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6269ORDINANCE NO. 6269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING A PORTION OF CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC, TO CORRECT CLERICAL ERRORS IN ORDINANCE NO. 6265, PREVIOUSLY ADOPTED. WHEREAS, on January 15, 2013, the Anaheim City Council adopted Ordinance No. 6265 amending various portions of Chapter 18.116 of the Anaheim Municipal Code, which ordinance was adopted in conjunction with Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060), General Plan Amendment No. 2010-00482, Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010- 00478), Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479), and Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484); and WHEREAS, through inadvertence and error in the drafting of Ordinance No. 6265, said ordinance contains certain minor drafting errors, which the City Council desires to correct by the adoption of this ordinance, nunc pro tune; i.e., having retroactive legal effect. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Table 116-E of Section 18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: TABLE 116-E P Permitted by Right ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL C Conditional Use Permit OR MOTEL INCLUDING SUITE -TYPE HOTELS, AND OTHERWISE LIMITED N Prohibited HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Alcoholic Beverages — P Off -Sale Alcoholic Beverages — P On -Sale TABLE 116-E P Permitted by Right ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL C Conditional Use Permit OR MOTEL INCLUDING SUITE -TYPE HOTELS, AND OTHERWISE LIMITED N Prohibited HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Amusement Devices P No public access directly from the exterior of the building. Subject to Section 18.16.050 (Amusement Devices). Antennas- Dish P Subject to Section 18.38.050 Antennas -Receiving P Subject to Section 18.38.050 Automobile - Rental P With a maximum of three (3) parking spaces for on-site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces should be in addition to those required by Chapter 18.42 (Parking and Loading) and subject to Section 18.116.140 (Off -Street Parking and Loading Requirements). Automated Teller P Shall be located wholly within a building or within a hotel Machines (ATMs) complex in a location not visible from the public right-of-way. Subject to Section 18.36.040. Banquet/Meeting Room P Bingo Establishments N Business & Financial P Including automated teller machines located wholly within a Services building or within a hotel complex in a location not visible from the public right-of-way. Caretaker Unit P One unit Limited to less than one thousand two -hundred twenty-five (1,225) gross square feet in size Must comply with the parking standards for dwellings under Chapter 18.06 (Multiple Family Residential Zones). Day Care Centers P Limited strictly to the use of the guests and/or employees of such hotel or motel Animal Boarding P Limited strictly to the pets of guests and patrons of such hotel or motel, provided such kennels shall not be located closer than forty (40) feet from hotel/motel guest rooms or residentially zoned property. TABLE 116-E P Permitted by Right ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL C Conditional Use Permit OR MOTEL INCLUDING SUITE -TYPE HOTELS, AND OTHERWISE LIMITED N Prohibited HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Entertainment - P Subject to Section 18.16.060 Accessory Dance and Fitness P Limited strictly to the use of the guests and/or employees of such Studios - Small hotel or motel Fences and walls P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting —Commercial Recreation (C-R) District (Development Area 1) Landscaping & Gardens P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting —Commercial Recreation (C-R) District (Development Area 1) Mechanical and Utility P Subject to Section 18.116.100 (Screening, Walls, Fences, Equipment —Ground Landscaping and Lighting —Commercial Recreation (C-R) Mounted District (Development Area 1) Mechanical and Utility P Subject to Section 18.116.100 (Screening, Walls, Fences, Equipment —Roof- Landscaping and Lighting —Commercial Recreation (C-R) Mounted District (Development Area 1) Outdoor Displays N Outdoor Storage N Parking Lots & Garages P To provide off-street parking spaces, as required by this Code, to serve the on-site uses permitted under this chapter. Petroleum Storage — N Incidental Portable Food Carts C In conjunction with a hotel and subject to the following: (a) The design of the cart shall be compatible with the architectural design and/or theme of the hotel. (b) The cart shall not be permitted to encroach into any required setback areas. (c) One (1) non -illuminated business identification sign, not exceeding four (4) square feet in area with a maximum letter TABLE 116-E P Permitted by Right ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL C Conditional Use Permit OR MOTEL INCLUDING SUITE -TYPE HOTELS, AND OTHERWISE LIMITED N Prohibited HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions and/or logo height of 10 -inches, may be displayed on or below the valance of the roof canopy. (d) One (1) menu pricing sign, not to exceed 12 -inches in width by 18 -inches in height, may be displayed on the cart below the roof canopy. (e) One (1) trash receptacle shall be provided adjacent to the cart. The trash receptacle