RES-2009-054RESOLUTION NO. 2009 -054
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AMENDMENT
NO. 13 TO THE ANAHEIM RESORT SPECIFIC PLAN
NO. 92 -2 (SPECIFIC PLAN AMENDMENT NO. 2008-
00055) AND AMENDING ORDINANCE NO. 5453
ACCORDINGLY.
WHEREAS, on April 29, 1986, City Council of the City of Anaheim adopted
Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of
Specific Plans for the coordination of future development within the City, and "Zoning and
Development Standards" when the Specific Plan includes zoning regulations and development
standards to be substituted for existing zoning under the Zoning Code, which "Zoning and
Development Standards" shall be adopted by ordinance independent of the rest of the Specific
Plan: and
WHEREAS, the City Council of the City of Anaheim adopted the Anaheim
Resort Specific Plan No. 92 -2 (SP92 -2) (hereinafter referred to as "ARSP No. 92 -2 on
September 27. 1994. to provide a long range, comprehensive plan for future development of
approximately 549 -acres within The Anaheim Resort. The Specific Plan includes zoning and
development standards, design guidelines and a public facilities plan, and permits the
development of hotel/motel, convention, retail and other visitor- serving uses; and
WHEREAS, in connection with the adoption of ARSP No. 92 -2, the City Council
certified Environmental Impact Report No. 313, with a Statement of Findings and Facts and a
Statement of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085;
and
WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599
amending Ordinance No. 5454 relating to ARSP No. 92 -2, Amendment No. 1, which amendment
revised the legal description and boundaries of the Anaheim Resort Specific Plan by
reclassifying and incorporating a 4.67 -acre parcel into the ARSP No. 92 -2 Zone; and
WHEREAS, Amendment No. 2 to the ARSP No. 92 -2, a request to amend the
zoning and development standards to add "Coffee House" as a conditionally permitted accessory
use in conjunction with an automobile service station, was denied by the Anaheim City 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Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant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
1
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
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WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6099
amending Ordinance No. 5453 relating to Amendment No. 9 to the ARSP No. 92 -2, to repeal
modifications to the Zoning and Development Standards, previously approved by Amendment
No. 8 to the ARSP No. 92 -2; and
WHEREAS, on February 20. 2008, Anaheim City Planning Commission approved
Specific Plan Amendment No. 10 to the ARSP No. 92 -2 to construct 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 and the petition was subsequently withdrawn by the
applicant; and
WHEREAS, on March 4, 2008, City Council adopted Ordinance No. 6098
amending Ordinance No. 5453 relating to Amendment No. 11 to the ARSP No. 92 -2 and to
amend the General Plan to generally prohibit residential development within The Anaheim
Resort unless such a project included environmental and economic analysis, city council
approval and voter approval at a city election; and
WHEREAS, on October 14, 2008, City Council adopted Ordinance No. 6117
amending Ordinance No. 5453 relating to Amendment No. 12 to the ARSP No. 92 -2 to
redesignate a 5.9 acre. "L shaped property at Ball Road and Walnut Street from Low- Density to
Medium Density to develop a 120 -room hotel; and
WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning
Commission did receive a verified Petition for Specific Plan Amendment No. 2008 -00055
(also referred to herein as the proposed "Amendment No. 13 to the ARSP No. 92 -2 and said
amendment is a proposal to create a new density category called "Low Medium Density
(Modified)." to (a) re- designate certain real property situated in The Anaheim Resort area of the
City of Anaheim. County of Orange, State of California as more particularly described in Exhibit
"A" attached hereto and incorporated by this reference from Low Medium Density to Low
Medium Density (Modified); (h) amend the Central Core and Special Intersection Landscape
Treatment to allow special landscape and hardscape treatments at the corner of Harbor
Boulevard and Katella Avenue; and (c) amend the sign code to allow a greater number and larger
signs that currently permitted by Code for hotels and accessory retail, allow a changeable copy
sign for hotel when not visible from street level subject to approval of a conditional use permit,
allow murals subject lo approval of a conditional use permit and allow building integrated multi
tenant signs subject to approval of a conditional use permit and as more particularly described in
Exhibits "C -1 through C -4" attached hereto and incorporated by this reference; and
WHEREAS, Exhibits "B" and "C -1 through C -4" depict the proposed Low
Medium Density (Modified) designation on the subject real property and show the changes to
ARSP No. 92 -2 proposed for amendment; and
WHEREAS, Specific Plan Amendment No. 2008 -00055 is proposed in
conjunction with General Plan Amendment No. 2008 00470; Amendment No. 4 to The Anaheim
Resort Public Realm Landscape Program (Miscellaneous Case No. 2009 00297); Conditional
