Resolution-PC 2008-80RESOLUTION NO. PC2008-80
A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENT NO. 12 TO
THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2
AND AMENDING ORDINANCE NO. 5453 ACCORDINGLY
(SPECIFIC PLAN AMENDMENT NO. 2007-00051)
WHEREAS, on Apri129, 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 Standazds" 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 (ARSP) No. 92-2 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 wnnection with the adoption of ARSP No. 92-2, the City Council
certified Environmental Impact Report No. 313, with a Statement of Findings and Facts and a
Statement of Overriding Considera6on, 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 pazcel 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 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October 12, 1998, and the petition was subsequently withdrawn by the applicant at the January 26,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
adjushnent amended the Zoning and Development Standazds 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
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WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964
amending Ordinance Nos. 5454 relating Yo Amendnlent No. 3 to ARSP No. 92-2, which
amendment revised the legal description and Uoundaries of the ARSP by reclassifying and
incorporating a 0.73-acre parcel into the ARSP No. 92-2 Zone; and
WHEREAS, on September 21, 1999, Yhe City Council adopted Ordinance No. 5703
relating to Adjustme~zt No. 2 to the ARSP No. 92-2, which adjustmenC 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 tl~e ARSP Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordii~ance No. 5769
relating to Adjustment No. 3 to the ARSP No. 92-2, whicli adjustmenY amended the Zoning and
Development Standards seY forth in Chapter 18.48 of the F.naheim Municipal Code relating to
temporary parking rec~uirements; and
WHEREAS, on April 26, 2004, tlie City Coui~cil adopted Ordinance No. 5910
amending Ordinance No. 5453 relating fo Adjustment No. 4 to the ARSP No. 92-2, which
adjiistment an~ended the Zoning and Aevelopment Standards set fortli iii Ciiapter 18.48 of the
Anaheiin Municipal Code relating to office uses in a legal non-conforming building; and
WHEREAS, oii June 8, 2p04, the City Council adopted Ordinauce No. 5922
unendang Ordiizance No. 5454 relating to Amendment No. 5(which also incorporates Amendmant
No. 4) to the ARSP No. 92-2, whicli amendment revised the legal description and baundaries of
the ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92-2 Zone; and
WHEREAS, on Febniary 8, 2005, the City Cotmcil adopted Ordinance No. 5954
atnending Ordinance No. 5453 relating to Amendment No. 6 Co tUe ARSP No. 92-2, which
amendment modified the Zoning and Development Standards pertaining to the estaUlislunent of
naini-marleei/convenience marlcets as accessory uses in conjunction witli a relocated service station
and prohibition of tow truck operations in conjunction with service station facilities; and
WHEREAS, on September 12, 2006, the City Council adopted Ordinanee No. 6036
amendiug Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which
amendment modified the Zoning and Development Standards pertaining Co tlae esCablishment of an
ARR (Anaheim Resort Residential) Oveday to provide the opportunity to develop residential iniits
in conjuncYion with high-quality, luxury liotels within targeted areas; and
WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 605$
amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92-Z, which
amendnrent relates to modifications to the Zoning and Development Standards pertaining to
development criteria for wholly-residei~tial development wiYhin the ARR Overlay on a designated
26.7 acre site witltin the ARSP Area; and
WHEREAS, on Marcli 4, 2008, the City Council adopted Ordinance No. 6099
amending Ordinuice No. 5453 relating to Amendment No. 9 to the ARSP No. 92-2, to repeal
modifcations to the Zoning and Development Standards, previously approved by Amendment No.
8 to flie ARSP No. 92-2; and
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WHEREAS, on February 20, 2008 Planning Commission approved Specific Plan
.__.
