Resolution-PC 2012-082RESOLUTION NO. PC201.2 -082
A RESOLUTION OF THE CITY OF ANAHEIM CITY PLANNING COMMISSION
RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENT NO. 14 TO
THE ANAHEIM RESORT SPECIFIC PLAN NO. 92 -2
(DEV2010- 00044)
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 ( "ARSP No. 92 -2" or "Anaheim Resort Specific Plan ") 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 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Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant at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
WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964
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
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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. 5920,
amending Title 18 of the Anaheim Municipal Code in its entirety. Said amendment included
Amendment No. 4 to the ARSP No. 92 -2, which renumbered the codification of the Zoning
Development Standards set forth in Chapter 18.48 to Chapter 18.116 and made modifications to
said chapter intended to streamline the project review process; and
WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922
amending Ordinance No. 5454 relating to Amendment No. 5 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 August 22, 2006, the City Council adopted Ordinance No. 6031,
amending Ordinance No. 5453, relating to Adjustment No. 5 to the ARSP No. 92 -2, which
amended the Zoning Development Standards in its entirety to provide consistent formatting with
Title 18 of the Anaheim Municipal Code along with minor modifications and clarifications; 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, on April 14, 2009, City Council adopted Ordinance No. 6141
amending Ordinance No. 5453 relating to Amendment No. 13 to the ARSP No. 92 -2 to create a
new density category for the Commercial Recreation (C -R) District, called "Low Medium Density
(Modified), modified Central Core and Special Intersection Landscape Treatment to allow special
landscape and hardscape treatments at the comer of Harbor Boulevard and Katella Avenue;
modified the sign code to allow a greater number and larger signs than currently permitted for
hotels and accessory retail; allowed changeable copy signs for hotels when not visible from any
public right -of -way, murals, and building integrated multi- tenant signs subject to approval of a
conditional use permit; and
WHEREAS, on June 5, 2012, City Council adopted Ordinance No. 6245 amending
Ordinance No. 5453 relating to Adjustment No. 6 to the ARSP No. 92 -2 to modify Code
references and terminology for Restaurants with Outdoor Dining, Restaurants with Accessory
Entertainment, Dance Venues, Massage Establishments, Amusement Devices, Amusement
Arcades and Health Clubs to be consistent with Chapters 18.16 (Regulatory Permits) and 18.92
(Definitions) of Title 18 (Zoning Code); and,
WHEREAS, in June 2008, City Council approved a contract with BonTerra
Consulting to prepare Supplemental Environmental Impact Report No. 2008 -00340 (EIR No.
2008 - 00340) to reevaluate all of the environmental changes that had occurred in and around the
Anaheim Resort Specific Plan area since its adoption in 1994. In August 2008, the City Council
authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a
development project at the Anaheim Convention Center. In order to analyze the environmental
impacts of this development project, in October 2008, City Council approved an amendment to the
agreement with BonTerra Consulting to include this development project into the analysis for EIR
No. 2008 - 00340; and,
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WHEREAS, the Proposed Project identified as Amendment No. 14 to the Anaheim
Resort Specific Plan, would allow the maximum build -out of the Anaheim Resort Specific Plan to
increase by up to 406,359 square feet of convention center space; 180,000 square feet of
commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom
space. Additionally, the Proposed Project would amend the following documents that govern and
regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan,
Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No.
5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. These
amendments are intended to streamline development standards, guidelines and requirements to
reduce redundancy within and between these documents; and, update the documents to reflect
current conditions within The Anaheim Resort. The proposed amendments do not change the types
of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the
associated development standards; and,
WHEREAS, the proposed Amendment No. 14 to the ARSP No. 92 -2 would amend
the specific plan document in its entirety, said proposed document is on file with the City of
Anaheim Planning Department and incorporated by this reference; and
WHEREAS, Amendment No. 14 to the Anaheim Resort Specific Plan (Specific
Plan Amendment No. 2010 - 00060) is proposed in conjunction with General Plan Amendment No.