Use Permit No. 2009- 05403; Variance No. 2008- 004761; Determination of Public Convenience
or Necessity No. 2009- 00056; and Final Site Plan No. 2008 -00004 to construct a nine story, 252
room hotel with 75.593 square feet of supporting retail, spa, nightclub, lounges, restaurants,
conference /meeting rooms and hotel offices (hereinafter the "Discretionary Actions and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009,
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 said proposed project actions, including Specific Plan Amendment No. 2008-
00(155, and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, at the time and place fixed for said public hearing, the Anaheim
Planning Commission did hold and conduct such public hearing and did give all persons
interested therein an opportunity to be heard and did receive evidence and reports, and did
consider the same; and
WHEREAS, the Planning Commission, on March 2, 2009 considered and
approved the proposed Amendment No. 13 to the ARSP No. 92 -2 and recommended to the City
Council that it adopt an ordinance approving said proposed amendment; and
WHEREAS, the Planning Commission has reviewed the Discretionary Actions
and did find and determine that the Mitigated Negative Declaration and the associated Mitigation
Monitoring Program No. 156 is adequate to serve as the required environmental documentation
in connection with this request upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the Mitigated Negative Declaration
together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment; and
WHEREAS. the City Council did fix the 31st day of March, 2009, as the time,
and the City Council Chamber in the Civic Center as the place for a public hearing on said
proposed Amendment No. 13 to the ARSP No. 92 -2 and did give notice thereof in the manner
and as provided by law; and
WHEREAS, on March 31, 2009, 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 at said hearing; and
WHEREAS, the City Council, as lead agency for purposes of the California
Environmental Quality Act, having reviewed the Discretionary Actions, does hereby find and
determine that the Mitigated Negative Declaration and the associated Mitigation Monitoring
Program No. 156 is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgment
of the lead agency and that it has considered the Mitigated Negative Declaration together with
any comments received during the public review process and further finding on the basis of the
4
initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
WHEREAS. the City Council does find, after careful consideration of all
evidence and reports submitted to said Commission, and all evidence and reports offered at said
public hearing, that all of the findings set forth in Section 18.72.060 of the Anaheim Municipal
Code required for the recommendation for approval of said specific plan amendment are present
for the following reasons:
1 The property proposed for the specific plan amendment is located in the Anaheim
Resort Specific Plan. an area of the City that is designated for tourist and visitor serving uses.
The property proposed for re- designation to the Low Medium Density (Modified) density
category is located at the intersection of Katella Avenue and Harbor Boulevard, the two major
streets in the central core of The Anaheim Resort and in close proximity to the Disneyland
Resort and the Anaheim Convention Center; and
2. The specific plan amendment is consistent with the goals and policies of the
General Plan, subject to, and dependent upon, the approval of General Plan Amendment No.
2008- 00470, now pending, to re- designate the property located at 1820 South Harbor Boulevard
to the "Low Medium Density (Modified) density category. The specific plan amendment is also
consistent with the purposes. standards and land use guidelines of the General Plan, as amended,
in that the subject properties located in the Anaheim Resort Specific Plan are designated by the
General Plan for Commercial Recreation land uses and the proposed project located at 1820
South Harbor Boulevard is for hotel development;
3. That the specific plan amendment results in development of desirable character
that will he compatible with existing and proposed development in the surrounding
neighborhood since a hotel complex is proposed with a mix of uses that would complement the
surrounding tourist oriented land uses; the establishment of special hardscape and landscape
standards will enhance the pedestrian experience at this heavily pedestrian- oriented intersection;
and appropriate modifications to hotel and accessory uses sign standards will provide greater
flexibility and identification for hotels and accessory uses located on corner properties within the
ARSP: and
4. That the specific plan amendment contributes to a balance of land uses throughout
the City by increasing the development opportunity of an important commercial intersection
within The Anaheim Resort, thereby encouraging commercial land uses at a location identified in
the General Plan; and
5. That the specific plan amendment respects environmental, aesthetic and historic
resources consistent with economic realities because the hotel and accessory uses will be
constructed on a previously developed property that has been partially demolished and that has
no sensitive environmental issues, or significant aesthetic or historic value.
NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to the
above findings, does hereby approve Specific Plan Amendment No. 2008 00055, as described
above, and as shown in Exhibit "B" and Exhibits "C -1 through C -4" attached hereto and
incorporated herein by this reference.
BE IT FURTHER RESOLVED that the approval of Amendment No. 13 to the
Anaheim Resort Specific Plan (SPN2008- 00055) is subject to the approval of General Plan
Amendment No. 2008- 00470.
BE IT FURTHER RESOLVED that, except as expressly amended herein,
Ordinance No. 5453. as previously amended, shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 31st day of March 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring
NOES:
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
72449. v 2 /MGordon
Council Member Galloway
CITY CLERK OF THE CITY OF AN HEIM
CITY OF AHEIM
By:
MAYOR OF THE CITY ANAHEIM
6
EXHIBIT "A"
SPECIFIC PLAN AMENDMENT NO. 2008 -00055
r
KATELLA AVE
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
10715
EXHIBIT "B"
SPECIFIC PLAN AMENDMENT NO. 2008-00055
Commercial Recreation (C -R) District
Development Density Plan
r
OM!
Feet
MAGIC WAY
KATELLA AVEL
CCNVENTION
f EWOOD AVE
m
O
WIL•KEN WAY
1
r. =El
Designated for Future Extension in
General Plan Circulation Element
Anaheim City Boundary
The Anaheim Resort Boundary
Key to Features
Low Density: Up to 50 Hotel Rooms /Gross Acre
or 75 rooms per parcel, whichever is greater
Low Medium Density: Up to 75 Hotel Rooms/
Gross Acre or 75 rooms per parcel, whichever is greater
S Low Medium Density (Modified): Up to 252 Hotel
Rooms with 75,593 square feet of accessory uses.
Medium Density: Up to 100 Hotel Rooms /Gross Acre
or 75 rooms per parcel, whichever is greater
Convention Center Medium: Up to
125 Hotel Rooms /Gross Acre or 75
rooms per parcel, whichever is greater
*With trip generation characteristics mitigated to the equivalent
of 100 rooms per gross acre.
City of Anaheim
Planning GIS
March 2, 2009
2905
EXHIBIT "C"
SPECIFIC PLAN AMENDMENT NO. 2008-00055
EXHIBIT "C -1"
Section 1.0: Executive Summary, Exhibit 1.7.c C -R District Development Density Summary Tabulation
and
Section 3.0: Land Use Plan, Exhibit 3.3.3a C -R District Development Density Summary Tabulation
C -R District Development Density Summary Tabulation
Density Maximum Approximate Existing Maximum
Designation Density* Acres Hotel/Motel Hotel/Motel
(rounded) Rooms Rooms*
Low Up to 50 94 2,363 6,257
room s /ac re
Low Medium Up to 75 183.5 4,804 13,341
rooms /acre
Low Medium Up to 378 Hotel 2.5 79 378
(Modified) Rooms
Medium Up to 100 20 422 1,920
rooms /acre
Convention Up to 125
Center (CC) rooms /acre
Medium
58 3220 6,926
Total 358 10,888 28,882
*The maximum density for each lot or parcel is the number of hotel /motel rooms /acre noted in this
table or 75 rooms per lot/parcel existing on the date of adoption of the Anaheim Resort Specific Plan,
whichever is greater. For parcels that are developed with hotel or motel rooms which exceed the
maximum density designation, the number of rooms existing on the date of adoption of the Anaheim
Resort Specific Plan may be rebuilt or modified at their existing density. Due to the enhanced
ultimate right -of -way required by adopted General Plan Amendment No. 331 for Harbor Boulevard
(12 feet), Katella Avenue (23 feet), Freedman Way (1 1 1/2 feet) and West Street /Disneyland Drive
north of Ball Road (10 feet) and between Cerritos Avenue and Katella Avenue (2' feet), to
implement the Public Realm streetscape program, properties along these streets may include the
additional right -of -way widths In their property acreage when computing density.
