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5817ORDINANCE NO. 5817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 8 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AMENDING ORDINANCE NO. 5517, AS PREVIOUSLY AMENDED, AND AMENDING SUBSECTION .050 OF SECTION 18.110.080 AND 18.110.090, RESPECTIVELY, OF CHAPTER 18.110 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT AREAS 3 AND 4 (HOSPITALS). WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, on September 12, 1995, the City Council of the City of Anaheim adopted Ordinance No. 5518 amending the zoning map to reclassify certain real property described therein into the Northeast Area Specific Plan Zone subject to certain conditions as specified therein, and Ordinance No. 5517 relating to the establishment of Zoning and Development Standards for the Northeast Area Specific Plan No. 94-1 by the addition of Chapter 18.110 to said Code; and WHEREAS, in connection with adoption of Specific Plan No. 94-1 (Northeast Area), the City Council certified EIR No. 317 with the Statement of Overriding Considerations finding that the Northeast Area Specific Plan incorporates measures to mitigate or avoid significant impacts on the environment and will itself act as effective mitigation for potential environmental impacts identified in Environmental Impact Report No. 317; and, WHEREAS, on June 4, 1996, the City Council adopted Ordinance No. 5563 amending Ordinance No. 5517 relating to the Northeast Area Specific Plan No. 94-1, which amendment added a provision permitting service stations as a conditional use in Development Area 4 (Transit Core) ("Adjustment No. 1"); and WHEREAS, on June 4, 1996, the City Council adopted Ordinance No. 5564 amending Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, relating to automotive vehicle repair as a conditional use in Development Area 4 (Transit Core) ("Adjustment No. 2"); and WHEREAS, on June 11, 1996, the City Council adopted Ordinance No. 5565 amending various Chapters of Title 18 including Chapter 18.110 amending Ordinance No. 5517, the Northeast Area Specific Plan No. 94-1, relating to eating and drinking establishments ("Adjustment No. 3"); and, WHEREAS, on August 20, 1996, the City Council adopted Ordinance No. 5574 amending Ordinance No. 5517, Northeast Area .T .r _... Specific Plan No. 94-1, related to deleting a time limitation for churches ("Adjustment No. 4"); and WHEREAS, on January 11, 2000, the City Council adopted Ordinance No. 5714 amending Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, related to self-service laundries ("Adjustment No. 5"), and WHEREAS, on April 18, 2000, the City Council adopted Ordinance No. 5728 amending Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, to amend the boundaries of Development Area 5 (Commercial Area) and Development Area 2 (Expanded Industrial) at the northwest corner of La Palma Avenue and Hancock Street ("Amendment No. 1"), and WHEREAS, on April 24, 2001, the city Council adopted Ordinance No. 5761 amending Ordinance No. 5517 , Northeast Area Specific No. 94-1, related to asphalt and concrete processing within Development Area No. 6 (Adjustment No. 6); and WHEREAS, on May 1, 2002, the City Council adopted Ordinance No. 5767 amending Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, related to requirements for freeway -oriented signs (Adjustment No. 7); and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council has determined that the project is categorically exempt from CEQA under CEQA Guidelines Section 15061 (b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN that Adjustment No. 7 be, and the same is hereby, approved; and that Ordinance No. 5517 be, and the same is hereby, amended to revise the Zoning and Development Standards in Chapter 18.110 of the Anaheim Municipal Code as follows: SECTION 1. That subsection .050 of Section 18.110.080 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to add paragraph .0532) to read as follows: ".050 Conditional Uses and Structures. The following buildings, structures and uses shall be permitted in this 2 development area subject to a conditional use permit in compliance with Section 18.03.030 `Conditional Use Permits General' of this Code. .0501 Ambulance services with attendant living quarters. .0502 Amusement park facilities located south of La Palma Avenue including but not limited to miniature golf courses, water attractions, racetracks, amusement rides and arcades. .0503 Animal foods processing. .0504 Animal hospitals and/or kennels. .0505 Automobile car washes. .0506 Bowling alleys, with or without alcohol sales. .0507 Buildings or structures in excess of sixty (60) feet in height. .0508 Bus depots. .0509 Child day care facilities which exclusively serve one or more businesses located in this Specific Plan area. .0510 Communications stations and antennas (other than those permitted by paragraphs 18.110.080.030.0309 and 18.110.080.030.0310) including amateur -operated radio transmission towers and cellular communications facilities/towers whether ground mounted or mounted on a structure. Maximum structural height shall be determined by conditional use permit. .0511 Explosives. Storage of any class "A" or class "B" or in excess of twenty (20) pounds of class "C" explosives. .0512 Freestanding freeway oriented signs. .0513 Health