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RES-2007-202RESOLUTION NO. 2007 -202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ANAHEIM 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, AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008, AS CALLED BY CITY COUNCIL RESOLUTION NO. 2007- 161. WHEREAS, under the provisions of Section 1303 of the Anaheim City Charter and Section 9214 of the Elections Code of the State of California, the City Council of the City of Anaheim has received a duly signed and certified initiative petition containing the signatures of not less than fifteen percent (15 of the voters of the City according to the last report of registration by the county elections official to the Secretary of State pursuant to Sections 2187 of the Elections Code of the State of California, which initiative petition generally prohibits residential development in the area of the City of Anaheim designated as the Anaheim Resort without environmental and economic analyses, city council approval, and city voter approval at a city election (the "initiative measure and WHEREAS, the City Council has not adopted the initiative measure in accordance with Section 9214(a) of the Elections Code of the State of California and, therefore, is required to call and hold a special election for the consideration of said initiative measure by the voters of the City of Anaheim; and WHEREAS, the City Council has heretofore adopted its Resolution No. 2007 -161, calling and giving notice of the holding of a special municipal election to be held within the City of Anaheim on Tuesday, June 3, 2008, and has requested that said special municipal election be consolidated with the statewide primary election to be held on said date pursuant to Section 10403 of the Elections Code of the State of California; WHEREAS, the City Council desires to submit said initiative measure to the voters of the City of Anaheim at said special municipal election to be held on Tuesday, June 3, 2008, which election date is within 180 days of the date an election on said initiative measure is otherwise required to be held under Section 1405 of the Elections Code of the State of California; and WHEREAS, pursuant to the provisions of Section 1405(a)(1) of the Elections Code of the State of California, the City Council is authorized to set and hold the election regarding said initiative measure on the date of the special municipal election herein set forth. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of Section 1303 of the Anaheim City Charter, and Sections 9214 and 1405 of the Elections Code of the State of California, it is hereby ordered that the initiative measure identified and described herein shall be submitted to the voters of the City of Anaheim at the special municipal election to be held in the City of Anaheim, California, on Tuesday, June 3, 2008, and that the form of the question to be submitted to the voters concerning said initiative measure shall be as follows: Shall the initiative ordinance to generally prohibit residential development within the Anaheim Resort without environmental and economic analyses, city council approval, and city voter approval at a city election, be adopted? YES NO SECTION 2. That the complete text of the initiative measure hereby submitted to the voters of the City of Anaheim is attached as Exhibit A hereof and is incorporated herein by this reference. SECTION 3. That in all particulars not recited in this resolution, the election regarding said initiative measure shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County elections department of the County of Orange. 2 SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of October, 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring NOES: Council Member Galloway ABSENT: NONE ABSTAIN: NONE ATTEST: C Y CLERK OF THE CI 66435.3 ANAHEIM 3 CITY OF ANAHEIM By MAYOR OF THE IT OF ANAHEIM ANAHEIM RESORT EXHIBIT A The People of the City of Anaheim do ordain as follows: [New wording is in bold italics; deleted wording is shown in strike- through; existing wording is in regular text] Section 1. The General Plan of the City of Anaheim shall be amended to include the following new section in the General Plan Introduction following the end of the "Plan Features" section of the General Plan Introduction: The Anaheim Resort area, including the Anaheim Resort Specific Plan area, the Disneyland Resort Specific Plan area and the Hotel Circle Specific Plan area, is critical to the health of the local Anaheim economy. Maintaining the Anaheim Resort area for visitor serving uses will provide for long -term funding of important City services including police and fire services. The permitted and conditionally permitted land uses and the boundaries of the Anaheim Resort area, including the Anaheim Resort Specific Plan, the Disneyland Resort Specific Plan and the Hotel Circle Specific Plan, may only be amended or modified by (i) completion of an Environmental Impact Report prepared in accordance with the requirements of the California Environmental Quality Act, (ii) completion of a long-term economic impact analysis of the proposed change by an independent financial advisor retained by the City, (iii) approval by the City Council, and (iv) approval by a majority of voters of the City of Anaheim at a regularly- scheduled municipal election. Land uses permitted or conditionally permitted within