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6443ORDINANCE NO. 6 4 4 3 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING PORTIONS OF CHAPTER 18.116 (ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP 92-2) ZONING AND DEVELOPMENT STANDARDS) OF TITLE 18 OF THE ANAHIEM MUNICIPAL CODE AND THE ANAHEIM RESORT SPECIFIC PLAN 92-2 (AMENDMENT NO. 15 TO THE ANAHEIM RESORT SPECIFIC PLAN) WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, pursuant to the procedures set forth in Chapter 18.72 of the Anaheim Municipal Code, Amendment No. 15 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 92- 2) (the "ARSP') is proposed in order create a new density category for the Commercial Recreation (C-R) District, called "Medium Density (Modified)" and redesignate 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 the Low Medium Density to Medium Density (Modified) (the "Proposed Project"); and WHEREAS, Amendment No. 15 to the ARSP is proposed in conjunction with General Plan Amendment No. 2017-00517; Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit No. 2017-05949, and Administrative Adjustment No. 2017-00413 to construct a 223 -room, dual branded hotel with 1,516 square feet of accessory retail space and 975 square feet of meeting space ("Proposed Project"); and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 350"). A complete copy of MMP No. 350 is on file and can be viewed in the Planning Services Division of the City; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on June 25, 2018, 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 consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of its Resolution Nos. PC2018-034 and PC2018-036, the Planning Commission recommended that the City Council approve and adopt Amendment No. 15 to the ASRP concurrently with, and recommended that the City Council also find and determine that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 350 and that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 350; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2018-034 and PC2018-036, a summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 31st day of July, 2018, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering this Ordinance; and WHEREAS, on July 31, 2018, the City Council did conduct 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 Code, to hear and consider evidence for and against the Proposed Project; and WHEREAS, at said public hearing, upon hearing and considering all evidence and reports offered at said hearing and all testimony and arguments (if any) of all persons desiring to be heard, this City Council considered all factors relating to the Proposed Project, including Amendment No. 15 to the ARSP and the recommendations of the Planning Commission, and does hereby find and determine as follows after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, does hereby find and detennine as follows: 1. The property proposed for the specific plan amendment and redesignation of the property to the Medium Density (Modified) density category has unique site characteristics and surroundings as it is located in the ARSP, an area of the City that is designated for tourist and visitor - serving uses. The proposed amendment would not change the boundaries of the existing ARSP. The ARSP is one of three specific plans that implement the General Plan's Commercial -Recreation land use designation. The proposed amendment will not make any changes to the development standards that implement this designation. 2. The proposed amendment is consistent with the goals and policies of the General Plan, subject to, and depending upon the approval of General Plan Amendment No. 2017-00517, now pending, to redesignate the property located 1414 and 1441 South Manchester Avenue to the "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 ARSP are designated by the General Plan for Commercial Recreation land uses and the proposed project is for hotel development. 3. The proposed amendment would increase the development intensity permitted for the property for hotel use and allow continued development in accordance with the ARSP. 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. 4. The proposed amendment contributes to a balance of land uses throughout the City by increasing the development opportunity of a property designated for tourist -oriented uses within The Anaheim Resort, thereby encouraging commercial land uses at a location identified as such by the General Plan. 5. The proposed amendment respects environmental and aesthetic, and historic resources consistent with economic realities since all potential environmental impacts associated with the proposed project and the increase in density were analyzed, the proposed hotel would be an improvement upon the older hotel currently located on the site, and the existing Quality Inn and Suites hotel is not identified as a historic resource; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Table 116-B (Hotel/Motel Room Density) of Section 18.116.060 (Development Density Areas—Commercial Recreation (C-R) District (Development Area 1) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: TABLE 116-B HOTEL/MOTEL ROOM DENSITY Density Category Maximum Density Up to 50 rooms per gross acre or 75 rooms per lot or parcel existing on the date of Low Density adoption of the Anaheim Resort Specific Plan (or for amended areas, the date of the adoption of the specific plan amendment), whichever is greater. SECTION 2_ That Section 3.3.2 of the Anaheim Resort Specific Plan be amended to read in its entireity as follows: 3.3.2 Commercial Recreation (C-R) District Development Density The ARSP establishes five density designations in the C-R District (Development Area 1) that will help assure that development of the area will be compatible with proposed infrastructure and with the goal to protect surrounding residential uses. These density designations are based upon hotel/motel development and allow up to 20% of each hotel/motel project gross square footage, excluding parking facilities, to be developed with integrated (i.e., included within the main hotel/motel complex) accessory uses. These accessory uses will reduce the otherwise maximum permitted hotel/motel density at the rate of one hotel/motel room per six hundred (600) gross square feet of accessory use. For properties proposed to be developed with permitted and conditionally permitted uses other than hotels/motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the other -wise permitted hotel/motel (including accessory uses) density as determined by the Planning Director or designee prior to Final Site Plan review and approval. The five density categories established by the plan are: • Low Density (up to 50 hotel rooms/acre) • Low- Medium Density (up to 75 hotel rooms/acre) • Low -Medium Density (Modified) (up to 252 rooms and 75,593 square feet of accessory uses) Up to 75 rooms per gross acre or 75 rooms per lot or parcel existing on the date of Low -Medium adoption of the Anaheim Resort Specific Plan, whichever is greater, except that for Density that area identified in Ordinance No. 5694 as Area 8, the maximum density shall be 75 rooms per gross acre. Low -Medium Up to 252 rooms and 75,593 square feet of accessory uses. Density (Modified) Medium Density Up to 100 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the Anaheim Resort Specific Plan, whichever is greater. Medium Density Up to 345 rooms (Modified) Convention Center Up to 125 rooms per gross acre (with trip generation characteristics mitigated to the (CC) Medium equivalent of 100 rooms per gross) or 75 rooms per lot or parcel existing on the date Density of adoption of the Anaheim Resort Specific Plan, whichever is greater. SECTION 2_ That Section 3.3.2 of the Anaheim Resort Specific Plan be amended to read in its entireity as follows: 3.3.2 Commercial Recreation (C-R) District Development Density The ARSP establishes five density designations in the C-R District (Development Area 1) that will help assure that development of the area will be compatible with proposed infrastructure and with the goal to protect surrounding residential uses. These density designations are based upon hotel/motel development and allow up to 20% of each hotel/motel project gross square footage, excluding parking facilities, to be developed with integrated (i.e., included within the main hotel/motel complex) accessory uses. These accessory uses will reduce the otherwise maximum permitted hotel/motel density at the rate of one hotel/motel room per six hundred (600) gross square feet of accessory use. For properties proposed to be developed with permitted and conditionally permitted uses other than hotels/motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the other -wise permitted hotel/motel (including accessory uses) density as determined by the Planning Director or designee prior to Final Site Plan review and approval. The five density categories established by the plan are: • Low Density (up to 50 hotel rooms/acre) • Low- Medium Density (up to 75 hotel rooms/acre) • Low -Medium Density (Modified) (up to 252 rooms and 75,593 square feet of accessory uses) • Medium Density (up to 100 hotel rooms/acre) • Medium Density (Modified) (up to 345 rooms) • Convention Center Medium Density (up to 125 hotel rooms/acre provided the trip generation characteristics are equivalent to 100 hotel rooms/acre) Exhibit 3.3-2, the C-R District Development Density Plan, identifies the location of each density designation within the C-R District. The areas with the Low Density designation are generally located where planned future infrastructure improvements will not support more intense development, or which are located further from the area's attractions. Areas with the Low -Medium and Medium Density designations are located where planned future infrastructure will be sufficient to accommodate these more intense levels of development, and which are located closer to the main attractions of The Anaheim Resort. Areas immediately adjacent to the Anaheim Convention Center have the Convention Center Medium designation in recognition that guests at these hotels typically do not have automobiles and, therefore, place fewer