment No. 8
to the ARSP; and
WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058 approving
Amendment No. 8 to the ARSP; and
WHEREAS, the following described litigation has been filed, and is currently pendin@@
seeking to set aside the aacctions taken by the City (ii)
pursuant to its adoption of (I)
ResGPA olNo.n 0o. 2007-052 2006.00448, and (iii) Ong rdinance No u60581 ad Resolution
g Amendment No approving
ARSP: Walt Disney World -Co v. City of Anaheim, et al., Orange County Superior Court
Cases No. 07COM293 and 07CO01293; and
WHEREAS, on May 21, 2007, Save Our Anaheim Resort Area (ASOAR@) submitted a
referendum petition (the Areferendum petition@) to the City Clerk=s Office containing ap-
proximately 21,245 signatures seeking to require the City Council to reconsider Anaheim
City Council Resolution No. 2007-053 approving GPA No. 2006400448; and
WHEREAS, Resolution No. 2007-053 approving GPA No. 2006.00448 is a legislative
act which is subject to referendum ppursuant to the provisions of the California Constitution,
the Anaheim City Charter, and the Elections Code of the State of California; and
WHEREAS, the City Elections Official heretofore delivered its certificate to the City
Council finding and determining that said referendum petition contained the requisite num-
ber of valid signatures to require the City Council to reconsider GPA No. 2006-00448 pur-
suant to Section 9240 and 9114 of the Elections Code of the State of California; and
WHEREAS, based upon the certification of said referendum petition, the effective date
of GPA No. 2006-00448 was suspended and the City Council was required to reconsider
Resolution No. 2007-053 approving GPA No. 2006.00448 pursuant to Section 1303 of the
City
Charter and Sections 9237 and 9241 of the Elections Code of the State of California;
WHEREAS, on August 21, 2007, the City Council reconsidered its Resolution No. 2007-
053 approving General Plan Amendment No. 2006-00448 and, as a result of such recon-
sidsratgn, did adopt its Rew"on No. 2007-167 ACalling and G' ' N 'of.a,Special
oAnaheim
Efleetion 4dbe He" o* J no 4, 2808, folrBwBubmf td City
;'>e".i g.In P i'd'.'r 2i00E -fr
2007-053 Approving Anaheim General Plan Amendment No. 2006-00448" (the
060 Uses. Projects developed pursuant to the ARR Ovaria may include an of the
Areterendum election@); and Y
uses permitted or conditionally permitted in the underlying C-R istrict and shall include a
WHEREAS, on October 30, 2007, the City did receive a written notice from the propo- minimum three hundred (300) room full-service hotel that complies with California Civil
nent of the project which is the subject of said Addendum, GPA ' 20064)0448, and Code Section 1940(b)(2) and may include reside" ses as accessory to the hotel.
Amendment No. 8 to the ARSP that it would not continue to seek or ate City approval
Df Amendment No. 8 to the ARSP or the Addendum for such projec,, .670 Development Standards. All developme,. andards established for the C-R Dis-
trict shall be applicable to the ARR Overlay. In addition, Hotel Residences shall meet the
WHEREAS, thereafter, in accordance with the referendum petition and the provisions ,following requirements:
of Section 9241 of the Elections Code of the State of California, the City Council initiated
action to (i) repeal Resolution No. 2007-M and General Plan Amendment No. 2006- 0701 New Construction. The Residential Overlay shall apply to new construction only
00448, (ii) withdraw a referendum measure regarding General Plan Amendment No. 2006 and not to projects that are renovations or remodels. The conversion of existing hotels
00448 from the June 3, 2008 special municipal electron, and (iii) repeal Resolution No. ,rooms to dwelling units is prohibited.
2007-052 thereby rescinding its prior approval of the Addendum (collectively, the ACity
Actions@); and 0702 Integration of Uses. All residential units shall be physically integrated into a hotel
development as defined in Section 18.116.125.060.
