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6284ORDINANCE NO. 6284 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.24.030 OF CHAPTER 18.24 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. (ZONING CODE AMENDMENT NO. 2013-00108) (DEV2013- 00031) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1 That subsection .020 of Section 18.24.030 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .020 Exceptions. With the exception of the requirements specified below, the regulations of this chapter shall not apply to parcels being developed entirely in compliance with the development standards of the underlying zone, and where an ordinance has not been adopted to reclassify property into the (SABC) Overlay Zone, provided that: .0201 All requirements of the underlying zone are being met by the project, except as otherwise specifically approved in conjunction with a conditional use permit, variance or administrative adjustment permitted pursuant to Chapter 18.66 (Conditional Use Permits), Chapter 18.74 (Variances), and Chapter 18.62 (Administrative Reviews). .0202 Off - premise sale of alcohol is prohibited in the (SABC) Overlay Zone except: (i) as an accessory use to a hotel, (ii) markets or grocery stores having an interior building floor area of greater than ten thousand (10,000) square feet, (iii) in conjunction with a brewery or winery, or (iv) on I (SABC - Neighborhood Commercial District) (Industrial, South Anaheim Boulevard Corridor Overlay - Neighborhood Commercial District) zoned properties located on the east side of Anaheim Boulevard between Broadway and Santa Ana Street. .0203 Except as provided in subsection 18.40.060.080 (Automatic Exemptions) of Chapter 18.40 (General Development Standards), where a building permit is sought for any development project in the (SABC) Overlay Zone, landscaping shown on the South Anaheim Boulevard Master Plan of Landscaping (the "Master Plan"), as approved by the Anaheim Redevelopment Agency on August 29, -1- 2000, shall be planted in the size and at the spacing described in the Master Plan. Landscaping plans shall be submitted to the Planning Director and the Executive Director of Community Development, for a determination that the proposed plan is consistent with the Master Plan. The Planning Commission may grant variances from the requirements of the Master Plan pursuant to the provisions of Chapter 18.74 (Variances). .0204 Any signs or billboards installed or erected shall comply with the provisions of Section 18.24.120 (Sign Standards), except that the following shall be applicable to business signs permitted within commercial or industrial zones: .01 Properties located south of Ball Road. Freestanding signs up to twenty -five (25) feet in height, in conformance with Section 18.44.080 (Freestanding and Monument Signs — General) of Chapter 18.44 (Signs), shall be permitted, subject to the approval of a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .02 Properties located north of Ball Road. Signage shall be limited to freestanding or monument type signs in conformance with Section 18.44.100 (Freeway- Oriented On -Site Signs) of Chapter 18.44 (Signs). .0205 All applications submitted for projects that lie within both the (SABC) Overlay Zone area and the boundaries of the Commercial /Industrial Redevelopment Project Area shall be forwarded to the Community Development Department for review. The Executive Director of Community Development shall review each application, meet and consult with the applicant with respect to the neighborhood compatibility and design features of the proposed project, and propose changes where necessary to promote high quality urban design. The Executive Director of Community Development shall propose, the Planning Commission shall review, and the Redevelopment Agency shall adopt design guidelines to assist in the review of applications. .0206 Properties located east of the Santa Ana Freeway (I -5) and south of the Southern California Edison transmission line right -of- way shall comply with the standards set forth in Section 18.40.050 (Special Area Setbacks) of Chapter 18.40 (General Development Standards). .0207 Properties within the Anaheim Colony, which is defined as the area bounded by North Street, East Street, South Street -2- and West Street, shall be subject to The Anaheim Colony Vision, Principles and Design Guidelines." 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. SECTION 4 . CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. -3- THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 23_ of July , 2013, and thereafter passed and adopted at a regular meeting of said City Council held on the 13th day of Waust , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CI OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 95348v2 /TReynolds -4- 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. 6284 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of July, 2013, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of October, 2013, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of October, 2013. 40 CITY CLERK OF THE CITY IF 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. 