*The maximum number of hotel /motel rooms includes the existing 507 -room Paradise Pier Hotel.
The 378 Hotel rooms is equivalent to 252 Hotel Rooms with 75,593 square feet of accessory uses
as depicted on the Commercial Recreation (C -R) District Development Density Plan.
*The trip generation characteristics of these hotel /motel rooms shall be mitigated to the equivalent
of 100 rooms per gross acre
Section 1.0: Executive Summary, Exhibit 1.7d C -R District Development Density Plan
and
Section 3.0: Land Use Plan, Exhibit 3.3.3b C -R District Development Density Plan
MAGIC WY
9
10
0
a1
CONVENTpN WY
ORANGEw000 AVE
:esigndted fc =.it_ne Ewtersic r
Gene al ='ian C culatior Element
Areheir- ty ?oJr da
he A,rahem :eso ?co., .car,
"iiit t generato- ch. a:*,erstc ni^ya•:ec-,- a
eq. !vale cf 100 on oe gross ec•e
EXHIBIT "C -2"
Commercial Recreation (C -R) District Development Density Plan
G o soo i,oac
Ant
Low Density: Up to 50 Motel Rooms/Gross Acre
or 75 rooms per parcel, whichever is greater
Low Medium Density: Up to 75 Hotel Rooms/
Gross Acre or 75 .00ms per parcel, whichever is treater
Low Medium Density (Modified): Up to 252 Motel
Rooms tooth 75,593 square feet of accessory uses.
Methuen Density: Up to 100 Hotel Rooms/Gloss Ac
at 75 i ooms per parcel, whichever is greater
Convention Center Medium: Up to
:25 Hotel Rooms/Gross Acre o 75
roams per parcel. whrcheve is greater"
Va 2. 20479
Amendment No 11
Section 3.0: Land Use Plan, Exhibit 3.3.4a Central Core Plan
111 1•11m..!..
1 _J
AG" A OC WY
Central Core Plan
BALL AO
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Ovnitheir Res: Seciic Plan 3°u-rod
The sc -7' Bounden
A-dheir City Bourcidi
Designated fo Fut- Extension
Genet dl C culdt o-
NINA
EXHIBIT "C-3"
1
SNEY ,W Y
4,111•11
o-
n
Ce-t-d1 Core (Standards and guidelines
apply to prope-ties with fiontagie along
hese xitto-s of Kateild Ave---te
dnd hd-bo• Bodd
Special Landscaped Inte-secoons
descrbed .n Sect o- 563.4 of t-e
Specific Plan oc_ Tient
Hdtba BoutevercliKeteltd Awnue
Ce-tnil Core Intersection Aped
Sect c- 5 6.3.4d':
LJ
e r 1 .1 330
\larch 2,
ie^dinent '40 13
Section 5.0: Design Plan, Exhibit 5.3.4a Landscape Concept Diagram for Anaheim Resort Public Realm
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Steers with Landsceoe Ned e
Ldnoscnce C Dss Secoen Location ;Sete:
tag dr des not s-cw Lccal Steet'ccations.
EXHIBIT "C -4"
13
alum,
landscape Concept Diagram for Anaheim Resort Public Realm
Pelm c Vert Tees
Alternating Trees text)
Rows of Palms
1
S --all. Medium D LegeCerID7, Trees :see text;
Har BouievarxitKatelta,'wenue
Central Cage :ntelsection Anee ',See Section 1.4 of
7 Andhe{r+ Reset Public Realrr 1.0-dsc.De P ogla'n:
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