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6098ORDINANCE NO. 6098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING AN INITIATIVE MEASURE PURSUANT TO THE PROVISIONS OF SECTION 1303 OF THE ANAHEIM CITY CHARTER AND SECTION 9214 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA GENERALLY PROHIBITING RESIDENTIAL DEVELOPMENT WITHIN THE ANAHEIM RESORT WITHOUT ENVIRONMENTAL AND ECONOMIC ANALYSES, CITY COUNCIL APPROVAL, AND CITY VOTER APPROVAL AT A CITY ELECTION WHEREAS, pursuant to the provisions of Section 1303 of the Anaheim City Charter and Section 9214 of the Elections Code of the State of California, the City Council of the City of Anaheim has received a duly signed and certified initiative petition containing the signatures of not less than fifteen percent (15%) of the registered voters of the City according to the last report of registration by the county elections official to the Secretary of State pursuant to Sections 2187 of the Elections Code of the State of California, which initiative petition generally prohibits residential development in the area of the City of Anaheim designated as the Anaheim Resort without environmental and economic analyses, city council approval, and city voter approval at a city election (the "initiative measure"); and WHEREAS, the City Council is required to either adopt said initiative measure, without amendment, or submit the initiative measure to a vote of the electorate of the City at a special election called for such purpose; and WHEREAS, the City Council desires to adopt said initiative measure in accordance with the provisions and requirements of Section 9214 of the Elections Code of the State of California as made applicable to the City of Anaheim by the provisions of Section 1303 of the Anaheim City Charter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That, pursuant to the provisions of Section 1303 of the Anaheim City Charter, and Section 9214 of the Elections Code of the State of California, the initiative measure attached hereto, marked Exhibit A hereof, and incorporated herein by this reference as if fully set forth, is hereby adopted in its entirety. 1 SECTION 2. That the provisions of this ordinance hereby adopted shall not be repealed or amended except by a vote of the electorate of the City of Anaheim in accordance with the requirements of Section 9217 of the Elections Code of the State of California. SECTION 3. That the City Clerk shall certify to the passage and adoption of this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 26th of February, 2008, and thereafter passed and adopted at a regular meeting of said City Council held on the 4th day of March, 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Kring NOES: Council Members Hernandez, Galloway ABSENT: NONE ABSTAIN: NONE CITY OF EIM By MAYOR OF THE CITY CFAb&HEIM ATTES . t� 4do CITY CLERK OF THE CITY OF ANAHEIM CA0466450-v2-SOAR_Initiative_ _adoption_of ordinance.WPD EXHIBIT A The People of the City of Anaheim do ordain as follows: [New wording is in. bold italics; deleted wording is shown in strike -through; existing wording is in regular text] Section 1. The General Plan of the City of Anaheim shall be amended to include the following new section in the General Plan Introduction following the end of the "Pian Features" section of the General Plan Introduction: ANAHEIM RESORT The Anaheim Resort area, including the Anaheim Resort Specific Pian area, the Disneyland Resort Specific Plan area and the Hotel Circle Speciftc Plan area, is critical to the health of the local Anaheim economy. Maintaining the Anaheim Resort area for visitor -serving uses will provide for long-term funding of important City services including police and fire services. The permitted and conditionally permitted land uses and the boundaries of the Anaiseim Resort area, including the Anaheim Resort Specific Plan, the Disneyland Resort Specific Plan and the Hotel Circle Specific Plan, may only be amended or modified by (1) completion of an Environmental Impact Report prepared in accordance with the requirements of the California Environmental Quality Act, (d) completion of a long-term economic impact catalysis of the proposed change by an independent financial advisor retained by the City, (ii) approval by the City Council, and (iv) approval by a majority of voters of the City of Anaheim at a regularly -scheduled municipal election. ;and uses permined or conditionally permitted within the Anaheim Resort area shall be limited to theme parks, hotels, motels, vacation ownership resorts, convention and conference facilities, as well as restaurants, retail and entertainment facilities and other visitor -serving uses and other ancillary and related uses, as provided for in the Anaheim Resort Specific Plan, the Disneyland Resort Specific Plan and the Hotel Circle Specific Plan, in effect as of March 19, 2007. Residential uses are not compatible with visitor serving uses and shall not be permitted or conditionally permitted in the Anaheim Resort area, except that residential uses fully integrated into full-service hotels having at least 300 hotel rooms may be conditionally permitted in limited areas of the Anaheim Resort Specific Plan area as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007, and except as permitted by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007. Due to the importance of the Anaheim Resort area to the City of Anaheim, land currently situated within the boundaries of each of the Anaheim Resort Specific Plan, the Disneyland Resort Specific Plan or the Hotel Circle Specific Plan shall not be removed from the boundaries of the respective specific plan. The boundaries of the Anaheim Resort Specific Plan area, the Disneyland Resort Specific Plan area and the Hotel Circle Specific Plan area shall be those boundaries in effect on March 19, 2007. Section 2. The Land Use Plan of the Land Use Element of the General Plan of the City of Anaheim shall be amended by revising the definition of "Commercial Recreation" in the Commercial Designations section as follows: Commercial Recreation The Commercial Recreation land use designation applies to The Anaheim Resort. The designation is intended to provide for tourist and entertainment -related industries, such. as theme parks, hotels, tourist -oriented retail, movie theaters, and other visitor -serving facilities. Due to the importance of maintaining the Anaheim Resort area for visitor - serving uses, residential uses are only conditionally permitted in limited areas of the Anaheim ResortSpecifc Plan area as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 (relating to residential uses fully integrated into full-service hotels having at least 300 hotel rooms), and are also permitted as provided by and in accordance with the Mobile Some Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007. 