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5871ORDINANCE NO. 5871 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 18.100 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DOWNTOWN MIXED-USE OVERLAY ZONE). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new Chapter 18.100 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: "CHAPTER 18.100 DOWNTOWN MIXED-USE (`DMU') OVERLAY ZONE 18.100.010 DESCRIPTION AND PURPOSE The purpose of the Downtown Mixed Use (DMU) Overlay Zone is to allow for mixed- use development projects within a defined area, with the following major objectives: 010 To encourage superior designed mixed-use development projects that combine residential with non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities as a means to continue downtown revitalization. 020 To encourage a full array of diverse land use types and structures, including redevelopment of existing structures, creating an active street life, and enhancing vitality of businesses. 030 To encourage pedestrian activity and reduce dependence on the automobile for everyday needs. 040 To encourage compatibility between residential and commercial uses, both on-site and where residential zones directly abut commercial zones, by permitting greater design flexibility. 050 To ensure that the appearance and effects of buildings, improvements, and uses are harmonious with the character of the area in which they are located. 060 To ensure consistency with and implement the provisions of the Redevelopment Plan for the Alpha Downtown Redevelopment Project Area and related plans for Downtown Anaheim. 18.100.020 BOUNDARIES OF DOWNTOWN MIXED-USE OVERLAY ZONE The DMU Overlay Zone covers an area consisting of approximately thirty-five and forty- seven -hundredths (35.47) acres generally located between Lincoln Avenue on the north, Broadway on the south, Anaheim Boulevard on the east, and Harbor Boulevard on the west. The boundaries of the DMU Overlay Zone are delineated and legally described and depicted in attached Attachment A, entitled "Legal Description and Depiction of DMU Overlay Zone Property." 18.100.030 GENERAL PROVISIONS FOR THE DMU OVERLAY ZONE .010 Applicable Regulations. Unless otherwise expressly set forth in this Chapter, the uses, regulations and development standards for property in the DMU Overlay Zone shall be those applicable to the underlying zone. The provisions of this Chapter shall apply in addition to, and where inconsistent with, shall supersede the corresponding regulations of such underlying zones. .020 Implementation. No grading permit or building permit for a Planned Mixed -Use Development, as defined in subsection 18.100.050.010, shall be issued prior to Final Plan approval by the Planning Commission, as set forth in Section 18.100.040 'FINAL PLAN REVIEW AND APPROVAL,' unless expressly exempted by subsection 18.100.040.020 'Final Plan Exemptions.' Construction for such development may commence only after the Planning Director or the Planning Director's designee finds that the project is in compliance with the regulations, applicable policies and guidelines of the DMU Overlay Zone and the approved Final Plan, if applicable. .030 Exceptions. With the exception of the requirements specified below, the regulations of this Chapter shall not apply to parcels being developed entirely under the underlying zone, provided that: 0301 All requirements of the underlying zone are being met by the project, except as specifically approved otherwise in conjunction with a conditional use permit, variance or administrative adjustment permitted in accordance with the facts, conditions, procedures and required showings specified in Chapter 18.03 'ZONING PROCEDURES - AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' and Chapter 18.12 'ZONING ADMINISTRATOR' of this Code; 0302 All applications submitted to the Planning Department of the City of Anaheim for projects lying within the DMU Overlay Zone which also lie within the boundaries of the Alpha Downtown Redevelopment Project Area shall be forwarded to the Community Development Department for review. The Executive Director of Community Development, or the Executive Director's designee, (the "Executive Director") shall review each application and meet and consult with the applicant with respect to land use compatibility and the design features of the proposed project, and may propose changes where appropriate in order to promote high quality urban design. From time to time the Executive Director may propose, and the Redevelopment Agency may adopt, design guidelines to assist in the review of applications. .040 Legal Nonconforming Uses. 0401 A legally created use in existence upon the date of adoption of this Chapter which is prohibited by this Chapter will not be subject to the provisions of subsection 18.02.058.014 of the Code, provided that such use has been continuously in operation since the adoption of this Chapter. 0402 A legally created use in existence upon the date of adoption of this Chapter which (1) is prohibited by Section 18.100.090 of this Chapter (Prohibited Uses and Structures) and (2) was approved subject to a time limitation, shall be eligible for reinstatement pursuant to the provisions of 18.03.093 notwithstanding the requirement of Section 18.03.093.040.041 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. 18.100.040 FINAL PLAN REVIEW AND APPROVAL. .010 Review and Approval. 0101 Prior to issuance of a grading permit for a Planned Mixed Use Development in the DMU Overlay Zone, Final Plans, including, but not limited to, site plans, preliminary landscape plans, parking, pedestrian and vehicle circulation plans including access to adjoining public rights-of- way, and such other plans and information as may be required by the Planning Director or the Planning Director's designee and/or the Planning Commission, shall be prepared and submitted to the Planning Department for review and approval by the Planning Commission as a 'Reports and Recommendations' item in accordance with the procedures and containing the information set forth in the Final Plan Review Application, as adopted by resolution of the Planning Commission and on file with the Planning Department. If the Final Plans are found to be in conformance with the provisions of this Chapter, the Final Plans shall be approved. The Planning Commission's decision shall be final unless appealed to the City Council within fifteen (15) days from the date of such decision. 