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6338ORDINANCE NO. 6 3 3 8 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.24.030 (GENERAL PROVISIONS) AND 18.24.070 (NEIGHBORHOOD COMMERCIAL DISTRICT AND NEIGHBORHOOD COMMERCIAL -MIXED DISTRICT) OF CHAPTER 18.24 (SOUTH ANAHEIM BOULEVARD CORRIDOR (SABC) OVERLAY ZONE) OF THE ANAHEIM MUNICIPAL CODE BASED UPON THE FINDING AND DETERMINATION THAT THE SUBJECT MATTER OF THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CEQA PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA GUIDELINES AND IS NOT A "PROJECT", AS DEFINED IN SECTION 15378 OF THE STATE CEQA GUIDELINES. WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, the City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA Guidelines"), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project as defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. Section 18.24.030 (General Provisions) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.24.030 GENERAL PROVISIONS. .010 Applicable Regulations. Unless otherwise set forth in this chapter, the permitted, accessory, and conditionally permitted uses in the (SABC) Overlay Zone shall be those permitted by the underlying zone. The regulations and development standards that apply to the underlying zone of property in the (SABC) Overlay Zone shall remain the same, except as specified in this chapter. The provisions of this chapter shall apply in addition to, and where inconsistent with, shall supersede the corresponding regulations of the underlying zones. .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 alcoholic beverage manufacturing, 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 Ellsworth Avenue. .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, 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 and West Street, shall be subject to The Anaheim Colony Vision, Principles and Design Guidelines. 030 Legal Nonconforming Uses. .0301 A legally created use in existence on December 12, 2000, that is prohibited by this chapter, will not be subject to the provisions of Chapter 18.56 (Nonconformities), provided that such use has been continuously in operation since December 12, 2000. .0302 A legally created use in existence on December 12, 2000, that: (i) is prohibited by subsection .0202 above; and (ii) was approved subject to a time limitation, shall be eligible for reinstatement pursuant to the provisions of Chapter 18.60 (Common Procedures), notwithstanding the requirement in Chapter 18.60 (Common Procedures) that, before a conditional use permit may be reinstated, a finding must be made that the use is one for which a conditional use permit is authorized. SECTION 2. Section 18.24.070 (Neighborhood Commercial District and Neighborhood Commercial - Mixed District) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.24.070 NEIGHBORHOOD COMMERCIAL DISTRICT AND NEIGHBORHOOD COMMERCIAL -MIXED DISTRICT. Within the area designated as a Neighborhood Commercial District or the Neighborhood Commercial -Mixed District, the provisions of Chapter 18.08 (Commercial Zones) for the Neighborhood Center Commercial ("C -NC") Zone shall apply, except as otherwise specified. .010 In addition to the uses permitted by the underlying zone or prohibited by this chapter, the following buildings, structures and uses, either singly or in combination, are permitted: .0101 Development of mixed commercial uses with residential units above the first floor on a single site, in conformance with Chapter 18.08 (Commercial Zones) for the "C -NC" Zone, except as amended by this chapter. For projects with mixed residential and commercial uses, CC&Rs shall be prepared for each project. .0102 Development of mixed commercial uses with senior citizen apartments above the first floor on a single site, in conformance with Chapter 18.08 (Commercial Zones) for the "C -NC" Zone, and Chapter 18.50 (Senior Citizens Apartment Projects), except as amended by this chapter. .0103 Development of Boulevard Residential uses in conformance with Section 18.24.060. .0104 Alcoholic Beverage Manufacturing uses in conformance with Section 18.38.025 (Alcoholic Beverage Manufacturing) on properties located on the east side of Anaheim Boulevard between Broadway and Ellsworth Avenue whose underlying zoning is "I" (Industrial). .020 Development Standards. The provisions of Chapter 18.08 (Commercial Zones) shall apply, with the following exceptions: 0201 Building Site Requirements for Mixed -Use Developments. .01 A minimum project site of one (1) net acre is required where mixed commercial/residential uses are proposed. .02 A minimum lot width of one hundred (100) feet is required where mixed commercial/residential uses are proposed. .03 Where above ground residential uses are proposed, no more than thirty percent (30%) of the habitable structure may be used for non-residential uses. .0202 Structural Height and Area Limitations for Mixed Use Developments. 