5769ORDINANCE NO. 5769
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING SPECIFIC PLAN ADJUSTMENT NO. 3 TO THE ANAHEIM
RESORT SPECIFIC PLAN NO. 92-2, AMENDING ORDINANCE NO.
5453, AS PREVIOUSLY AMENDED, AMENDING ZONING AND
DEVELOPMENT STANDARDS SET FORTH IN CHAPTER 18.48 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE.
WHEREAS, pursuant to the procedures set forth in
Chapter 18.93 of the Anaheim Municipal Code, on September 27,
1994, the City Council of the City of Anaheim adopted Ordinance
No. 5454 amending the zoning map to reclassify certain real
property described therein into the Anaheim Resort Specific Plan
No. 92-2 Zone subject to certain conditions as specified therein,
and Ordinance No. 5453 relating to establishment of Zoning and
Development Standards for the Anaheim Resort Specific Plan No.
92-2 by the addition of Chapter 18.48 to said Code; and
WHEREAS, on June 3, 1997, the City Council adopted
Ordinance No. 5599 amending Ordinance No. 5454 relating to the
Anaheim Resort Specific Plan 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 Anaheim Resort Specific Plan No. 92-2
Zone; and
WHEREAS, Amendment No. 2 to the Anaheim Resort Specific
Plan 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petition was subsequently withdrawn by the applicant at the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 Anaheim Resort Specific Plan 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. 5453 relating to
Amendment No. 3 to the Anaheim Resort Specific Plan No. 92-2,
which amendment revised the legal description and boundaries of
the Anaheim Resort Specific Plan by reclassifying and
incorporating a 0.73 -acre parcel into the Anaheim Resort Specific
Plan No. 92-2 Zone; and
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WHEREAS, on September 21, 1999, the City Council
adopted Ordinance No. 5703 relating to Adjustment No. 2 to the
Anaheim Resort Specific Plan 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 Anaheim
Resort Specific Plan Area; and
WHEREAS, the proposed adjustment pertains to
modifications to the Zoning and Development Standards pertaining
to temporary parking requirements; and
WHEREAS, the Anaheim City Planning Commission on April
9, 2001 considered and approved the proposed Adjustment No. 3
(previously designated Adjustment No. 4) and recommended to the
City Council that it adopt an ordinance incorporating said
proposed adjustment; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council has
determined that the project is categorically exempt from CEQA
under CEQA Guidelines Section 15061(b) (3), which provides that
where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN THAT ORDINANCE NO. 5453, AS PREVIOUSLY AMENDED, BE,
AND THE SAME IS HEREBY, AMENDED TO REVISE THE ZONING AND
DEVELOPMENT STANDARDS IN CHAPTER 18.48 OF THE ANAHEIM MUNICIPAL
CODE AS FOLLOWS:
SECTION 1.
That subsection .060 of Section 18.48.110 of Chapter 18.48
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
.060 Temporary parking. Temporary parking facilities
shall be paved and screened with landscaping in
accordance with paragraph 18.48.070.110.1105,
entitled, "SCREENING OF PARKING AREAS," and shall be
subject to the review and joint approval of the City
Traffic and Transportation Manager and the City
Manager. Such facilities shall be permitted for a
period not to exceed one (1) year, but may be
2
renewed for up to a total of five (5) years in one
(1) year increments subject to the review and
approval of the City Traffic and Transportation
Manager. Permitted fencing shall be in accordance
with the following:
.0601 The location, height and color of fencing/walls
for temporary parking facilities shall be
approved in connection with the temporary
parking lot plan.
.0602 Permitted fence/wall materials include, but are
not limited to, decorative wrought -iron, coated
chain link and decorative masonry blocks.
.0603 Scrim, in a color and design approved in
connection with the temporary parking lot plan,
is permitted to be affixed to the exterior side
of the chain link fencing facing the public
right-of-way and adjacent properties.
.0604 The maximum fence/wall height shall be twelve
(12) feet; except that within a twenty (20)
foot setback from an adjacent residential zone
boundary or property within the Specific Plan
Area encompassed by the MHP Overlay as shown on
Exhibit 3.3.2a of the Specific Plan document
entitled `Mobilehome Park (MHP) Overlay Zone,
the maximum fence/wall height shall be six (6)
feet; and further provided that fence/wall
heights greater than eight (8) feet shall not
cause a shade/shadow impact on adjacent
properties wherein outdoor active areas or
structures that have windows that normally
receive sunlight are covered by shadows for
more than 50 percent of the sunlight hours."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this ordinance
of the Code, hereby adopted, be declared for any reason to be
invalid, it is the intent of this Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
3
SECTION 3. SAVINGS CLAUSE
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 thereof, nor be construed
as a waiver of any license or penalty or the penal provisions
applicable to any violations thereof. The provisions of this
ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply
with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 1st day of
May , 2001.