spas and physical fitness centers in excess of four thousand (4,000) square feet in area. 3 .0514 Helistops located less than one thousand (1000) feet from any residentially zoned parcel; Heliports. .0515 Hotels and motels. .0516 Large collection facilities for recycling purposes subject to the requirements of Chapter 18.95 of this Code. .0517 Manufacturing operations not otherwise listed as a permitted use in this Development Area, including, but not limited to: acid, alcohol, ammonia, bleaching powder, chlorine, asphaltic concrete, cement, lime, gypsum, plaster of paris, explosives, fertilizer, gas, glue, lampblack, synthetic rubber, and tar distillation or processing, brick or concrete products, paint, oil, shellac, turpentine or varnish, oil cloth or linoleum, paper pulp, polish, soap, soda and other compounds. .0518 Metal smelting, refining or processing operations not otherwise listed as a permitted use in this Development Area including, but not limited to, high temperature smelting by blast furnaces or coke ovens, metal foundries, drop forge operations or the rolling and extrusion of ferrous metals. .0519 Private clubs, lodges, and meeting halls. .0520 Private recreational facilities, indoor or outdoor, including, but not limited to recreation courts and fields. .0521 Public utilities or utilities operated by mutual agencies consisting of electrical substations, gas or conversion plants with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains or electric or telephone wires or cables or City -owned public utilities. .0522 Restaurants; Enclosed or Semi -Enclosed (with or without cocktail lounges and/or on -premises sale and consumption of alcoholic beverages; with or without public entertainment), including drive-in, drive-through, take-out, walk-up or fast food. (Ord. 5565 § 52; June 11, 1996.) .0523 Retail carpeting and/or petroleum-based flooring businesses. 51 .0524 Retail sales provided (i) such uses are freeway- oriented (ii) provided such retail sales pertain to furniture, home building products, office supplies or products determined to be similar by the Planning Commission or City Council and (iii) the retail sales portion of the business shall be a minimum of fifteen thousand (15,000) square feet. .0525 Retail sales provided the retail sales portion of the business shall be a minimum of fifty thousand (50,000) square feet. .0526 Rubber products; reclamation or processing (natural or synthetic). .0527 Sales businesses which primarily serve and are compatible with industrial uses and which are not otherwise permitted uses in this Development Area, pursuant to Section 18.110.080.010. For purposes of this section, any use which is found to encourage retail of products or merchandise or to attract customers other than industrial users for industrial purposes permitted in this Development Area shall not be deemed a use which primarily serves and is compatible with industrial uses. .0528 Service stations, automobile or truck, with or without convenience markets, subject to the requirements of Chapter 18.87 of this chapter, provided that as a condition for the granting of a conditional use permit for an automobile or truck service station, the property owner shall record an unsubordinated covenant, satisfactory to the Planning Director and City Attorney agreeing to remove all structures, including underground storage tanks, in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. .0529 Training centers, non -industrial. .0530 Transmission stations; radio or television, including amateur -operated radio transmission towers. Heights of antennas and/or towers associated with these uses shall be determined by conditional use permit. .0531 Vehicle sales agencies and lots. 5 .0532 Hospitals." SECTION 2. That subsection .050 of Section 18.110.090 of Chapter 18.110 of Title 18 of the Anaheim Municipal Cede be, and the same is hereby, amended (to add paragraph .0522) to read as follows: 11.050 Conditional Uses and Structures. The following buildings, structures and uses shall be permitted in this Development Area subject to a conditional use permit and subject to the conditions and required showings of Section 18.03.030 "Conditional Use Permits — General" of this Code. .0501 Ambulance services, with or without attendant living quarters. .0502 Automobile rental agencies. .0503 Buildings and structures exceeding one hundred (100) feet in height. 0504 Bus depots. .0505 Child day care facilities which exclusively serve one or more businesses located in this Specific Plan area. .0506 Coin, stamp, and baseball trading card dealers. .0507 Commercial parking lots or structures not required for a use permitted in this Development Area. .0508 Communications stations and antennas (other than those permitted by paragraphs 18.110.090.030.0321 and 18.110.090.030.0322) including amateur -operated radio transmission towers and cellular communications facilities/towers whether ground mounted or mounted on a structure. Maximum structural height shall be determined by conditional use permit. 0509 Exhibition halls. 