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5865ORDINANCE NO. 5865 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 9 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, OF CHAPTER 18.110 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT AREA 3 (NEW VEHICLE CONVERSION). 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 Specific Plan No. 94-1, relating 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, relating 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 Plan No. 94-1, relating 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, relating to requirements for freeway -oriented signs (Adjustment No. 7); and WHEREAS, on August 6, 2002, the City Council adopted Ordinance No. 5817 amending Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, relating to hospitals within Development Areas 3 and 4 (Adjustment No. 8); and WHEREAS, the proposed adjustment requests the addition of new vehicle conversion businesses to the list of conditionally permitted uses in the Specific Plan area ("Adjustment No. 9" Tracking No. SPN2003-00022, hereafter "Adjustment No. 9"); and WHEREAS, on June 2, 2003, the Anaheim City Planning Commission considered the proposed Adjustment No. 9 and recommended to the City Council that it adopt an ordinance approving the proposed adjustment; 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. 9 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 read as follows: 2 ".050 Conditional Uses and Structures. The following buildings, structures and uses shall be permitted in this 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. 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. 0523 Retail carpeting and/or petroleum-based flooring businesses. 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. 0532 Hospitals. .0533 New vehicle conversion." SECTION 2. 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 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. 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 FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 17 day of June , 2003. MAYOR OF TA CITf OF ANAHEIM ATTEST: ,eITY CLffRK OF THE CITY OF ANAHEIM 49664. 1 \SMANN\June 3, 2003 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. 5865 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 10th day of June, 2003, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 17th day of June, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, McCracken, Hernandez NOES: MAYOR/COUNCIL MEMBERS: None TEMP ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None Y 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: June 26, 2003 "1 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 June 26, 2003 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 SIM GTY OF ANAHEIM ORDINANCE NO. SM AN ORDINANCE OF TH CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING a€pECiFIC PLAN ADJUSTMENT NO 9 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AMENDING ORDINANCE NO.5517 AS PREVIOUSLY AMENDED, AND AMENDING S_UBS�ECTION .050 OF SECTION i8.110.080, OF CHAPTER 18.110 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT AREA 2 (NEW VEHICLE CONVERSION). This ordinance creates Section 18.110.080.0533; adding "New Vehicle Conversion" to the list of conditional usesper- mitted for Development Area 3 (La Palms Core Area) of the Northeast Ara$ Specific Plan (SP94-1) I, Sheryl] Schroeder, City Clerk of the City of Anaheim; do hereby ew" that the foregoing is a atxnmery of Ordinance No. 5865 which ordinance was &droduced at a regular meet- ing of the City Council of the City of Anaheim on the 10TH day of June, 2003 and was duly � passed and epted as a regular meeting of saki Cound on the 17th day of June, 2003 by the following roll call vote of the members thereof: AYES: Mayor Pringle, Council Members: McCracken, Tait, Chavez, Hernandez NOES: None ABSENT: None The above summary is a brief description ofthea ubj Mol- ter contained in the text of Ordinance No. 5665, wwhh has been prepared pursuant to Section 512 of the Charter of the Ci of Anaheim. This summery does not include or de- scribe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the tuft text of the ordinance, please con- tact the Office of the City Clerk, (714) 766-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin June 26, 2003 25-709 5768976