6117ORDINANCE NO. 6117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING ORDINANCE NO. 5454, AS
PREVIOUSLY AMENDED, RELATING TO THE
ANAHEIM RESORT SPECIFIC PLAN (AMENDMENT
NO. 12 TO THE ANAHEIM RESORT SPECIFIC PLAN NO.
92-2).
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 18.1161 to said Code]; and
WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599
amending Ordinance No. 5454 relating to ARSP No. 92-2, Amendment No. 1, which amendment
revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying
and incorporating a 4.67 -acre parcel into the ARSP No. 92-2 Zone; and
WHEREAS, Amendment No. 2 to the ARSP No. 92-2, a request to amend the
zoning and development standards to add "Coffee House" as a conditionally permitted accessory
use in conjunction with an automobile service station, was denied by the Planning Commission on
October 12, 1998, and the petition was subsequently withdrawn by the applicant at the January 26,
1999, City Council meeting; and
WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685
amending Ordinance No. 5453 relating to Adjustment No. 1 to the ARSP No. 92-2, which
adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the
Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local
street status of Convention Way; and
WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5694
amending Ordinance Nos. 5454 relating to Amendment No. 3 to ARSP No. 92-2, which amendment
revised the legal description and boundaries of the ARSP by reclassifying and incorporating a 0.73 -
acre parcel into the ARSP No. 92-2 Zone; and
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703
relating to Adjustment No. 2 to the ARSP No. 92-2, which adjustment amended the Zoning and
Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the
minimum landscape setback requirement for properties adjacent to Manchester Avenue between
Katella Avenue and the southern boundary of the ARSP Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating
to Adjustment No. 3 to the ARSP No. 92-2, which adjustment amended the Zoning and
Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to
temporary parking requirements; and
WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910
amending Ordinance No. 5453 relating to Adjustment No. 4 to the ARSP No. 92-2, which
adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the
Anaheim Municipal Code relating to office uses in a legal non -conforming building; and
WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922
amending Ordinance No. 5454 relating to Amendment No. 5 (which also incorporates Amendment
No. 4) to the ARSP No. 92-2, which amendment revised the legal description and boundaries of the
ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92-2 Zone; and
WHEREAS, on February 8, 2005, the City Council adopted Ordinance No. 5954
amending Ordinance No. 5453 relating to Amendment No. 6 to the ARSP No. 92-2, which
amendment modified the Zoning and Development Standards pertaining to the establishment of
mini-market/convenience markets as accessory uses in conjunction with a relocated service station
and prohibition of tow truck operations in conjunction with service station facilities; and
WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036
amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which
amendment modified the Zoning and Development Standards pertaining to the establishment of an
ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential units
in conjunction with high-quality, luxury hotels within targeted areas; and
WHEREAS, on May 8 2007, the City Council adopted Ordinance No. 6058
amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92-2, which
amendment relates to modifications to the Zoning and Development Standards pertaining to
development criteria for wholly -residential development within the ARR Overlay on a designated
26.7 acre site within the ARSP Area; and
WHEREAS, on February 20, 2008 the Planning Commission approved Specific Plan
Amendment No. 10 to the ARSP No. 92-2 to permit construction of a mixed use project consisting of
a 105 -room hotel on the western 1.5 -acre portion of the project site adjacent to Harbor Boulevard, and
a 191 -unit, condominium complex, including nine live/work units, on the eastern 3.3 -acre portion of
the project site, which petition was subsequently withdrawn by the applicant; and
WHEREAS, on March 4, 2008, the City Council, pursuant to the provisions of
Section 1303 of the Anaheim City Charter and Section 9214 of the Elections Code of the State of
California, approved Ordinance No. 6098 adopting an initiative measure generally prohibiting
residential development within The Anaheim Resort without environmental and economic analyses,
city council approval, and city voter approval at a city election (designated as Amendment No. 11 to
the ARSP No. 92-2); and
WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6099
amending Ordinance No. 5453, to repeal modifications to the Zoning and Development Standards as
heretofore approved by Ordinance 6058 relating to Amendment No. 8 to the ARSP No. 92-2
(designated as Amendment No. 9 to the ARSP No. 92-2); and
WHEREAS, Amendment No. 12 to the ARSP No. 92-2 (also designated as "Specific
Plan Amendment No. 2007-00051") pertains to that certain real property situated in The Anaheim
Resort area of the City of Anaheim, County of Orange, State of California, as more particularly
shown in Exhibit "A" attached hereto and incorporated herein by this reference (the "Subject
Property"); and
WHEREAS, Amendment No. 12 to the ARSP No. 92-2 proposes to amend Exhibit
3.3.3b (Commercial Recreational District - Development Density) of the Anaheim Resort Specific
Plan document, a copy of which is attached hereto as Exhibit "B" for reference, to increase the hotel
development density for the Subject Property from "Low Density," which allows up to fifty (50)
hotel/motel rooms per gross acre, to "Medium Density," which allows up to seventy-five (75)
hotel/motel rooms per gross acre.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDIAN AS FOLLOWS:
SECTION 1.