demands on area streets, one of the most important infrastructure factors that tend to limit development density. In addition, the Low Medium (Modified) density designation allows 252 hotel rooms and 75,593 square feet of commercial uses, which is equivalent to 378 hotel rooms, at the southeast corner of Katella Avenue and Harbor Boulevard and the Medium Density (Modified) density designation allows up to 345 rooms or its equivalent on South Manchester Avenue. SECTION 3. That Exhibit 3.3-2 of the Anaheim Resort Specific Plan be replaced with Exhibit "B" attached hereto and incorporated herein by this reference. SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be declared for any reason invalid or unconstitutional by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. The City Council of the City of Anaheim hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. SECTION 5. SAVINGS CLAUSE; CONTINUITY. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. To the extent the provisions of this Ordinance are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, the provisions of this ordinance shall be construed as restatements and continuations of those provisions and not as new enactments or amendments of the earlier provisions. SECTION 6. CERTIFICATION; PUBLICATION BY CLERK. The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 31 stday of July , 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the 14 day of August , 2018, by the following roll call vote: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: . zq�— MAYOR OF THE CITY OF ANAHEIM ATT ::Z�Lj____' ATY CLERK OF THE CITY OF ANAHEIM 128823/LHM EXHIBIT "Aft DEV 2'wO. 2016-00114 APN:082-170-57 ` 082-170-58 082-170-59 082-170-60 ; ` - W PA LA IS RP S} WMANCHESTER Aw � W MIDWAY DR�4 \., *` Sc..rce Re=rM$,+ Tact Map arc.,c -it), C-15 Pk:se ^moi=_ the acr--rac, r. - t+;a tc rvs Leet EXHIBIT "B" Exhibit 3.3-2 Commercial Recreation (C-R) District Developittertt Density Platt ■ ■ ■ 1u1 .A �r ■ Commercial Recreation (C-R) District Development Density Plan v m . Designated for RAure Extension in General plan circulation Element Anaheim City Boundary "....� The Anaheim Reswt Boundary ssArgh trip generation ch�racterisdcs Mitigated to the equivalent of 100 rooms per grass acre. Law Density: Up to 50 Hotel RoomsfGross Aare - -' or 75 rooms per parcel, whichever is greater loaw-Medium Density: Up to 75 Hotel Rooms{ Gross Acre or 75 rooms per parcel, whichever is greeter Low -Medium Density (Modified): Up to 252 Hatel Rooms with 75,543 square feet of accessory uses. Medium Density: Up to 140 Hotel Rooms/Gross Acre or 75 rooms per parcel, whichever is greater ® Medium Density (Modified): Up to 345 Hotel Rooms Convention Center Medium: Up to 125 Hotel Rooms/Gross Acre or 75 rooms per parcel, vehidmver is greeter'" CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6443 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 311 day of July, 2018 and that the same was duly passed and adopted at a regular meeting of said City Council held on the 14th day of August, 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of August, 2018. J� CITY CLERK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 FILE NO. Ordinance 6442 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, .SCJ. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 08/23/2018 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: August 23, 2018. fil Signature i. P' -1 PROOF OF PUBLICATION Legal No. 0011162178 SUMMARY PUBLICATION CITYOFANAHEIM ORDINANCE NO. 6443 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING PORTIONS OF CHAPTER 18.116 (ANAHEIM RE- SORT SPECIFIC PLAN NO. 92.2 (SP 92-2) ZONING AND DEVELOPMENT STANDARDS) OF TITLE 18 OF THE ANAHIEM MUNICIPAL CODE AND THE ANAHEIM RESORT SPECIFIC PLAN 92-2 (AMENDMENT NO. 15 TO THE ANAHEIM RESORT SPECIFIC PLAN) This ordinance amends portions of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) of the Zoning Code of the City of Ana. heim to add a new density category Medium Density (Modified)- to apply to property located at 1441 South Manchester Avenue in Ana- heim, California. I, Linda N. Andai, City Clerk of the City of Anaheim, do hereby certi. fy that the foregoing is a summary of Ordinance No. 6443, which ordi- nance was introduced at a regula[.mgetin__% Qf the City,.Council of the City of - w s UUIY PU adopted at a regular meeting of said Council on the 14th day of Au- gust, 2018 by the following roll call vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subiect matter con. tained in the text of Ordinance No. 6443, which has been prepared pur- suant to Section 512 of the Charter of the City of Anaheim. This sum- mary does not include or describe every provision of the ordinance iand should not be relied on as a substitute for the full text of the ordi- nance. To obtain a copy of the full text of the ordinance, please contact they Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Published Anaheim Bulletin August 23, 2018 11162178 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6443 and was published in the Anaheim Bulletin on the 23rd day of August, 2018. (SEAL)