shall be decorative and designed to complement the design of the cart. The trash receptacle and the area around the cart shall be permanently maintained and kept clean by the cart operator. (f) The precise size_ number and location of carts shall be determined by conditional use permit, provided that the cart(s) shall not be visible from the public right-of-way. (g) All equipment, products and/or supplies shall be stored wholly on or inside the cart at all times. (h) When not in use, all carts shall be stored in an on-site commissary approved by the Orange County Health Department and specifically shown on plans submitted in connection with a conditional use permit. Such commissary shall be fully enclosed and shall not be visible from any public right-of-way or adjacent properties. (i) The cart operator shall obtain all applicable State and/or local licenses and/or permits and shall prominently display such current and valid licenses and/or permits on the cart at all times. Personal Services — P General Recreation Buildings and P Limited strictly to the use of the guests and/or employees of such Structures hotel or motel. Restaurants — Drive- N Through Restaurants - General P Enclosed or with outdoor dining TABLE 116-E P Permitted by Right ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL C Conditional Use Permit OR MOTEL INCLUDING SUITE -TYPE HOTELS, AND OTHERWISE LIMITED N Prohibited HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Retail Floor, Wall & N Window Coverings Retail Sales - General P Retail Sales - Kiosk P Retail Sales — Outdoor N Retail Sales —Used N Merchandise Signs P Subject to Section 18.116.160 (Signs) Thematic Elements P Subject to Section 18.116.160 (Signs) Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks. Warehousing & Storage — N Outdoors SECTION 2_ Except as expressly amended herein, the provisions of Ordinance No. 6265 shall remain in full force and effect. SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid 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. SECTION 4. 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 hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 5th day of February , 2013, and thereafter passed and adopted at a regular meeting of said City Council held on the 19th day of February , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Murray and Kring NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: _ z MAYOR OF THE CITY OF ANAHEIM ATTEST: k4k' CITY CLERK OF THE CITY OF ANAHEIM 93390/TReynolds STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE ss. I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6269 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of February, 2013, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of February, 2013, by the following vote of the members thereof: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of February, 2013. (SEAL) 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. 6269 and was published in the Anaheim Bulletin on the 7th day of March, 2013. Q -a6 - CITY CLERK OF THE CITY Olt ANAHEIM (SEAL) 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: February 28, March 7, 2013 "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 7, 2013 Z-�"tTdOA_� Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF Proof of Publication of f Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO, 6269 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING A PORTION OF CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM- MUNICIPAL CODE, NUNC PRO TUNC, TO CORRECT CLERI- CAL ERRORS IN ORDINANCE NO. 6265, PREVIOUSLY ADOPT- ED. On January 15, 2013, the Anaheim City Council adopted Ordinance No. 6265 amending variouspprtI" of Chapter 18.116 of the Anaheim Municipal Code, which ordinm;ce wit adopted M cor*mclion with Amendment No. 14 to the Anaheim Resort Specific Plan (Spe C11ic Plan Amendment No. 2010-00060), General Plan Amendment No, 201000482, Amend ment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No, 2010-00478) Amendmaret No, b to The Anaheim Resort Public Realm Landscape Program (M)scsNane ous Case No, 2010-00479); and Amendment to Ordinance No. 5454 (Miscellansous Case No. 201000484). Throughh inadvertence and error In the drafting of Ordinance No. 6265 said ordinance contains certain minor dreftlng errors, which the City Council has corrected by the adoption of Ordinance No. 6268, nuns pro tuncl i.e., having retroactive legal effect. I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foreggoing fa a summary of Ordinance No. 6269, which ordinance was introduced at a regular meati of tpheeCi4y Council of the City of Anaheiinmgon the 5th day of February, 2018 and was d and y ollow�rroo�oslel votes of the regular membeof rs cil on the f9ttr day of February, 201 i AYES: Mayor Tait; Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None The above summery is a brief description of the subject matter contained in the tett of Or dinanCe No. 6269 which has been prepared ant to Section 812 of the Charter of the City of Anaheim. ,This summary doaa not 1ndude or describe every provision of the ordi. nance and shoule not be relied on as a substitute for the full text of the ordinance. To obtain a co r of the full tent of the ordinance, please contact the Oflice of the City lark a for th 85piy66, between 8:00 AM and 5:00 PM, Monday through Friday. There is nc Pubi fr ; Ane A#r Bulletin Feb 28, Mar. 7, 2013 9584244