That the City Council of the City of Anaheim does hereby approve Amendment No.
12 to the ARSP No. 92-2 to amend Exhibit 3.3.3b (Commercial Recreational District -
Development Density) of the Anaheim Resort Specific Plan document, a copy of which is attached
hereto as Exhibit `B" for reference, to increase the hotel development density for the Subject
Property from "Low Density," which allows up to fifty (50) hotel/motel rooms per gross acre, to
"Medium Density," which allows up to seventy-five (75) hotel/motel rooms per gross acre.
SECTION 2.
That, except as expressly amended herein, Ordinance No. 5454, as previously
amended, shall remain in full force and effect.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal 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 hereof, nor be construed as a waiver of any license or penalty
or the penal provisions applicable to any violation thereof. The provisions of this 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.
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..
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 30th day of September , 2008, and thereafter
passed and adopted at a regular meeting of said City Council held on the14th day of
October_ , 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF AHEIM
By
MAYOR OF THE CITY OF NAHEIM
ATTEST:
CITY CLERK OF THE CITY 4 ANAHEIM
705 35. v 1 /MGordon
EXHIBIT "A"
r�
J
o
a
BALL RD
240'
0
00
34 5'
0
N
603.72'
GDODHUE AVE
Source: Recorded Trad Maps andlorCity GIS.
—
Please note the accuracy is+l- tvvotofiveieet.
EXHIBIT "B"
0
Subject Property
Commercial Recreation District -Development Density
-' lour Density: Lp to50 Hertel Rooms/C— Acre
... ..: or 75 roans per parcel, wHcFeoer is greater
Lour -Medium Density: L4 to 75 Hotel P,—,/Gras Acre
-- - a 75 mans per parcel, wHcl ever is greater
Mediae D—ityc L¢ to 100 Fbtel Rooms/Cres Ane
--.- a 75 mans per parcel, wiicl-over is greater
C. --hien Gntor Medium: W to 125 Fbtel Rooms/Gas A—
.- - or 7 5 mans per parcel, wHctever is great or
The Anaheim Resort
-1-
10582
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:
October 23, 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: October 23, 2008
Signat
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
ORDINANCE NO. 6117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5454, AS PREVIOUSLY AMENDED, RELATING TO THE ANAHEIM RE-
SORT SPECIFIC PLAN (AMENDMENT NO. 12 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2).
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 18.1161 to said Code]; and
WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to ARSP No. 92-2, Amendment No. 1, which amendment revised
the legal description and boundaries of the Anaheim Resort Speck Plan by reclassifying and incorporating a 4.67 -acre parcel into the ARSP No. 92-2 Zone; and
WHEREAS, Amendment No. 2 to the ARSP No. 92-2, a request to amend the zoning and development standards to add "Coffee House" as a conditionally permitted accessory use
in conjunction with an automobile service station, was denied by the Planning Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant at the
January 26,1999, City Council meeting; and
WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the ARSP No. 92-2, which adjustment
amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local
street status of Convention Way; and
y WHEREAS, on July 27,1999, the City Council adopted Ordinance No. 5694 amending Ordinance Nos. 5454 relating to Amendment No. 3 to ARSP No. 92-2, which amendment re-
vised the legal description and boundaries of the ARSP by reclassifying and incorporating a 0.73 -acre parcel into the ARSP No. 92-2 Zone; and
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the ARSP No. 92-2, which adjustment amended the Zoning anc
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 Ave
nue between Katella Avenue and the southern boundary of the ARSP Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the ARSP No. 92-2, which adjustment amended the Zoning and Develop-
ment 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 ARSP No. 92-2, which adjustment
amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal nonconforming building; and
WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5454 relating to Amendment No. 5 (which also incorporates Amendment No.
