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6270ORDINANCE NO. 6270 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SUBSECTION 18.108.040.020 OF CHAPTER 18.108 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO SPECIFIC PLAN NO. 90-1 F O R THE ANAHEIM HILLS FESTIVAL. WHEREAS, pursuant to the procedures set forth in former Chapter 18.93 of the Anaheim Municipal Code (herein referred to as the "Code"), the City Council of the City of Anaheim ("City Council") adopted its Resolution No. 90R-86 on March 20, 1990, thereby adopting Specific Plan No. 90-1 for the then proposed Anaheim Hills Festival project (herein referred to as "Specific Plan No. 90-1 "), subject to those certain conditions specified in Resolution No. 90R- 86; and, WHEREAS, the City Council concurrently adopted its Resolution No. 90R-87, thereby requiring that the zoning and development standards relating to Specific Plan No. 90-1 and adopted by ordinance of the City Council would be subject to those certain conditions specified in Resolution No. 90R-87; and, WHEREAS, in order to carry out the action taken by the City Council by its adoption of Resolutions Nos. 90R-86 and 90R-87 and pursuant to the procedures set forth in former Chapter 18.93 of the Code, the City Council adopted Ordinance No. 5109 on March 27, 1990, amending the Code to establish the zoning and development standards for Specific Plan No. 90-1, which were then codified as "Chapter 18.74 — Specific Plan No. 90-1 (SP 90- 1) Zoning and Development Standards" of Title 18 of the Code; and, WHEREAS, the City Council also adopted Ordinance No. 5110 on March 27, 1990 for the purpose of amending the Zoning Map of the City to reclassify certain real property described therein into the SP 90-1 (Specific Plan 90-1) Zone, subject to those certain conditions specified in Ordinance No. 5110; and, WHEREAS, the City Council amended Specific Plan No. 90-1 by approving Resolution No. 92R-160 (amending Resolutions Nos. 90R-86 and 90R-87) on July 28, 1992, and adopting Ordinance No. 5324 (amending Ordinance No. 5110) on July 28, 1992, amending conditions of approval of the Specific Plan ("Amendment No. 1); and, WHEREAS, the City Council amended Specific Plan No. 90-1 by approving Resolution No. 97R-41 (amending Resolutions Nos. 90R-86 and 90R-87) on April 1, 1997, and adopting Ordinance No. 5603 (amending Ordinance No. 51101) on July 22, 1997 ("Amendment No. 2"). Amendment No. 2 amended Specific Plan No. 90-1 to allow the (1) expansion of the existing theater, (2) revision of the site plan to re -designate 20,000 square feet of area for general retail uses, (3) construction of a 25,000 square foot health club and a 10,000 square foot child care facility with a 15,000 square foot outdoor play area, subject to approval of a conditional use permit, and (4) amendment of Condition No. 9 of Ordinance No. 5110 to permit on -street parking on Festival Drive within Development Area 2; and, WHEREAS, the City Council amended Specific Plan No. 90-1 by approving Resolution No. 98R-164 (Amending Resolutions Nos. 90R-86 and 90R-87) on August 11, 1998, and adopting Ordinance No. 5645 (amending Ordinance No. 5109) on August 18, 1998, to permit senior citizen apartments in Development Area 4 and amending the Zoning and Development Standards relating thereto ("Amendment No. 3 "); and WHEREAS, the City Council amended Specific Plan No. 90-1 by approving Resolution No. 2002R-39 (Amending Resolution No. 90R-87) on February 12, 2002, and adopting Ordinance No. 5806 (amending Ordinance No. 5109) on February 26, 2002, to allow secondary wall signage for in-line tenants that rear onto Santa Ana Canyon Road and amending the Zoning and Development Standards relating thereto ("Amendment No. 4"); and WHEREAS, the applicant has submitted a request to amend Specific Plan No. 90-1 and the Zoning and Development Standards relating thereto to permit the sale of beer and wine at service stations subject to the approval of a conditional use permit; and WHEREAS, the City council desires to amend the Zoning and Development Standards in Chapter 18.108 of the Code relating to Specific Plan No. 90-1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That paragraph "(b) Conditional Uses" of subsection Section 18.108.040.020 of Chapter 18.108 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: "(b) Conditional Uses. The following and substantially similar uses shall be permitted with a conditional use permit: 1. One automobile washing: self-service or automatic, including use of mechanical conveyors, blowers and steam cleaners (hereinafter referred to as "autowash") (on the lower level/north portion of Development Area No. 2); 2. Convenience food stores, with or without the sale of alcoholic beverages for off -premises consumption, in connection with gasoline sales; 3. Day care centers (for children or elderly); 4. Medical/dentallabs; 2 5. Medical emergency care facilities; and 6. Laundry, self-service establishments." SECTION 2. 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 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 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. HI THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 19th day of February , 2013, and thereafter passed and adopted at a regular meeting of said City Council held on the 5th day of March , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Murray and Kring NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY CLERK OF THE CITY ANAHEIM 92792 4 CITY OF ANAHEIM M,kYOR OF THL CITY OF ANAHEIM 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. 6270 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of February, 2013, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of March, 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 5th day of March, 2013. "6t�40 CITY CLERK OF THE CIT OF ANAHEIM (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. 6270 and was published in the Anaheim Bulletin on the 14th day of March, 2013. "6,4) CITY CLERK OF THE CITY OF 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: March 14, 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 14, 2013 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 • PROOF OF PUBLICATI, Proof of Publication of Paste Clipping of Notice SECURELY In This Space v�y SUMMARY PUBLICATION CITYOFANAHEIM ' ORDINANCE NO. 6270 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION 18.108.040.020 OF CHAPTER 18.108 OF TI- TLE 18 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO SPECIFIC, PLAN NO. 90-1 FOR THE ANAHEIM HILLS FESTIVAL. Thisordinance amends paragraph "(b) Conditional Uses" of subsection 18.108.040.020 of Chapter 18.108 of Title 18 of the Anaheim Municipal Code to permit and regulate the sale of beer and wine at service stations "Ject to approval of a conditional use permit relating to Specific Plan No: 90-1 for that certain regional shopping center commonly known as "The Festival". - 1, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance. No. 6270 which ordinance was introduced at a regular meeting of the City Council` of the City of Anaheim on the 19th day of February, 2013 and was duly passed and adopted of a regular meeting of said Council on the 5th day of March, 2013 by, the, following roll call vote of the members thereof: AYES: MayorTali, Council, Members Eastman, Brandman, Murray and Kring NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subject matter contained in the text of Or- dinance No. 6270, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every -provision of the ordi- nance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin Maraca 14 2013 9590282