the Anaheim Resort area shall be limited to theme parks, hotels, motels, vacation ownership resorts, convention and conference facilities, as well as restaurants, retail and entertainment facilities and other visitor-serving uses and other ancillary and related uses, as provided for in the Anaheim Resort Specific Plan, the Disneyland Resort Specific Plan and the Hotel Circle Specific Plan, in effect as of March 19, 2007. Residential uses are not compatible with visitor serving uses and shall not be permitted or conditionally permitted in the Anaheim Resort area, except that residential uses fully integrated into full service hotels having at least 300 hotel rooms may be conditionally permitted in limited areas of the Anaheim Resort Specific Plan area as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007, and except as permitted by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007. Due to the importance of the Anaheim Resort area to the City of Anaheim, land currently situated within the boundaries of each of the Anaheim Resort Specific Plan, the Disneyland Resort Specific Plan or the Hotel Circle Specific Plan shall not be removed from the boundaries of the respective specific plan. The boundaries of the Anaheim Resort Specific Plan area, the Disneyland Resort Specific Plan area and the Hotel Circle Specific Plan area shall be those boundaries in effect on March 19, 2007. Section 2. The Land Use Plan of the Land Use Element of the General Plan of the City of Anaheim shall be amended by revising the definition of "Commercial Recreation" in the Commercial Designations section as follows: Commercial Recreation The Commercial Recreation land use designation applies to The Anaheim Resort. The designation is intended to provide for tourist and entertainment related industries, such as theme parks, hotels, tourist- oriented retail, movie theaters, and other visitor serving facilities. Due to the importance of maintaining the Anaheim Resort area for visitor serving uses, residential uses are only conditionally permitted in limited areas of the Anaheim Resort Specific Plan area as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 (relating to residential uses fully integrated into full service hotels having at least 300 hotel rooms), and are also permitted as provided by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007. The Commercial Recreation designation is implemented by various Specific Plan Zones in The Anaheim Resort, which further define the maximum development activity. Recognizing that the presence of non visitor serving uses, such as residential uses, in the Anaheim Resort would be incompatible with the overall goals relating to the Anaheim Resort and the Commercial Recreation designation, no residential uses other than (i) those permitted in limited areas of the Anaheim Resort Specific Plan area as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 (relating to residential uses fully integrated into full service hotels having at least 300 hotel rooms), and (ii) those permitted as provided by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as. of March 19, 2007, shall be permitted in the Anaheim Resort area without (i) completion of an Environmental Impact Report prepared in accordance with the requirements of the California Environmental Quality Act, (d) completion of a long -term economic impact analysis of the proposed change by an independent financial advisor retained by the City, (iii) approval by the City Council, and (iv) approval by a majority of voters of the City of Anaheim at a regularly scheduled municipal election. Section 3. Section 3.0: Land Use Plan of the Anaheim Resort Specific Plan shall be amended by adding a new Section 3.3.5 to read as follows: Section 3.3.5 Non Visitor Serving Uses In order to foster the establishment and growth within the Anaheim Resort of tourist, convention and entertainment- related industries, such as theme parks, hotels, motels, vacation ownership resorts, tourist oriented retail and entertainment, restaurants, movie theaters, convention and conference facilities and other visitor serving facilities, and recognizing that the presence of non visitor serving uses in the Anaheim Resort would be incompatible with this goal, residential uses may only be permitted in limited areas of the Anaheim Resort Specific Plan area as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 (conditionally permitting residential uses in conjunction with the development of a full service hotel having at least 300 hotel rooms and where (i) hotel uses comprise at least half of the site density, (ii) residential uses on the site are fully integrated into the hotel, and (iii) adjacent to public rights -of- way, residential uses are at least two stories or 25 feet above ground level), and residential uses are also permitted as provided by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007. No other residential uses shall be incorporated into the Commercial Recreation land use designation and/or allowed within the Anaheim Resort Specific Plan area without (i) completion of an Environmental Impact Report prepared in accordance with the requirements of the California Environmental Quality Act, (ii) completion of a long -term economic impact analysis of the proposed change by an independent financial advisor retained by the City, (iii) approval by the City Council, and (iv) approval by a