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Resolution-PC 2008-9u RESOLUTION NO. PC2008-9 • A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF AN AMENDMENT TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 AND AMENDING ORDINANCE NO.5453 ACCORDINGLY 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 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 (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 hoteUmotel, 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 Facts 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service station, was denied by the Planning Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant at the January 26, 1999, City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance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 - 1 - PC2008-9 • • 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 Apri126, 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. 5922 amending Ordinance No. 5454 relating to Amendment No. 5 (which also incorporates Amendment No. 4) 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 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 Apri124, 2007, the City Council approved General Plan Amendment No. 2006-00448, to amend the Commercial Recreation land use designation to allow wholly-residential development as a permitted land use in The Anaheim Resort and introduced 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 WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058 approving Amendment No. 8 to the ARSP No. 92-2; and WHEREAS, on November 27, 2007, the Anaheim City Council, by Resolution No. 2007-226, repealed General Plan Amendment No. 2006-00448 and approved a motion initiating the repeal of Amendment No. 8 to the ARSP No. 92-2 and referring such matter to the City staff and Planning Commission for further proceedings and recommendation; and _ 2 _ PC2008-9 • • WHEREAS, Specific Plan Amendment No. 2007-00052 is proposed to repeal modifications to the Zoning and Development Standards, previously approved by Amendment No. 8 to the ARSP No. 92-2; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 23, 2008, at 2:30 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 Specific Plan Amendment No. 2007-00052, and to investigate and make findings and recommendations in connection therewith; and 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 Planning Commission does find, after careful consideration of all evidence and reports submitted to said Commission, and all evidence and reports offered at said public hearing, that all of the findings set forth in Section 18.72.060 of the Anaheim Municipal Code required for the recommendation for approval of said specific plan amendment are present for the following reasons: 1. That the properties proposed for the specific plan amendment have unique site characteristics, such as topography, location or surroundings, in that the subject properties for Specific Plan Amendment No. 2007-00052 are the same properties as the subject properties for Amendment No. 8 to the ARSP No. 92-2; 2. That the specific plan amendment is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein, in that the subject properties are designated by the General Plan for Commercial Recreation land use, a land use designation that does not permit wholly-residential land uses; and, therefore development standards related to such residential land uses should be removed from the ARSP No. 92-2; 3. That the specific plan amendment results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood; contributes to a balance of land uses throughout the City; and, respects environmental, aesthetic and historic resources consistent with economic realities, in that Specific Plan Amendment No. 2007-00052 will repeal development standards approved by Amendment No. 8 to the ARSP No. 92-2, related to a residential land use that is no longer permitted by the General Plan. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) FINDINGS: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that Specific Plan Amendment No. 2007-00052 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) in that the specific plan amendment is covered by the general rule that CEQA only applies to projects which have a potential for causing a significant effect on the environment, and that it can be seen with certainty that there is no possibility that the Specific Plan Amendment No. 2007-00052 may have a significant effect on the environment and is, therefore, not subject to CEQA. - 3 - PC2008-9 • NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, the Anaheim Planning Commission does hereby recommend City Council approval of Specific Plan Amendment No. 2007-00052 as described above. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2008. 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 maybe replaced by a City Council Resolution in the event of an appeal. CHA , A AHEIM NNING COMMISSION ATTEST: ~ L~ SENIOR~CRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 23, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 20`h day of February, 2008. ~, SENI~ SECRETARY, ANA~IM PLANNING COMMISSION - 4 - PC2008-9