6271ORDINANCE NO. 6271
AN UNCODIFIED ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 5110, RELATING
TO SPECIFIC PLAN NO. 90-1 FOR 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. 5110) 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, 19 9 8, 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. 2 0 0 2 R-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 Ordinance No. 5110, as previously
amended, by deleting Condition No. 21 and by amending the Zoning and Development
Standards in Chapter 18.108 of the Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Ordinance No. 5110 be, and the same is hereby, amended by deleting Condition
No. 21 therefrom. Except as expressly amended herein, Ordinance No. 5110, as previously
amended, shall remain in full force and effect.
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
2
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 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:
,o&-5v,Z7D
CITY CLERK OF THE CITY Ot ANAHEIM
92775.2
3
CITY OF ANAHEIM
M YOR OF THE 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. 6271 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.
L ' A
W'Ad
IA
(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. 6271 and was published in the Anaheim Bulletin on the 14th day of March,
2013.
CITY CLERK OF THE CITY Of ANAHEIM
(SEAL)
ORDINANCE NO. 6271 .
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM AMENDING ORDINANCE NO.
AFFIDAVIT OF PUBLICATION
5110 RELATING
HILLS TO SPECIFIC PLAN NO; 90-1 FOR THE
WHEREAS, pursuant to the procedures set forth in former Chapter 18.93 of the
STATE OF CALIFORNIA,)
Anaheim Municipal Code (herein referred to as the "Code"), the City. Council of the City of
Anaheim ("City Council") adopted its Resolution No. 908-86 on March 20, 9990, thereby
Specific Festival
ss.
adopting Plan No. 90-1 for the then proposed Anaheim Hills project (here-
in referred to as "Specific Plan No. 90-1"), sybject to those certain conditions specified in
County of Orange )
Resolution No. 90R•86; and,
r WHEREAS, the City Council concurrently adopted its Resolution No. 90R-87, there-1
by requiring that the zoning and development standards relating'to §pecific Plan No. 90-1
and adopted by ordinance of the City Council would be subject to those certain conditions
—sae°iflad in Resolution.No. 90"7: and,
I am a citizen of the United States and a resident
WHEREAS, in order to carry out the action taken by the City Council by its adop-
tion of Resolutions Nos. 9OR-86 and 90R-87 and to the procedures set forth in for-
of the County aforesaid; I am over the age of
pursuant
mer Chapter 18.93 of the Code, the City Council adopt9d Ordinance No. 5109 on March 27,
eighteen years, and not a party to or interested in
—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,
the above-entitled matter. I am the principal
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 Zone, subject to those certain condr
;9Q-1)
tions specified in Ordihance No. 51990; and,
clerk of the Anaheim Bulletin, a newspaper that
."
has been adjudged to be a newspaper of general
WHEREAS, the City Council amended Sppecific Plan No. 90-1 by approving Resolu-
tion No. 92R-160 (amending Resolutions Nos. 90R-86 and 908-671 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. i); and, V
circulation by the Superior Court of the County
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving Resoluy +
tion No. 978-41 (amending Resolutions 9OR-86 and 90R-87) on April 1, 1997, and;,
No. 5110) July'Amend
Of Orange, State of California, on December 28,
gNos.
ado NO.8") �nAmendm ance No.nttNNo.2 mended Specific Plan No. 9ce
01 t ow the (1� zpen-"'
sion of the existing theater, (2) revision of the site plan to re-designate 20,000 square fee`1.
of area for retail uses; (3) construction of a 25,000 square foot health club and a
1951, Case No. A-21021 in and for the City of
general
10,000 square foot child care facility with a 15,000 spare foot outdoor play area, subject td,
No. 9 Ordmancei,
appproval of a conditional use permit, and (4) amendment of Condition of
No. 5110 to on-street on Festival Drive within Development Area 2; and,
Anaheim, County of Orange, State of California;
permit parking
that the notice, of which the annexed is a true
WHEREAS; the City Council amended Specific Plan No. 90-1 by approving Resolu•f
tion No. 98R-164 (Amending Resolutions Nos. 9OR-86 and 90R-87) on ugust 11, 1998; and
adopting Ordinance No. 5645 (amending Ordinance No. 5109) on August 18, 1998, to peri
mit senior citizen apartments in Development Area 4 and amending the Zoning and Dave)_:.
printed copy, has been published in each regular
opment Standards relating thereto ("Amendment No. 3"); and u
WHEREAS, the City Council amended Specific Plan No. 90-1 by approving ResoluJ '
and entire issue of said newspaper and not in any
tion 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 sec- `
ondary wall signage for In-line tenants that rear onto Santa Ana Canyon Road and amend-1 q
ing the Zoning and Development Standards relating thereto ("Amendment No. 4"); and
supplement thereof on the following dates, to
'
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
wit:
wine at service stations subject to the approval of a conditional use permit; and
February 28 March 7 14 2013
> > >
,i
WHE'EAS,,the City council desires to amend Ordinance No. 5110, as previously
amended, b deletingCondition No. 21 and b amendingthe Zoningand Development •a
Standards in Chapter 18:108 of the Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES OR..,•�
"I certify (or declare) under the penal of
penalty
DAIN AS FOLLOWS:
perjury under the laws of the State of California
SECTION 1.
That Ordinance No. 5110 be, and the same is hereby, amended by deleting Condi
tion No. 21 therefrom. Except as expressly amended herein, Ordinance No. 5110, as prey y. Ei
ously amended, shall remain in full force and effect.
that the foregoing is true and correct":
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 de
Executed at Santa Ana, Orange County,
clared for any reason invalid by, the final judgment of any court of competent jurisdiction, A'
is the intent of the City Council that it would have adopted all other portions of this oiz
California, on
nance independent of the elimination herefrom of any such portion as may be declared ily
valid.
Date March 14, 2013
SECTION 3. SAVINGS CLAUSE. •�
Nether the adoption of this ordinance nor the repeal of my other ordinance of+�
this City shall in any manner affect the prosecution for violations of ordinances which violg- `
tions were committed prior to the effective date hereof, nor be construed as awaiver of any
license the to any'violation thereof. The
r +
or penalty or penal provisions applicable prov?' N
sions 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 f�«
restatements and continuations, and not as new enactments.
w
THE FOREGOING ORDINANCE was introduced at a regular meeting of the Cir '
Council of the City of Anaheim held on the 19th day of February, 2013, 'and thareaftQr .r
Signature
peased 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
Anaheim Bulletin
NOES: None
625 N. Grand Ave.
ABSENT: None
Santa Ana CA 92701
�
ABSTAIN:,None
(714) 796-2209
CITYOFANAHEIM
/s/ Tom Tait -'4
ANAHEIM F THE CITY OF
Zr
ATTEST:
/s/ Linda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin March 14, 2013 9590287