RES-2012-160 RESOLUTION NO. 2012 -160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND ADOPTING AMENDMENT NO. 14 TO
THE ANAHEIM RESORT SPECIFIC PLAN NO. 92 -2 (SPECIFIC
PLAN AMENDMENT NO. 2010-00060).
WHEREAS, on April 29, 1986, the 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 regulations and development standards 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 Considerations, 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 ARSP No. 92 -2 Zone; and
WHEREAS, Amendment No. 2 to 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Commission on October 12, 1998, which petition was subsequently withdrawn by the applicant at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 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 No. 5454 relating to Amendment No. 3 to ARSP No. 92 -2, which
amendment revised the legal description and boundaries of ARSP by reclassifying and
incorporating a 0.73 -acre parcel into ARSP No. 92 -2 Zone; and
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No.
5703, relating to Adjustment No. 2 to 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 ARSP Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769,
relating to Adjustment No. 3 to 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 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 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 ARSP No. 92 -2, which
amendment revised the legal description and boundaries of ARSP by reclassifying and
incorporating 27 acres into 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 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 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 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 ARSP No. 92 -2, which
amendment relates to modifications to the Zoning and Development Standards pertaining to
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development criteria for wholly - residential development within the ARR Overlay on a designated
26.7 acre site within ARSP Area; and
WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6099,
amending Ordinance No. 5453 relating to Amendment No. 9 to ARSP No. 92 -2, to repeal
modifications to the Zoning and Development Standards, previously approved by Amendment No.
8 to ARSP No. 92 -2; and
WHEREAS, on February 20, 2008, the Planning Commission of the City of
Anaheim (the "Planning Commission ") approved Specific Plan Amendment No. 10 to 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, which petition
was subsequently withdrawn by the applicant; and
WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6098,
amending Ordinance No. 5453 relating to Amendment No. 11 to 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, the City Council adopted Ordinance No. 6117,
amending Ordinance No. 5453 relating to Amendment No. 12 to ARSP No. 92 -2 to redesignate a
5.9 acre, "L "- shaped property at Bali Road and Walnut Street from Low - Density to Medium
Density to develop a 120 -room hotel; and
WHEREAS, on April 14, 2009, the City Council adopted Ordinance No. 6141,
amending Ordinance No. 5453 relating to Amendment No. 13 to 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 corner of Harbor Boulevard and Katella Avenue;
modified the sign code to allow a greater number and larger signs than were theretofore 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, the City Council adopted Ordinance No. 6245,
amending Ordinance No. 5453 relating to Adjustment No. 6 to 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, on November 5, 2012, the Planning Commission of the City of
Anaheim (herein referred to as the "Planning Commission ") did hold a public hearing, notice of
said public hearing having been duly given as required by law and in accordance with the
provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence and
testimony concerning the contents and sufficiency of Draft Supplemental Environmental Impact
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Report No. 2008 -00340 ( "EIR No. 2008 - 00340 "), which has been prepared to analyze the potential
environmental impacts associated with proposed Amendment No. 14 to the Anaheim Resort
Specific Plan (Specific Plan Amendment No. 2010 - 00060). As proposed, Amendment No. 14 to
the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010 - 00060) would permit the
maximum build -out of the Anaheim Resort Specific Plan area 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 (the "Proposed Project "); and,
WHEREAS, the Proposed Project is intended to streamline development standards,
guidelines and requirements to reduce redundancy within and between the 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 and reflect current
conditions within The Anaheim Resort; 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) (collectively referred to herein as the
"Entitlements"); and,
WHEREAS, proposed Amendment No. 14 to the Anaheim Resort Specific Plan
(Specific Plan Amendment No. 2010- 00060) would amend the Specific Plan document in its
entirety. Said proposed document is on file with the City of Anaheim Planning Department and
incorporated herein by this reference; and
WHEREAS, the proposed Entitlements will not change the types of land uses
permitted within the Anaheim Resort Specific Plan area or significantly modify the associated
development standards; and,
WHEREAS, at said public hearing, the Planning Commission also heard and
considered evidence and testimony for and against the Entitlements and the Proposed Project, as a
whole, and made findings in connection therewith; and,
WHEREAS, by the adoption of its Resolution No. PC2012 -080 on November 5,
2012, the Planning Commission recommended that this City Council certify EIR No. 2008 - 00340,
including the adoption of Findings and a Statement of Overriding Considerations 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 the
Proposed Project and Entitlements; and,
WHEREAS, by the adoption of its Resolution No. PC2012 -082 on November 5,
2012, the Planning Commission found and determined that all of the following conditions exist
with respect to proposed Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan
Amendment No. 2010 - 00060):
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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, by the adoption of its Resolution No. PC2012 -082 on November 5,
2012, the Planning Commission also found and determined that:
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.
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WHEREAS, pursuant to the above findings and by adoption of its Resolution No.
PC2012 -082 on November 5, 2012, the Planning Commission recommended that this City Council
approve proposed Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan
Amendment No. 2010- 00060); and,
WHEREAS, upon receipt of said Resolutions Nos. PC2012 -080 and PC2012 -082,
summary of evidence, report of findings and recommendations of the Planning Commission, the
City Council did fix the 18th day of December, 2012, as the time, and the City Council Chamber
in the Civic Center, as the place, for a public hearing on the Proposed Project, including the
Entitlements, and for the purpose of considering Final EIR No. 2008 - 00340, and did give notice
thereof in the manner and as provided by law; and,
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the City Council considered all factors
relating to the Proposed Project, including potential environmental impacts addressed in Final EIR
No. 2008 - 00340, the recommendations of the Planning Commission, the Findings and Statement
of Overriding Considerations, and Mitigation Monitoring Program No. 85C; and,
WHEREAS, this City Council has heretofore certified Final Supplemental
Environmental Impact Report No. 2008 -00340 for the Proposed Project, including General Plan
Amendment No. 2010- 00482, and concurrently adopted Findings and a Statement of Overriding
Considerations and Mitigation Monitoring Program 85C as the mitigation - monitoring program for
the Proposed Project and the Entitlements; and,
WHEREAS, on the basis of the findings approved and adopted by the Planning
Commission in its Resolution No. PC2012 -082, the data and analysis set forth in the staff report
and associated documents presented to it, testimony for and against the Proposed Project and the
Entitlements, and comments by members of the City Council, the City Council does find and
determine that all of the following conditions exist with respect to proposed Amendment No. 14 to
the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010 - 00060):
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
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5. That the specific plan respects environmental, aesthetic and historic resources
consistent with economic realities.
WHEREAS, this City Council further finds and determines that:
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment
No. 2010 - 00060) be, and same is hereby, approved and adopted, subject to approval of General
Plan Amendment No. 2010- 00482.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 18thday of December , 2012, by the following roll call vote:
AYES: Mayor Tait, Council Members Brandman, Eastman, Kring and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
MAY R OF THE CITY OF ANAHEIM
ATTEST:
_ dItA.40.4
CITY CLERK OF THE CITY OF ANAHEIM
92687
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