majority of voters of the City of Anaheim at a regularly scheduled municipal election. Section 4. Section 18.116.025 shall be added to the Anaheim Zoning Code as follows: 18.116 025 Changes to Specific Plan Boundaries. The Anaheim Resort Specific Plan boundaries shall only be amended or modified by (i) completion of an Environmental Impact Report prepared in accordance with the requirements of the California Environmental Quality Act, (ii) completion of a long -term economic impact analysis of the proposed change by an independent financial advisor retained by the City, (iii) approval by the City Council, and (iv) approval by a majority of voters of the City of Anaheim at a regularly scheduled municipal election. Section 5. Section 18.116.075 shall be added to the Anaheim Zoning Code as follows: 18.116.075 Residential Uses /Amendments. Residential uses may only be conditionally permitted in limited areas of the Anaheim Resort Specific Plan area as specifically provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 and may also be permitted as provided by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007. No other residential uses shall be incorporated into the Commercial Recreation land use designation and/or allowed within the Anaheim Resort Specific Plan area and no amendment to the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007, shall be approved without (i) completion of an Environmental Impact Report prepared in accordance with the requirements of the California Environmental Quality Act, (ii) completion of a long- term economic impact analysis of the proposed change by an independent financial advisor retained by the City, (iii) approval by the City Council, and (iv) approval by a majority of voters of the City of Anaheim at a regularly scheduled municipal election. Section 6. Severability. If any section, subsection, sentence, phrase, or clause of this initiative is declared invalid by a court of competent jurisdiction, the remaining sections, subsections, sentences, phrases and clauses shall remain valid and enforceable. The voters declare that they would have passed all sections, subsections, sentences, phrases and clauses of this initiative without the section, subsection, phrase or clause declared invalid by a court of competent jurisdiction. Section 7. Consistency with Other Ballot Measures. If another ballot measure is placed on the same ballot as this measure and deals with the same subject matter, and if both pass, the voters intend that both measures shall be put into effect, except to the extent that specific provisions of the measures are in direct conflict. In the event of a direct conflict, the measure which obtained more votes will control as to the directly conflicting provisions only. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Section 8. Construction. Nothing herein shall be construed to make illegal any lawful use presently being made of any land in accordance with the land use regulations in force and effect at the time of filing of the Notice of Intent to Circulate Petition. Section 9. Amendments. No provision of this initiative may be amended or repealed except by a vote of the people of the City of Anaheim. Section 10. Conflict. If any provisions of this initiative conflict with any provision of the City of Anaheim General Plan or the Anaheim Municipal Code, the provisions of this initiative shall supersede any conflicting provisions. Section 11. General Plan Implementation. Upon the effective date of this initiative measure, the General Plan amendments contained herein are hereby inserted into the City of Anaheim General Plan as amendments thereof; provided, however, that if it is determined that Government Code Section 65358, subdivision (b) applies to general plan amendments adopted by the voters and the maximum number of general plan amendments permitted by state law for a given calendar year have already been enacted prior to the effective date of this initiative measure, the General Plan amendments adopted by this initiative shall be inserted into the City of Anaheim General Plan at the earliest possible date that any general plan amendment can be inserted in the City of Anaheim General Plan but in any event not later that January 1 of the year following adoption of this initiative. The foregoing notwithstanding, the amendments to the City of Anaheim Zoning Code shall be effective upon adoption of this initiative. Section 12. Consistency. To the extent permitted by law, the voters of the City hereby authorize and direct the City to amend any elements or provisions of the City of Anaheim General Plan and Anaheim Municipal Code and all other City ordinances, policies, and implementation programs or policies, as soon as possible, in order to implement this initiative and to ensure consistency and correlation between this initiative and other elements of the City of Anaheim General Plan and Anaheim Municipal Code. This enabling legislation shall be interpreted broadly to promote the requirement that a general plan constitute an integrated and consistent document. Section 13. Special Election. If this initiative petition is signed by not less than 15% of the voters of the City of Anaheim, those voters hereby demand that the City Council adopt the initiative or submit the initiative to the voters at a special election called for that purpose pursuant to California Elections Code Section 9214.