1B &&49n, hotel. The Commercial Rt=ation designation is implemented by various Specific Plan Zones in The Anaheim Resort, which further define the maximum development activity. Recognizing that the presence of non visitor serving uses, such as residential uses, in the .Anaheim Resort would be incompatible with the overall goals relating to the Anaheim Resort and the Commercial Recreation designation, no residential uses other than (t) those permitted inlimited areas of the Anaheim Resort Specific Planarea as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 (relating to residential uses fully integrated into full-service hotels having at least 300 hotel rooms), and (u) those permitted as provided by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007, shall be permitted in the Anaheim Resort area without (i) completion of an Environmental Impact Report prepared in accordance with the requirements of the California ,Environmental Ouality Act, (u) completion of a long-term economic impact analysis of the proposed change by an independent financial advisor retained by the City, (iii) approval by the City Council, and (n') approval by a majority of voters of the City of Anaheim at a regularly scheduled municipal election. Section 3. Section 3.0: Land Use Plan of the Anaheim Resort Specific Plan shall be amended by adding a new Section 3.3.5 to read as follows: Section 3.3.5 Non Visitor -Serving Uses In order to foster the establishment and growth within the Anaheim Resort of tourist, convention and entertainment -related industries, such as theme parks, hotels, motels, vacation ownership resorts, tourist -oriented retail and entertainment, restaurants, movie theaters, convention and conference facilities and other visitor -serving facilities, and recognizing that the presence of non visitor serving uses in the Anaheim Resort would be incompatible with this goal, residential uses may only be permitted in limited areas of the Anaheim Resort Specific Plan area as provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 (conditionally permitting residential uses in conjunction with the development of a full' -service hotel having at least 300 hotel rooms and where (i) hotel uses comprise at least half of the site density, (ii) residential uses an the site are fully integrated into the hotel, and (iii) adjacent to public rights-of- way, residential uses are at least two stories or 25 feet above ground level), and residential uses are also permitted as provided by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as-ofMarch 19, 2007. No other residential uses shall be incorporated into the Commercial Recreation land use designation and/or allowed within the Anaheim Resort, Specific Plan area without fi) completion of an Environmental Impact Report prepared in accordance with the requirements of the California. Environmental Quality Ac4.(ii) completion of a long-term economic impact analysis of the proposed change by an independent financial advisor retained by the City, Ciiii) approval by the City Council, and (iv) approval by a majority of voters of the City of Anaheim at a regularly - scheduled municipal election. Section 4. Section 18.116.025 shall be added to the Anaheim Zoning Code as follows: 18.116.025 Changes to Specific Plan Boundaries. The Anaheim Resort Specific Plan boundaries shall only be amended or modified by (i) completion of an Environmental Impact Report prepared in accordance with the requirements of the California Environmental Quality Act, (ii) completion of a long-term economic impact analysis of the proposed change by an independentfinancial advisor retained by the City, ('iii) approval by the City Council, and (iv) approval by a majority of voters of the City of Anaheim at a regularly -scheduled municipal election. Section 5. Section 18.116.075 shall be added to the Anaheim Zoning Code as follows: 18.116.073 Residential Uses/Amendments. Residential uses may only be conditionally permitted in limited areas of the Anaheim Resort Specific Plan area as specifically provided by and in accordance with the Anaheim Resort Residential Overlay (Anaheim Municipal Code Section 18.116.125) in effect as of March 19, 2007 and may also be permitted as provided by and in accordance with the Mobile Home Park Overlay (Anaheim Municipal Code Chapter 18.26) in effect as of March 19, 2007. No other residential uses shall be incorporated into the Commercial Recreation land use designation and/or allowed within the Anaheim Resort Specific Plan area and no amendment to the Anaheim Resort Residential Overlay (Anaheim 'Municipal Code Section 18.116.125) in effect as ofMarch 19, 2 00 7, shall be approved without {i) completion of an Environmental Impact Report prepared, in accordance with the requirements of the California ,Environmental Quality Act, (ii) completion of a long- term economic impact analysis of the proposed change by an independent financial advisor retained by the City, (iii) approval by the City Council, and (tv) approval by a majority of voters of the City of Anaheim at a regularly -scheduled municipal election. Section 6. Severability. If any section, subsection., sentence, phrase, or clause of this initiative is declared invalid by a court of competent jurisdiction, the remaining sections, subsections, sentences, phrases and clauses shall remain valid and enforceable. The voters declare that they would have passed all sections, subsections, sentences, phrases and clauses of this initiative without the section, subsection, phrase or clause declared invalid by a court of competent jurisdiction. Section 7. Consistency with Other Ballot Measures. If another ballot measure is placed on the same ballot as this measure and deals with the same subject matter, and if both pass, the voters intend that both measures shall be put into effect, except to the extent that specific provisions of the measures are in direct conflict. In the event of a direct conflict, the measure which obtained more votes will control as to the directly conflicting provisions only. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Section 8. Construction. Nothing herein shall be construed to make illegal any lawful use presently being made of any land in accordance with the land use regulations in force and effect at the time of filing of the Notice of Intent to Circulate Petition. Section 9. Amendments. No provision of this initiative may be amended or repealed except by a vote of the people of the City of Anaheim. Section 10.. Conflict. If any provisions of this initiative conflict with any provision of the City of Anaheim General Plan or the Anaheim Municipal Code, the provisions of this initiative shall supersede any conflicting provisions. Section 11. General Plan Implementation. Upon the effective date of this initiative measure, the General Plan amendments contained herein are hereby inserted into the City of Anaheim General Plan as amendments thereof; provided, however, that if it is determined that Government Code Section 65358, subdivision (b) applies to general plan amendments adopted by the voters and the maximum number of general plan amendments per :Litted by state law for a given calendar year have already been enacted prior to the effective date of this initiative measure, the General Plan amendments adopted by this initiative shall be inserted into the City of Anaheim General Plan at the earliest possible date that any general plan amendment can be inserted in the City of Anaheim General Plan but in any event not later that January 1 of the year fallowing adoption of this initiative. The foregoing notwithstanding, the amendments to the City of Anaheim Zoning Code shall be effective upon adoption of this initiative. Section 12. Consistency. To the extent permitted by law, the voter's of the City hereby authorize and direct the City to amend any elements or provisions of the City of Anaheim General Plan and Anaheim Municipal Code and all other City ordinances, policies, and implementation programs or policies, as soon as possible, in order to implement this initiative and to ensure consistency and correlation between this initiative and other elements of the City of Anaheim General Plan and Anaheim Municipal Code. This enabling legislation shall be interpreted broadly to promote the requirement that a general plan constitute an integrated and consistent document. Section 13, Special Election. If this initiative petition is signed by not less than 15% of the voters of the City of Anaheim, those voters hereby demand that the City Council adopt the initiative or submit the initiative to the voters at a special election called for that purpose pursuant to California Elections Code Section 9214. AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. 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: March 13, 2008 "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 Santa Ana, Orange County, California, on Date: March 13, 2008 111JSignature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space ORDINANCE NO. 6098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING AN INITIATIVE MEASURE PURSUANT TO THE PROVI- SIONS OF SECTION 1303 OF THE ANAHEIM CITY CHARTER AND SECTION 9214 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA GENERALLY PROHIBITING RESIDENTIAL DEVELOPMENT WITHIN THE ANAHEIM RESORT WITHOUT ENVIRONMENTAL AND ECONOMIC ANALYSES, CITY COUNCIL AP- PROVAL, AND CITY VOTER APPROVAL AT A CITY ELECTION WHEREAS, pursuant to the provisions of Section 1303 of the Anaheim City Charter and Section 9214 of the Elections Code of die State of California, the City Council of the City of Anaheim has received a duly signed and certified initiative petition containing the signa- tures of not less than fifteen percent (15%) of the registered voters of the City according to the last report of registration =county county elections official to the Secretary of State pur- suant to Sections 2187 of the Elections Code of the State of California, which initiative peti- tion generally prohibits residential development in the area of the City of'Anaheim desig- nated as the Anaheim Resort without environmental and economic analyses, city council approval, and city voter approval at a city election (the 'initiative measure and WHEREAS, the City Council is required to either adopt said' initiative measure, without amendment, or submit the initiative measure to a vote of the electorate of the City at a spe- cial election called for such purpose; and WHEREAS, the City Council desires to adopt said initiative measure in accordance with the provisions and requirements of Section 9214 of the Elections Code of the State of California as made applicable to the City of Anaheim by the provisions of Section 1303 of the Anaheim City Charter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That,pursuant to the provisions of Section 1303 of the Anaheim City Charter, and Sec- tion 9214 of the Elections Code of the State of California, the initiative measure attached hereto, marked Exhibit A hereof, and incorporated herein by this reference as if fully set forth, is hereby adopted in its entirety. SECTION 2. That the provisions of this ordinance hereby adopted shall not be repealed or amend- ed except by a vote of the electorate of the City of Anaheim in as ordance with the require- ments of Section 9217 of the Elections Code of the State of California. SECTION 3. That the City Clerk shall certify to the passage and adoption of this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun- cil of the City of Anaheim held on the 26th of February, 2008, and thereafterassed and adopted at a regular meeting of said City Council held on the 4th day of March, 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Icing NOES: Council Members Hernandez, Galloway ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By /a/Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: fa/ Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM To obtain a copy of the full text of Exhibit "A', the initiative measure described in Section 1 of the above fulr ordinance, please contact the Office of the City Clerk, (714) 7655166, be- tween 0:00 AM and 5:00 PM Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin 25-284 OW7907