Amendment No. 10 to the ARSP No. 92-2 to construci a mixed use project coiisisting of a 105-
room hotel an tl~e western 1.5-acre portion of the project siYe adjacent to Harbor Boulevard, and a
191-uniY, condo~z~ininm complex, including nine live/work units, on Che eastern 3.3-acre portion'oF
Che project siCe and tl~e 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
tlle Gei~eral Plan to generally prohibit residential development within The Anaheim Resort unless
such a project included enviroimiental and economic analysis, city council approval and voter
~pproval at a city election; and
WHEREA3, the Anaheim Planning Commissiou did receive a verified Petition
for Specifc P3aia Amendment No. 2007-00051 (also referred to herain as "the proposed
Amendment No. 12 to the ARSP No. 92-2"); and said amendanea~t is a proposal to redesignate
certain real property situated in The Anaheim Resort area of the City oFP.naheim, County of
Ora~~ge, State of California as more particularly described i~1 Exhibit "A" attaclled hereto and
incorporated by this reference from Low Density to Medium Density; and
WHEREAS, Exhabit "B" attached liereYo and incorporated by this reference depicYs
the proposed Medium Density designation on the certain re~l property; and
WHEREAS, SpeciFc Plan Amendment No. 2007-00051 is proposed in
conjtmction with Variance No. 200'7-04742, Final Site Plan No. 2007-00013, and TenYative Parcel
Map No. 2006-195 to consh-uct a 120-room hotel witl~ less landscaping adjacenC to an interior
property line tlian required by code a~~d Co subdivide an existing parcel into two parcels; and
WHEREAS, Yhe Anal~eim Platuiing Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 18, 2008, at
230 p.tn., notice of said public liearing having Ueen duly given as required by law and in
accordance witl~ the provisions of the Analieim Municipal Code, to liear and consider evidence for
and against said proposed project actions, including Specific Plan Amendment No. 2007-00051,
and ta investigaCe and make findings and recommendations in connection therewith; and
WHEREAS, at the time and place fixed for said public hearing, Yhe Anal~eim
Plamiing Commission did hold and conduct such public iiearing and did give all persons interested
tlaere4ai an opportunity to be heard and did receive evidence and reports, and did consider the saine;
and
WHEREAS, tlie Anaheim Planning Commission does Find, after carefiil
consideration of all evideitce and reports submitted to said Coimnission, and all evidence and
reports offered at said public hearing, that a11 of the fuldings set forth in Secti~on 18.72.060 of the
Anaheim Municipal Code reqaired for the recommendation for approval of said sgecific plan
amandmei~t are present far the following reasons:
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1. That tl~e properCies proposed for Che specific plan amendment laave unique site
characteristics, sucll as topography, location or sunoundings in order to inerease tlie density on the
site;
2. That the specific pla~~ amendment is eonsistent witl~ the goals and policies'uf tlie'
General Plan, and wiCh tl~e purposes, standards and land use guidelines therein, in that the subject
properties are designated by the General Plan for Commercial Recreation land use and tlle
proposed project is for hotel development;
3. Tliat the speci~c plan amendment results in developmeizt of desirable project tha[
will be compatible with existing and proposed development in the surrounding neighborhood;
contrib~~tes to a balance of land iises tluoughout Che City; and, respects environmental, aesthetic
and historic resources consistent wiCh economic realities.
WHEREAS, tl~e Analaeiin Planning Commission has reviewed tl~e proposal and
does l~ereby find YhaE H~e Mitigated Negative DeclaraCion and the associated Mitigation Monitoring
Program No. 000003 is adequate to serve as the required enviromnental docmnentation in
connection witli this requesY upon finding thaY the declaration reflecYs Uie independent judgment of
the lead agency a~id thaY iY has considered the Mitigated Negative Declaration together with any
canments received during flie public review process and further finding on the basis of the initial
sCudy and any commants received that there is no substantial evidence that Yhe project will l~ave a
significant effect on tlie environment.
NOW, THEREFORE, BE IT RESOLVED tMat, pursuant to the above findings, tl~e
Anaheim Plannii~g Commission does hereby recommend City Cotmcil approval of SpeciFic Plan
Amendment No. 2007-00051 as described above and contained in the attached Exl~ibit "B".
THE FOREGOING I2ESOLUTION was adopted at the Planning Commission
meeting of AugusY 18, 2008. Said resoluCion ~is subject to the appeal provisions set fortl~ in CI~apYer
18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Co~nicil Resolution in the event of an appeal.
CHAIRMA~AN~HEIM PLAN~ING ~OMMISSION
ATTEST: ~
~
li~..~/~.
SENIOR SECI~ETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COLTNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planniaig Commission, do liereby
certify that tl~e foregoing resohtTion was passed and adopted at a meeting of the Anal~eim Plaiu~ing
Con2mission lleld on August i 8, 2008, by the following vote of the members tllereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, ICARAICI, RAMIREZ,
ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: CQMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this li~~ay of
Augus[, 2008.
SENIOR SE~RETARY, ANAHEIM PLANNING COMMISSION
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Exxrsi~r «a~~
SPECIFIC PLAN AMENDMENT NO. 2007-00051
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