WHEREAS, C1 staff did pprepare a CEQA Assessment of the City Actions to determine
the manner in which the City Actions must comply with CEQA, and that CEQA Assessment .0703 Maximum Number of Residential Units. The project's total number of residential
provided City staff=s findings and determinations that: (1) the C'�ty Actions, either indtvtdu- units shall not exceed the proposed development's total number of hotel rooms.
ally or collectively, did not constitute a Aproject@ under Public liesources Code Sections
21065 and 21080, and, aR.matively, (2) even assuming the City Actions could be deemed a 0704 Location of Residential Units. Adjacent to the public right-of-way, residential units
Aproject,@ that the City Actions, individually and collectively, were exempt from the re- shall be located at least two floors or twenty-five (25) feet above ground -level.
quirements of CEQA under State CEQA Guideline Section 15061(b)(3). Furthermore, this
assessment demonstrated that each of these CEQA determinations, standing alone, would 0705 Infrastructure and Service Impacts. The proposed development shall not result in
be sufficient in and of itself to support the City=s action to approve the City Actions without infrastructure impacts greater than those associated with the subject property's permitted
further environmental review; and hotel/motel density, as allowed by the property's underlying C-R District density designa-
tion, unless such impacts are duly analyzed and mitigated pursuant to subsequent enA-
WHEREAS, on November 27, 2007, following a duly noticed public hearing, the City ronmental review. Such impacts shall be determined through a sewer and traffic impact
Council (i) adopted its Resolution No. 2007-224 finding and determining that (1) the City analysis to be submitted to the City Engineer. Additional infrastructure studies may be re -
Actions, either individually or collectively, did not constitute a Aproject@ under Public Re• quired as determined by the Planning Director.
sources Code Sections 21065 and 21080 and, alternatively, (2) even assuming the City Ac-
tions could be deemed a Aproject,@ that the City Actions, individually and collectively, .0706 Parking. Due to variations in parking demand and the needs of each project, vehi-
were exempt from the requirements of CEQA under State CEQA Guideline Section cle parking requirements, the demand for drop-off and pick-up locations and the design of
15061(b)(3), (s) adopted its Resolution No. 2007-225 repealing Resolution No. 2007.052 the parking areas, including ingress and egress, shall be determined as part of the final
thereby rescinding its prior approval of the Addendum approved in connection with GPA site plan review based upon information contained in a parking demand study prepared by
No. 2006-00448 and Amendment No. 8 to the ARSP, (iii) adopted its Resolution No. 2007- an independent traffic engineer, as approved by the City of Anaheim. The parking demand
226 repealing Resolution No. 2007-053 and General Plan Amendment No. 2006-00448, (iv) study shall be prepared ffi the property owner/develo en's expense and provided as part
adopted its Resolution No. 2007-227 withdrawing the referendum measure regarding Gen- of the final site plan application. Parking spaces specifically designated for non-residential
eral Plan Amendment No. 2006-00448 from the June 3, 2008 special municipal election, and residential uses shall be marked by the use of posting, pavement markings, and/or
and (v) initiated an amendment to the Anaheim Resort Specific Plan to repeal Amendment physical separation. Parking design shall incorporate separate entrances and exits or a
No. 8 to ARSP ( Specific Plan Amendment No. 2007-00052") and referred such matter to designated lane for residents.
the City staff an Planning Commission for further proceedings and recommendation; and 0707 Floor Area. The minimum floor area for residential units is shown in Table 116J
WHEREAS, the Anaheim City Planning Commission did hold a. public hearing at the (Minimum Floor Area: Anaheim Resort Residential (ARR) Overlay Zone). For purposes of
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 23, this section, a "bedroom is a private habitable room planned or used for sleeping, sepa-
2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law rated from other rooms by a door or a similar partition. Further, all rooms (other than a Inv -
and in accordance with the provisions of the Anaheim Municipal Code, to hear and consid- ung room, family room, dining room, bathroom, hall, lobby, closet, or pantry) having seven
-
er evidence for and against Specific Plan Amendment No. 2007-00052, and to investigate ty (70) square feet or more of floor area, or less than fifty percent (50%) of the total length
and make findings and recommendations in connection therewith; and of any wall open to an adjacent room or hallway, shall be considered a "bedroom."