l
MAY R OF THE CITY OF—A"
A
ATTEST:
CITY CLMK OF THE CITY OF ANAHEIM
39782.3\smann\041701
4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5769 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 24th day of April, 2001, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 1st day of May, 2001, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS
NOES: MAYOR/COUNCIL MEMBERS
ABSENT: MAYOR/COUNCIL MEMBERS:
(SEAL)
Feldhaus, Kring, McCracken, Daly
Tait
None
�J�
CITY CLERk OF THE CITY OF ANAHEIM
ik-
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
PROOF OF PUBLWATION
phis spacc is liar the ( nunl, � icra11,;,
County of Orange ORrfINANCE NO. $769
Council that it would have passed all other portions of this
herefrom
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ordinance Independent of the elimination of any
such portion as may be declared invalid.
ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO.
I am a citizen of the United States and 3 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2,
SECTION 3. SAVINGS CLAUSE
AMENDING ORDINANCE NO. 5463, AS PREVIOUSLY
AMENDED, AMENDING ZONING AND DEVELOPMENT
Of the County aforesaid; I ant Over the STANDARDS SET FORTH IN CHAPTER 18.48 OF TITLE 18
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect
OF THE ANAHEIM MUNICIPAL CODE.
the prosecution for violations of ordinances, which viola-
eighteen years, and not a party to Or i WHEREAS, pursuant to the procedures set forth in
tions were committed prior to the effective date thereof, nor
be construed as a waiver of any license or penin or the pe
to thereof The
Chapter 18.93 of the Anaheim Municipal Code, on Septem-
ber 27, 1994, the City Council of the City of Anaheim ado t-
nal provisions applicable any violations pro-
visions of this ordinance, insofar as they are substantially
in the above entitled matter. I aril the ed Ordinance No. 5454 amending the zoning map to reclss-
the same as ordinance provisions previously adopted by
p sify certain real property described therein into the Anaheim
the City relating to the same subject matter, shall be con-
as new
ResortSpecific Plan No. 92.2 Zone subject to certain condi-
clerk of the Anaheim Bulletin a ne tions as specified therein, and Ordinance No. 5453 relating
strued as restatements and continuations, and not
enactments.
, to establishment of Zoning and Development Standards for
the Anaheim Resort Specific Plan No. 92-2 by the addition
SECTION 4. PENALTY
that has been adjudged to be a newspa of chapter 18.48 to said Code; and
WHEREAS, on June 3, 1997, the City Council adopted
general circulation by the Superior COL Ordinance No. 5599 amending Ordinance No. 5454 relating
No. Amendment
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the re -
quirements of this ordinance. Any person, firm or corpora -
tion this ordinance or failing to
to the Anaheim Resort Specific Plan 92.2,
No. 1, which amendment revised the legal description and
County Of Orange, State Of Cal1fOI711a, , boundaries of the Anaheim Resort Specific Plan by reclassi-
violating any provision of
comply with any of its requirements shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be purr
fymg and incorporating a 4.67 -acre parcel into the Anaheim
ished by a fine not exceeding One Thousand Dollars
December 28, 195 1, Case Into. A-21 �2 Flesort Specific Plan No. 92-2 Zone; and
($$1,000, 0)) by bor oth such fine and mprint not �mg six�6) such
WHEREAS, Amendment No. 2 to the Anaheim Resort
person, firm or corporation shall be deemed guilty of a sepa
Secific Plan No. 92-2, a request to amend the zoning and
for the City of Anaheim, County of Ora depvelopment standards to add "Coffee House" as a condi-
rate offense for each day during any portion of which any vi -
olation of any of the provisions of this ordinance is commit-
tionally permitted accessory use in cyyoTnction with an auto-
was
ted, continued or permitted by such person, firm or corpora -
ande hall be punishable therefor as provide,; form this
State of California; that the notice, of v rr on ionseecrnvic October 12,1998 the petition was subsequently
ordinanc
withdrawn by the applicant at the January 26,1999 City
annexed IS a true printed copy, has beep council meeting; and
THE FOREGOING ORDINANCE is approved and adopt-
ed by the City Council of the City of Anaheim this 1st day of
WHEREAS, on May 18, 1999, the City Council adopted
May, 2001.