0510 Freestanding freeway oriented signs. I. .0511 Health spas and physical fitness centers larger than four thousand (4,000) square feet in gross floor area. .0512 Hotels and motels. .0513 Markets or grocery stores. .0514 Private educational institutions, including but not limited to private colleges, universities, elementary, junior and senior high schools. .0515 Private lodges, clubs, and meeting halls. .0516 Public utilities or utilities operated by mutual agencies consisting of, electrical substations, gas or conversion plants, with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains or electric or telephone wires or cable or City -owned public utilities. .0517 Railroad stations, bus terminals, and related commuter facilities. .0518 Restaurants (except as otherwise permitted in paragraph 18.110.090.010.0106 of this Code); with on -premises sale and consumption of alcoholic beverages and/or cocktail lounge and/or public entertainment; including drive-in, drive-through, and walk-up restaurants. (Ord. 5565 § 57; June 11, 1996.) .0519 Training centers, other than business or trade schools. .0520 Service stations, automobile, with or without convenience markets subject to the requirements of Chapter 18.87, provided (a) that the service station is located on a parcel of land at the intersection of two arterial highways as designated on the City's Circulation Element of the General Plan and (b) that as a condition for the granting of a conditional use permit for an automobile service station, the property owner shall record an unsubordinated covenant, satisfactory to the Planning Director and City Attorney agreeing to remove all structures, including underground storage tanks, in the event that the station is closed for a period of twelve (12) consecutive months. A service station 7 shall be considered closed during any month in which it is open less than fifteen (15) days. .0521 Automotive vehicle repair, overhaul, installation of parts and accessories, modification, painting, body work and other similar vehicular activities, including incidental retail sales, provided a conditional use permit for such use is obtained prior to August 1, 2001. For purposes of this paragraph the words "automotive vehicle" shall include automobiles, boats, recreational vehicles, trucks and motorcycles. .0522 Hospitals." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed 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. SECTION 5. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE City Council 2002. ATTEST: FOREGOING ORDINANCE is approved and adopted by the of the City of Anaheim this 6th day of August CITY CLEAI< OF THE CITY OF ANAHEIM 41003.1\SMANN\July 15, 2002 a EIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5817 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of July, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6th day of August, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken; Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT. (SEAL) -17 MAYOR/COUNCIL MEMBERS: None 0. CITY CLERK OF THE CITY OF ANAHEIM 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 15, 2002 " 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 August 15, 2002 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp SUMMARY MOFPAUBLL EATTIION ITY ORDINANCE NO. 5817 N ORDINANCE OF THE CITY OF ANAHEIM APPROVING PECIFIC PLAN ADJUSTMENT NO. B TO THE NORTH - AST AREA SPECIFIC PLAN NO. 94-1, AMENDING ORDI- ANCE NO.5517, AS PREVIOUSLY AMEND, AND MENDING SUBSECTION .050 OF SECTION 18.110.080 ND 18.110.090, RESPECTFULLY, OF CHAPTER 18.110 OF ITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING O DEVELOPMENT AREAS 3 AND 4 (HOSPITALS) his ordinance amends Title 18 of the Anaheim Municipal :ode to conditionally permit hospitals in the SP 94-1. one. :urrently, the Anaheim Municipal Code permit hospitals rith a conditional use permit in the ML (Limited lndustnal), ,L (Commercial Limited), and CO (Commercial Office) !ones, which are the undertyingg base tones for Dmroiop- nent Area Nos.1 through Sof t/ae Northeast Area Specific )Jan. Phis ordinance amends the list of land uses authorized by ,or ditional use permit in Development Areas 3 and 4 of Me Vortheast Area Specific Plan to include hospitals. rhe addition of hospitals as a conditional permitted land ise under subsection .50, "Conditional Uses and Structures" for Sections 18.110.080 (Development Area 3) and 18.110.090 (Development Area 4) allows for discretion- ary approval of such uses by the Planning Commission and/or City Council on a case by case basis. I, Sheryll Schroeder, City Clerk of the City of Anaheim, do here6bByy meet certify that the foregoing is a summary of ordinance iNO'ng of t17 which he City Counciance l o Me was introduced aced at a mon n 23rd day of July, 2002 and was duly passed and adopted at a regular meeting of said Council on the 8th day of August, 2002 by the following roll call vote of the members thereof: AYES: Mayor Daly, Council Members: Feldhaus, Kring, McCracken, Taft NOES: None ABSENT: None t The contained n the text ois a f Ordinancerief on 5817 which of the has mat- ter t been prepared pursuant to Section 512 of the Charter of the C ty of Anaheim. This summary does not include or de relied oftie nasprovision substitutefforethefuH text of theordinance should ordinance. To obtain a copy of he full text of the ordinance, please con tact the Office of he City Clark, (714) 7 168, between 8:00 AM and 5:00 PM, Monday througH Friday. There is no charge for the copy. Publish:Anaheim Bulletin August 15, 2002 25-1064 5318438