4) to the ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92-2 Zone; and
WHEREAS, on February 8, 2005, the City Council adopted Ordinance No. 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the ARSP No. 92-2, which amend-
ment modified the Zoning and Development Standards pertaining to the establishment of mini-market/convenience markets as accessory uses in conjunction with a relocated service
station and prohibition of tow truck operations in conjunction with service station facilities; and
WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which amend-
ment modified the Zoning and Development Standards pertains to the establishment of an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential
units in conjunction with high-quality, luxury hotels within targeted areas; and
WHEREAS, on May 8 2007, the City Council adopted Ordinance No. 6058 amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92-2, which amendment re-
lates to modifications to the Zoning and Development Standards pertaining to development criteria for wholly -residential development within the ARR Overlay on a designated 26.7 acre
site within the ARSP Area; and
WHEREAS, on February 20, 2008 the Planning Commission approved Specific Plan Amendment No. 10 to the ARSP No. 92-2 to permit construction of a mixed use project consist-
ing of a 105 -room hotel on the western 1.5 -acre portion of the project site adjacent to Harbor Boulevard, and a 191 -unit, condominium complex, including nine live/work units, on the
eastern 3.3 -acre portion of the project site, which petition was subsequently withdrawn by the applicant; and
WHEREAS, on March 4, 2008, the City Council, pursuant to the provisions of Section 1303 of the Anaheim City Charter and Section 9214 of the Elections Code of the State of Califon
nia, approved Ordinance No. 6098 adopting an initiative measure enerally prohibiting residential development within The Anaheim Resort without environmental and economic analy
ses, city council approval, and city voter approval at a city election des gnated as Amendment No. 11 to the ARSP No. 92-2); and
WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6099 amending Ordinance No. 5453, to repeal modifications to the Zoning and Development Standards ae
heretofore approved by Ordinance 6058 relating to Amendment No. 8 to the ARSP No. 92-2 (designated as Amendment No. 9 to the ARSP No. 92-2); and
WHEREAS, Amendment No. 12 to the ARSP No. 92-2 (also designated as "Specific Plan Amendment No. 2007.00051') pertains to that certain real property situated in The Ana-
heim Resort area of the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit "A' attached hereto and incorporated herein by this reference (the
"Subject Property"); and
WHEREAS, Amendment No. 12 to the ARSP No. 92-2 proposes to amend Exhibit 3.3.3b (Commercial Recreational District - Development Density) of the Anaheim Resort Specific
Plan document, a copy of which is attached hereto as Exhibit B" for reference, to increase the hotel development density for the Subject Property from "Low Density," which allows up
to fifty (50) hotel/motel rooms per gross acre, to 'Medium Density," which allows up to seventy-five (75) hoteltmotel rooms per gross acre.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDIAN AS FOLLOWS:
SECTION 1.
That the City Council of the City of Anaheim does hereby approve Amendment No. 12 to the ARSP No. 92-2 to amend Exhibit 3.3.3b (Commercial Recreational District - Develop-
ment Density) of the Anaheim Resort Specific Plan document, a copy of which is attached hereto as Exhibit "B" for reference, to increase the hotel development density for the Subject
Property from "Low Density," which allows up to fifty (50) hotel/motel rooms per gross acre, to 'Medium Density,' which allows up to seventy-five (75) hotel/motel rooms per gross
acre.
SECTION 2.
That, except as expressly amended herein, Ordinance No. 5454, as previously amended, shall remain in full force and effect.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be
declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal 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 hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this or-
dinance, 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.
SECTION 5. PENALTY
Except as may otherwise ba expressI provided, arty person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punish-
ed in the manner provided in Section 1.01.370 of the Anaheim Municipal Code..
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 30th day of September, 2008, and thereafter passed and
adopted at a regular meeting of said City Council held on the 14th day of October, 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By /a/ Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
/s/ Unda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM
Publish Anaheim Bulletin October 23 2008 8698255 -