2010 - 00482, Zoning Code Amendment No. 2010- 00093, Amendment No. 2 to the Anaheim
Resort Identity Program (Miscellaneous Case No. 2010- 00478), Amendment No. 5 to The
Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010- 00479),
Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010- 00484), and a Water Supply
Assessment (Miscellaneous Case No. 2010 - 00421); and
WHEREAS, before the Anaheim City Planning Commission recommends approval
of any Specific Plan amendment, it must make a finding of fact that the evidence presented shows
that all of the following conditions exist:
1. That the property proposed for the specific plan has unique site characteristics, such as
topography, location or surroundings, that are enhanced by special land use and
development standards;
2. That the specific plan is consistent with the goals and policies of the General Plan, and with
the purposes, standards and land use guidelines therein;
3. That the specific plan results in development of desirable character that will be compatible
with existing and proposed development in the surrounding neighborhood;
4. That the specific plan contributes to a balance of land uses throughout the City; and
5. That the specific plan respects environmental, aesthetic and historic resources consistent
with economic realities.
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 5,
2012, at 5:00 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.2010- 00060,
and to investigate and make findings and recommendations in connection therewith; and
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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 Anaheim City Planning Commission, after due consideration,
inspection, investigation and study made by itself, and after due consideration of, and based upon,
all evidence and reports offered at said hearing, does hereby find:
1. The proposed amendment would not change the boundaries of the existing
Anaheim Resort Specific Plan; and
2. The proposed amendment is being processed concurrently with General Plan
Amendment No. 2010 - 00482, which will increase the permitted amount of development within the
Anaheim Resort Specific Plan area. The proposed specific plan amendment will make consistent
changes to the Anaheim Resort Specific Plan to allow the same increase in development intensity.
The Anaheim Resort Specific Plan is one of three specific plans that implement the General Plan's
Commercial - Recreation land use designation. The proposed amendment and will not make any
substantive changes to the development standards that implement this designation; and
3. The proposed amendment is intended to streamline and consolidate development
standards. The proposed amendment is not intended to significantly change the intent of the
development standards, which were specifically developed to result in development of desirable
character that will be compatible with existing and proposed development in The Anaheim Resort
and the surrounding areas; and
4. The proposed amendment would increase the development intensity permitted for
the Anaheim Convention Center and allow continued development in accordance with the
Anaheim Resort Specific Plan. The proposed amendment maintains the balance of land uses
within the City by encouraging tourist and entertainment related industries in an area of the City
specifically designated for this type of development; and
5. The proposed amendment would allow private development projects, as well as the
expansion of the Anaheim Convention Center, to move forward with streamlined environmental
review and clear, well- defined development standards; and
6. That indicated their presence at said public hearing in opposition; and that
correspondence was received in opposition to the subject petition.
* ;l*
WHEREAS, , the Planning Commission finds and determines, based upon its
independent review and analysis, that Draft Supplemental Environmental Impact Report No. 2008-
00340 (EIR No. 2008 - 00340) prepared in connection with the Amendment No. 14 to the Anaheim
Resort Specific Plan Project, and the requirements of California Environmental Quality Act
(California Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), is
adequate to serve as the required environmental documentation for Specific Plan Amendment No.
2010 -00060 and satisfies all the requirements of CEQA, and the State CEQA Guidelines, and that
no further environmental documentation need be prepared for the proposed Specific Plan
Amendment.
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NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has
reviewed and considered the environmental information contained in Draft EIR No. 2008 -00340
and does hereby recommend that the City Council certify EIR No. 2008- 00340, including adoption
of Findings and a Statement of Overriding Consideration and Mitigation Monitoring Program 85C,
and determine that EIR No. 2008 -00340 fully complies with CEQA and the CEQA Guidelines,
and is adequate to serve as the environmental documentation for Specific Plan Amendment No.
2010 - 00060.
BE IT FURTHER RESOLVED that, pursuant to the above findings, the Anaheim
City Planning Commission does hereby recommend City Council approval of Specific Plan
Amendment No. 2010 -00060 as described above and on file with the City of Anaheim Planning
Department.
BE IT FURTHER RESOLVED that approval of Specific Plan Amendment No.
2010 -00060 is subject to approval of General Plan Amendment No. 2010- 00482; and
THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning
Commission meeting of November 5, 2012. Said resolution is subject to the appeal provisions set
forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
A'1'1'hST:
CHAIR, ANAHEIM CITLANNING COMMISSION
SENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on November 5, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN. PERSAUD
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 5` day of November,
2012.
E RETARY ANAHEIM
CITY PLANNING C LANNING COMMISSION
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