6284 and was published in the Anaheim Bulletin on the 22nd day of August, 2013. "a4) - CITY CLERK OF THE CITY OF NAHEIM (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: August 22, 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: August 22, 2013 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION ORDINANCE NO. 6284 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION 18.24.030 OF CHAPTER 18.24 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. (ZONING CODE AMENDMENT NO. 2013-00108) (DEV2013-00031) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That subsection .020 of Section 18.24.030 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: " .020 Exceptions. With the exception of the requirements specified below, the regulations of this chapter shall not apply to pffcels being developed entirely in corn pliance with the development standards of the underlying zone, and where an ordi nance has not been adopted to reclassify property into the (SABC) Overlay Zone, provided that: .0201 All requirements of the underlying zone are being met by the project, except as otherwise specifically approved in conjunction with a conditional use permit, var iance or administrative adjustment permitted pursuant to Chapter 18.66 (Conditional Use Permits), Chapter 18.74 (Variances), and Chapter 18.62 (Administrative Re views). 0202 Off -premise sale of alcohol is prohibited in the (SABC) Overlay Zone except: (i) as an accessory use to a hotel, (ii) markets or grocery stores having. an interior building floor area of greater than ten thousand (10,000) square feet, (iii) in conjunc tion with a brewery or winery, or (iv) on I (SABC-Neighborhood Commercial District) Industrial, South Anaheim Boulevard Corridor Overlay -Neighborhood Commercial istrict) zoned properties located on the east side of Anaheim Boulevard between Broadway and Santa Ana Street. 0203 Except as provided in subsection 18.40.060.080 (Automatic Exemptions) of Chapter 18.40 (General Development Standards), where a building permit is sought for any development project in the(SABC) Overlay Zone, landscaping shown on the South Anaheim Boulevard Master Plan of Landscaping (the "Master Plan"), as ap proved by the Anaheim Redevelopment Agency on August 29, 2000, shall be plant ed in the size and at the s acing described in the Master Plan. Landscaping plans shall be submitted to the f�lanning Director and the Executive Director of Community Development, for a determination that the proposed plan is consistent with the Mas ter Plan. The Planning Commission may grant variances from the requirements of the Master Plan pursuant to the provisions of Chapter 18.74 (Variances). .0204 Any signs or billboards installed or erected shall comply with the provisions of Section 18.24.120 (Sign Standards), except that the following shall be applicable to business signs permitted within commercial or industrial zones: 01 Properties located south of Ball Road. Freestanding signs up to twenty-five (25) feet in height, in conformance with Section 18.44.080 (Freestanding and Monu ment Signs - General) of Chapter 18.44 (Signs), shall be permitted, subject to the ap proval of a conditional use permit pursuant to Chapter 16.66 (Conditional Use Per mits). .02 Properties located north of Ball Road. Signage shall be limited to freestanding or monument type signs in conformance with Section 18.44.100 (Freeway -Oriented On -Site Signs) of Chapter 18.44 (Signs). .0205 All applications submitted for projects that lie within both the (SABC) Over lay Zone area and the boundaries of the Commercial/Industrial Redevelopment Proj act Area shall be forwarded to the Community Development Department for review. The Executive Director of Community Development shall review each application, meet and consult with the applicant with respect to the neighborhood compatibility and design features of the proposed project, and propose changes where necessa ry to promote high quality urban design. The Executive Director of Community De velopment shall propose, the Planning Commission shall review, and the Redevelop ment Agency shall adopt design guidelines to assist in the review of applications. 0206 Properties located east of the Santa Ana Freeway (1-5) and south of the Southern California Edison transmission line right-of-way shall comply with the stand ands set forth in Section 18.40.050 (Special. Area Setbacks) of Chapter 18.40 (Gene al Development Standards). .0207 Properties within the Anaheim Colony, which is defined as the area bound ed by North Street, East Street, South Street and West Street, shall be subject to The Anaheim Colony Vision, Principles and Design Guidelines." SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, sub- section, paragraph, sentence, clause or word of this ordinance hereby adopted be de- clared 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 ordi- nance independent of the elimination herefrom of any such portion as may be declared in- valid. SECTION 3. SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal 0'aother ordinance of this City Shall in any manner affect the prosecution for violations of ordinances which violations r✓ere committed prior to the effective date hereof, nor be construed as a waiver of any li- :ense or penalty or the penal provisions applicable to any violation thereof. The provisions if this ordinance, insofar as they are substantially the same as ordinance provisions ,".'y adopted by the City relating to the same subject matter, shall be construed as 'estatements and continuations, and not as new enactments. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same o be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a news - )aper of general circulation, published and circulated in the City of Anaheim, and thirty 30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun- :il of the City of Anaheim held on the 23rd day of July , 2013, and thereafter )eased and adopted at a regular meeting of said City Council held on the 13th day of lugust , 2013, by the following roll call vote: LYES: Mayor Taft, Council Members Eastman, Murray, Brandman and Kring DOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM /s/ Tom Tait MAYOR OF THE CITY OF ANAHEIM TTEST: _/s/ Linda N. Andal ITY CLERK OF THE CITY OF ANAHEIM ublish: Anaheim Bulletin August 22, 2013 9702145