WHEREAS, on January 23, 2008, said Commission, after due inspection, investigation Table 116J
and study made by itself and in its behalf, and atter due consideration of all oral and writ- MINIMUM FLOOR AREA:ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY ZONE
ten evidence and reports offered at said hearing, did adopt its Resolution No. PC2008-9
finding and recommending that the City Council approve proposed Specific Plan Amend- Minimum Floor Area
ment No. 2007-00052 based upon the findings and facts as set forth in Resolution No. Studio units: 600 square feet. The number of studio units shall not exceed
PC2008 9; and 20% of the total number of residential units
WHEREAS, the Anaheim City Planning Commission has reviewed proposed Specific One -bedroom units:700 square feet
Plan Amendment No. 2007-00052, and did find and determine and recommend, by its Mo- Two-bedroom units: 825 square feet
tion, that the City Council, based upon its independent review of Specific Plan Amendment Three-bedroom units: 1,000 square feet
No. 2007-00052, and unless additional or contrary information is received during the C'Ay More than three -
Council's public hearing; find and determine that (1) Specific Plan Amendment No. 2007- bedroom units: 1,000 square feet plus 200 square feet for each bedroom
00052 does not constitute a Aproject@ under Public Resources Code Sections 21065 and over three
21080, and, alternatively, (2) even assuming that Specific Plan Amendment No. 2007-00052
could be deemed a Ap act.@ that Specific Plan Amendment No. 2007.00052 is exempt 0708 Minimum Landscape and Recreational -Leisure Areas. In addition to the minimum
from the requirements ad EOA under State CEQA Guideline Section 15061(b)(3); and landscape and open space required by Section 18.116.070.120.1207, rebreational-leisure
- WHEREAS, upon receipt of said Resolution No. PC2008-9, summary of evidence, re- area shall be provided equal to a minimum of ten (10) percent of the total area of the site.
port of findings and recommendations of the Anaheim City Planning Commission, the City This recreational -leisure area may be provided in private areas, common areas, or a com-
Counctl did fix the 26th day of February, 2008, as the time, and the City Council Chamber bination of both.
in the Civic Center as the place for a public hearing on said Proposed Specific Plan Common Recreational -Leisure Areas. All common recreational -leisure areas shall
Amendment No. 200740062 and did give notice thereof in the manner and as Provided by .01 be conveniently located and readily accessible from all residential units located on the
law; and building site and shall be integrated with and contiguous to other common areas on the
WHEREAS, the City Council did duly hold and conduct such public hearing and did building site. The common recreational -leisure areas shall not include any required set -
give all persons interested therein an opportunity to be heard, and did receive evidence back areas, an driveways or parking areas, trash pickup or storage areas or utility areas.
and reports and did consider the recommendations of the Anaheim City Planning Areas counted toward meeting this requirement may be located Inside or outside the build -
Commission. Ing, subject to the approval of the Planning Director.
WHEREAS, the City Council did find and determine that 0) Specific Plan Amendment 02 Private Recreational -Leisure Areas. In order for private patios and balconies to
No. 2007-00052 does not carstitute a Aprojed@ under Pubic Resources Code Sections count toward the Recreational -Leisure Area requirement, they shall not be less than thirty
21065 and 21080, and, alternatively, (2) even ming that Specific Plan Amendment No. () square feet in area, with a minimum dimension of five (5) feet.
2007-00052 could be deemed a Aproject,@ thffi�3 fisc Plan Amendment No• 2007 00062 0709 Loading Areas. Residential uses shall have one 1) off-street loadingspace or
is ex� j p) from the requirements of CEd4 under Stets CEOA Guateline Section moving plaza for every one hundred and fifty (150) units. Loading spaces or moving plazas
15061 b 3 ; and shall be located near entries and/or elevators and shall be incorporated into the design of
WHEREAS, the City Council does find and determine that Specific Plan Amendment vehicular access areas. Decorative paving, removable bollards and potted plants are per -
No. 2007-00052 should be approved and that the evidence prownted Shows that alt of milled and -raged to enhance leading spaces or moving plazas.
conditions set forth in Section 18.72.060 of the Anaheim Municipal Code are present. •0710 Private Storage Facilities. General storage cabinets with a minimum size of one
:CR
NOW, THEREFORE, THE Y COUNCIL OF THE CITY OF ANAHEIM HEREBY O hundred (100) cubic feet capacity shall be refired for each residential unit. Provision of
DAINS AS FOLLOWS: 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
SECTION 1. close proximity to the dwelling unit, or in dose proximity to an elevator.