01 Structure height is limited to forty (40) feet. .02 For any portion of a mixed use development located within fifty (50) feet of a single-family, residentially zoned property, the maximum height shall be limited to twenty-two (22) feet, with the exception of architectural projections, which may extend up to an additional six (6) feet above this height limit. .03 Tuck -under and subterranean parking are permitted in conformance with Chapter 18.42 (Parking and Loading). .0203 Structural Setback and Yard Requirements for Mixed -Use Developments. All provisions of Chapter 18.08 (Commercial Zones) for the C- NC Neighborhood Center Commercial Zone shall apply, except for the following: .01 Structural setback shall not be required along public streets, except along public alleys. .02 A minimum of two hundred (200) square feet of usable recreation/leisure space is required for each dwelling unit. Such space may be satisfied by either private balconies or patios, roof gardens or common recreational/leisure areas, or a combination thereof. Minimum size of a private patio or balcony is fifty (50) square feet, with a minimum dimension of five (5) feet. .0204 Design of Off Street Parking and Loading areas for Mixed Use Developments. The design of the parking areas, and of the ingress and egress to the parking areas, shall be subject to the approval of the Planning Services Manager of the Planning Department and/or his or her designee. The parking study, or other such study as may be required by the Planning Services Manager of the Planning Department and/or his or her designee, shall minimally contain and address the following factors: .01 The design and location of separate driveway entrances to the residential and commercial portions of the project; .02 Proper identification of the separate parking entrances; .03 Layout and design of the separate parking lots designated for residential and commercial uses. .0205 Number of Spaces for Mixed Use Developments. For mixed-use projects, vehicle parking shall be provided as required by Chapter 18.42 (Parking and Loading). Parking requirements for residential and commercial uses shall be calculated separately and satisfied independently. Variances to permit deviation from these requirements, in terms of reduction of required spaces through shared parking, due to the nature of a mixed-use project, may be considered pursuant to Chapter 18.74 (Variances). .0206 Sign Regulations for Mixed Use Developments. All provisions of Chapter 18.44 (Signs) shall apply, with the following exceptions: .01 Freestanding signs shall be prohibited. 02 Wall signs shall be limited in area to a total of thirty (30) square feet. .03 Each commercial business shall be limited to one (1) wall sign, with the exception of corner locations, where one (1) sign per street frontage may be permitted. SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, 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. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 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. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 4th day of August , 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the 18th day of august , 2015, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANA� By: MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 109946-v1/TJR 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. 6338 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of August, 2015, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of August, 2015, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of August, 2015. (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. 6338 and was published in the Anaheim Bulletin on the 27th day of August, 2015. CITY CLERK OF THE CITY OF A A HEIM (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 27, 2015 "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 27, 2015 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6338 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.24.030 (GENERAL PROVISIONS) AND 18.24.070 (NEIGHBORHOOD COMMERCIAL D STRICT AND NEIGHBORHOOD COMMERCIAL -MIXED _DISTRICT) OF CHAPTER 18.24 (SOUTH ANAHEIM BOULEVARD COR- RIDOR (SABO OVERLAY ZONE) OF THE ANAHEIM MU- NICIPAL COD BASED UPON THE FINDING AND DETER MINATION THAT THE SUBJECT MATTER OF THIS ORDI- NANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRON- MENTAL QUALITYACTACT (CEQA) )P)U))RSUANT TO SEG CIONS EQA GUIDEL.INE2S AND ISAND S060 NOCA(3P OJECTOF E AS DE- FINED IN SECTION 14378 OF THE STATE CEQA GUIDE- LINES. This ordinance amends Sections 18.24.030 (General Provisions) and 18.24.070 (Neighbor- hood Commercial District and Neighborhood Commercial -Mixed District) of Chapter 18.24 (SAuth Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Anaheim Municipal Code to orovide an exception for "alcoholic brewery manufacturing?' (as defined) from the pro - Forth: or Overlay eighborhood Commercial District that are located, on the east side of Anaheim Boulevard between Broadway and Ellsworth Avenue. I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No, 6338, which ordinance was introduced at a regular meeting of the City. Council of the City of. Anaheim on the 4th day of August, 2015 and was duly passed and adopted at a regular meeting of said Couricii on the 18th day of August, 2015 by the following roll Call vote of the members thereof: AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt 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. 6338, 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.