Published in each re Ular and entire 1SSL Ordinance No. 5685 amending Ordinance No. 5453 relating
g
to Adjustment No. 1 to the Anaheim Resort Specific Plan
No. 92-2, which adjustment amended the Zoning and Devel-
TOM DALY
newspaper and not in any supplement tl opmenpt Standards set forth in Chapter 18.48 of the A Anaheim
Munici al Code relatingto structural setbacks and and re-
MAYOR OF THE CITY OF ANC EIM
ATTEST:
quirements to reflect the local street status of Convention
the following dates, to Way; and
SHERYLL SCHROEDER
wit:
CITY CLERK OF THE CITY OF ANAHEIM
WHEREAS, on July 27,1999, the City Council adopted
Ordinance No. 5964 amending Ordinance No. 5453 relating
Introduced: April 24, 2001
to Amendment No. 3 to the Anaheim Resort Specific Plan
Adopted: May 1, 2001
No. 92-2, which amendment revised the legal description
May 10, 2001 and boundaries of the Anaheim Resort Specific Plan by re-
Ayes: Mayor/Council Members: Feldhaus, Kr =,g,
classifying and incorporating a 0.73 -acre parcel into the Ana
McCracken, Daly
heim Resort Specific Plan No. 92-2 Zone; and
Noes. Mayor/Council Members: Tait
Absent: Mayor/Council Members: None
WHEREAS, on September 21,1999, the City Council
adopted Ordinance No. 5703 relating to Adjustment No. 2
to the Anaheim Resort Specific Plan No. 92-2, which adjust-
Published: Anaheim Bulletin
" 1 Certify (or declare) Under the penalty ment amended the Zoning and Development Standards set
forth in Chapter 18.48 of the Anaheim Municipal Code relat-
May 10. 2001
25.634 4616406,'4616467
ing to the minimum landscape setback requirement for prop
perjury under the laws of the State of C� erties adjacent to Manchester Avenue between Katella Ave-
-
nue and the southern boundary of the Anaheim Resort Spe-
that the foregoing is true and correct": cific Plan Area; and
WHEREAS, the proposed adjustment pertains to modifi-
DevelopmentStandards pertain -
EXecuted at Santa Aria, Orange County, c g ons toPrig Ing
in to temporaryarkm requirements; and
California, on WHEREAS, the Anaheim City Planning Commission on
April 9, 2001 considered and approved the proposed Adjust-
ment No. 3 (previously designated Adjustment No. 4) and
Date: May l �, Z��l recommended to the City Council that it adopt an ordinance
incorporating said proposed adjustment; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council has
determined that the project is categorically exempt from
CEQA under CEQA Guidelines Section 15061(b) (3), which
provides that where it can be seen with certainty that there
Siture is no possibility that the activity in question may have a sig-
gnanificant effect on the environment, the activity is not subject
to CEQA.
Anaheim BulletinNOW,
625 N. Grand Ave.
Santa Ana, CA 92701
THEREFORE, THE CITY COUNCIL OF THE CITY
OF ANAHEIM DOES ORDAIN THAT ORDINANCE NO. 5453,
AS PREVIOUSLY AMENDED, BE, AND THE SAME IS HERE-
BY, AMENDED TO REVISE THE ZONING AND DEVELOP -
MENT STANDARDS IN CHAPTER 18.48 OF THE ANAHEIM
MUNICIPAL CODE AS FOLLOWS:
(714) 796-7000 ext. 3002
SECTION 1.
That subsection .060 of Section 18.48.110 of Chapter 18.48
of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".060 Temporary parking. Temporary parking facilities shall
be paved and screened with landscaping in accordance
with paragraph 18.48.070.110.1105, entitled, "SCREENING
OF PARKING AREAS," and shall be subject to the review
and joint approval of the City Traffic and Transportation Man
ager and the City Manager. Such facilities shall be permit-
ted for a period not to exceed one (1) year, but may be re-
newed for up to a total of five (5) years to one (1) year incre-
ments subject to the review and approval of the City Traffic
and Transportation Manager. Permitted fencing shall be in
accordance with the following:
.0601 The location, height and color of fencing/walls for tem
p the parking facilities shall be approved in connection
with the temporary parking lot plan.
.0602 Permitted fence/wall materials include, but are not lim
;ted to, decorative wrought -Iron, coated chain link and deco-
rative masonry blocks.
.0603 Scrim, in a color and design approved in connection
with the temporary parking lot plan, Is permitted to be af-
fixed to the exterior side of the chain link fencing facing the
public right-of-way, and adjacent properties.
0604 The maximum fence/wallht shall be twelve (12)
feet; except that within a twenty ( foot setback from an
adjacent residential zone boundary or property within the
Specific Plan Area encompeeaed 6y the MHP Overlay as
shown on Exhibit 3.3.2a of the Specific Plan document enti-
tled 'Mobilehome Park (MHP) Overlay Zone, the maximum
fence/wall height shall be six (6) feet; and furtherprovided
that fence/walllheights Inserter than eight (8) ,at %hell not
cause a shade/shadow Impact on ad*en properties
wherein outdoor active areas or structures that have win-
dows that normally receive sunlight are covered by shad-
ows for more than 50 percent of the sunlight hours."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby
declares that should any section, paragraph, sentence or
viord of this ordinance of the Code, hereby adopted, be de-
d&ed for anv reason to be Invalid. it is the Intent of this