That Amendment No. 8 to the Anaheim Resort Specific Plan NO. 9Q 2 as Mreretobre 0711 , Residential ° alnall be designed to ensure the security of residents
proved by Ordinance No. 6058 be, and the same s hereby, repealed• through the jxovfeion ol secured aixeea pointaiK'."'ias, entrances and exits that are sepa-
rate from the non-residential uses and are directly accessible to residential parking areas.
SECTION 2. 0712 Restriction an Activities. commercial uses shall be des'gnet and operated, and
That Ordinance No. 5453, as previously amended, be and 9s own is hereby]Per-
6.=
rs of operation limited, so that residents are not exposed to offensive noise, especially
ed to revise the Zoning and Deve�pm�� Standards in Chapter 18.116 homnMy �, trash collection, roullne deliveries or We night activity. No use shall produce
18.48) of the Anaheim Municipal Cods to delete there from any and all p[ovsionstiraial loacliny or unloading of heavy tucks at the site between the hours of 8 p.m. and
Iy included therein relating to Amendment No. B of the MMrein Rewd Specific m.92-2, as set forth below. 0713 Vibrations end Odors, No mss, or process shall produce continual vibra-
SECTION 3.s or noxious odgrs that we percrceptibleW wi6wut Instruments byy the average person at
property lines of the ante or within the Interior of residential urnRe or recreational -leisure
That Section .125 of Chapter 18.116 of Title 18 of the Mahaim Municipal Codes oh thea alta•
the same is hereby, amended to read as follows; 7%I .Outdoor Rypph*V associated with commercial uses shaft not adversely im-
ANAHEIMRH>>ORT I�MOAL V=Q t VE"T.rgnlldrNltial uses, but steel provide suficient illumination fort access and security pur-
Such Oghd g shalt not b1nMo, flesh, or osciflate.
010 Purpose. The purpose of the ARR 0wr1ry fs bf ot�Windows. Resider" sq&t � �� areas and docks. To
residential units in conjunction with high-quaity, kmxy f idtial itfaoiach other or hotel rooms, the windows shall
020 Approval. Projects that aro ped aimordlnp:lo thestandard, ddesig ed and/or oriented to maximize prkwy.'
HIrel l d a"sib pin and a conditionaSECTION 4.
mit as provided for in Sediorn 78.118. and may require a davabpmaft
terminad by the Planning Director and processed a000Mlrg b the forth to Thst, except as :1, shallforce ly amended herein, Ordi anoe No. 5453, as previously amend -
in
Resolution No. 82R 5655 (Procedures Rseolu8on) adopted by the CR1r of Anaheim pursuara � n 10 at
to Section 65865 of the Development Agrernart statute.
.030 Location. The residential overlay boundaries we itlentifled an Attachment A to Or- SECTION 5.
dinance 6036 adopted on September 12, 2006 (Amerdrtent No. 7 to The Anaheim Resort That Ordinance No. 6058 be and the saris is hereby, repealed.
Specific Plan No. 92-2) and Include those wase witlib the C-R District located east of Ana"
helm Boulevard/Haster Street and those areae within the C-R District located south of SECTION 6. PENALTY.
Wilken Way.
.040 Option to Use Underlying Zone. The provisions of this section shall not apply to
parcels that have bean or are proposed to be developed entirely pursuant to the underly -
Ing C-R 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 requvee properties that develop adjacent to residential zones to
meet additional setback and height restrictions.
Except as may otherwise be expressly provided, anperson who violates any provi-
i of thio ordinance in of a misdemeanor and shall, upon conviction thereof, be
ished in the manna pred in Section 1.01.370 of the Anaheim Municipal Code.
SECTION 7. SEVERABILITY
The City Council of the City of Anaheim declares that should any section, paragraph,
or word of this ordinance heroby adopted be declared for any reason to be mva-
ntent of the Council this it would have passed all other portions of this ordi-
nce of the elimination here from of any such portion as may be declared in -
,a _ ,
SECTION 8. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or amendment of any other ordi-
nance 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, litxnse 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 ordi-
nance 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 Coun-
cil of the City of Anaheim held on the 26th day of February, 2008, and thereafter passed
and adopted at a regular meeting of said City Council held on the 4th day of March, 2008,
by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring
NOES: Council Member Galloway
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By /s/ Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
/s/ Linda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM
Publish_ Anaheim Bulletin �tl]_73 2008 = 25-284