RES-2007-225RESOLUTION NO. 2007- 225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM REPEALING RESOLUTION NO. 2007 -052 AND
RESCINDING APPROVAL OF THE ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION AND UPDATED AND
MODIFIED MITIGATION MONITORING PROGRAM
HERETOFORE APPROVED IN CONNECTION WITH ANAHEIM
GENERAL PLAN AMENDMENT NO. 2006 -00448 AND
AMENDMENT NO. 8 TO THE ANAHEIM RESORT SPECIFIC
PLAN
WHEREAS, the Anaheim City Council adopted the Anaheim General Plan by
Resolution No. 69R -644, showing the general description and extent of possible future development
within the City; and
WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004 -95,
adopted a comprehensive update to the General Plan of the City of Anaheim; 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 minim 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, pursuant to Chapter 18.68 of the Anaheim Municipal Code, 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
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
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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, Anaheim City Council 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
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
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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, in accordance with the referendum petition and the provisions of Section
9241 of the Elections Code of the State of California, the City Council desires to repeal Resolution
No. 2007 -053 and General Plan Amendment No. 2006 00448, and, in conjunction therewith, desires
to repeal Resolution No. 2007 -052 and thereby rescind its prior approval of the Addendum.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
That Resolution No. 2007 -052 heretofore approving the Addendum be, and the same
is hereby, repealed in its entirety.
That City Council approval of the Addendum is hereby rescinded in its entirety and
for all purposes.
effect.
SECTION 1.
SECTION 2.
SECTION 3.
That Resolution No. 2007 -052 and the Addendum shall be of no further force or
SECTION 4.
That nothing contained herein shall be deemed to have any effect upon Amendment
No. 7 to the ARSP or the use of the MND in conjunction with Amendment No. 7.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 27th day of November, 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sid u, Kring
NOES: Council Members Hernandez, Galloway
ABSENT: NONE
ABSTAIN: NONE
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ATTEST:
F ANAHEIM
CITY CLERK OF THE C
65805.4
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CITY OF ANAHEIM
By
MAYOR OF THE C OF AHEIM