0102 Prior to issuance of a building permit for a Planned Mixed Use Development in the DMU Overlay Zone, Final Plans, including, but not limited to, site plans, floor plans, elevations, roof and ground -mounted equipment plans, sign plans, landscape plans, fence and wall plans, parking, pedestrian and vehicle circulation plans including access to J adjoining public rights-of-way, exterior lighting plans, line -of -sight drawings, and such other plans and information as may be required by the Planning Director or the Planning Director's designee and/or the Planning Commission, shall be prepared and submitted to the Planning Department for review and approval by the Planning Commission as a'Reports and Recommendations' item in accordance with the procedures and containing the information set forth in the Final Plan Review Application, as adopted by resolution of the Planning Commission and on file with the Planning Department. If the Final Plans are found to be in conformance with the provisions of this Chapter, the Final Plans shall be approved. The Planning Commission's decision shall be final unless appealed to the City Council within fifteen (15) days from the date of such decision. .020 Final Plan Exemptions. The following are exempt from the Final Plan review and approval process: .0201 Interior building alterations, modifications or improvements which do not result in an increase to the gross square footage of the building and which do not increase the parking requirements. .0202 Minor building additions or improvements to or at the rear of a building or development complex which are not visible to public rights-of-way; do not exceed five percent (5%) of the gross square footage of the existing buildings or one thousand (1,000) square feet, whichever is less and which do not increase the parking requirements. .0203 Landscape improvements or modifications which are not in connection with building modifications that require Final Plan review and approval. .030 Planning Department Review of Exemptions. Plans for projects which are exempt from Final Plan review pursuant to subsection 18.100.040.020 shall be submitted to the Planning Director or his or her designee for a determination of conformance with the provisions of this Chapter prior to issuance of a building permit or approval of landscaping plans. .040 Environmental Review. Notwithstanding any other provision of this Chapter, Final Plan review by the Planning Commission under subsection 18.100.040.010 'Review and Approval' shall include a ministerial determination whether the proposed building, structure or use has been environmentally cleared on a project - specific level by the Environmental Impact Reports for the Disposition and Development Agreement between the Anaheim Redevelopment Agency and Koll Anaheim Center Associates, Resolutions 90R-13 and ARA 90-1, adopted January 9, 1990, Subsequent Environmental Impact Report for Parcels 8 and 9 by Agency Resolution ARA -83-84, adopted November 8, 1983, Supplemental Environmental Impact Report for Project Alpha, Parcel 10 by Agency Resolution ARA -83-85, adopted September 6, 1983, and Final Subsequent Environmental Impact Report 4 for the Second Amendment to the Redevelopment Plan for Project Alpha by Agency Resolution ARA 76-38, adopted November 23, 1976, and/or other final environmental documentation for projects in the DMU Overlay Zone. If prior environmental documentation is not adequate to environmentally clear the proposed use or project, an initial study shall be prepared and any necessary further environmental review and mitigation shall be provided pursuant to the procedures outlined for subsequent projects under a Master E.I.R. in Public Resources Code Section 21157.1. .050 Appeal of Planning Commission Action. An appeal shall be processed in the same manner as appeals for decisions regarding reclassifications, conditional use permits and variances as set forth in Sections 18.03.080 through 18.03.084 of this Code except that the appeal period shall be fifteen (15) days. .060 Development Review and Permits .0601 Community Development Department and Building Division Review. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the DMU Overlay, all building and site plans shall be subject to design review by the Community Development Department, as well as review by the Building Division. The Community Development Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the DMU Overlay Zone. The Community Development Department will make recommendations regarding project design to the Planning Commission for consideration in connection with the Planning Commission's decision on the final plan review or conditional use permit. .0602 Impacts on Existing Buildings and Structures. Where there are existing buildings and structures on a site for which more intensive development is proposed under the provisions of the DMU Overlay Zone, no building permit shall be issued until the Building Division Manager and the Fire Chief have certified that the existing buildings and structures are safe for occupancy and for human habitation. 070 Landscape Plan Review. The location of all proposed on-site and off-site landscaping including irrigation facilities, and landscaping within the parkway area (the area within the ultimate street right-of-way as described in the Circulation Element of the Anaheim General Plan), shall be shown on a site plan, drawn to scale, and shall be subject to review and approval by the Planning Department prior to installation. Such plans shall be consistent with Final Plans approved pursuant to subsections 18.100.040.010 'Review and Approval' and 18.100.040.050 'Appeal of Planning Commission Action' of this Chapter. 5 18.100.050 PERMITTED PRIMARY USES AND STRUCTURES Subject to the provisions of the DMU Overlay Zone, the following primary uses, buildings and structures, either singly or in combination, shall be permitted in the DMU Overlay Zone: .010 "Planned Mixed Use Development." A 'Planned Mixed Use Development' shall consist of mixed-use projects including attached one -family dwellings, multiple - family dwellings, condominiums, apartments, stock cooperatives, townhouses, rowhouses, lofts, home occupations, residential planned unit developments, senior citizen apartments (subject to the requirements of Chapter 18.94 of this Code), or other forms of clustered residential dwellings, combined with any of the Non - Residential Uses listed in subsection .020 hereof. Other uses may include Permitted Accessory Uses and Structures in Section 18.100.060 of this Chapter, and Conditional Uses and Structures as set forth in Section 18.100.080 of this Chapter. A 'Planned Mixed Use Development' shall have a comprehensive site plan. Such a development may consist of one (1) or more parcels or lots. Parcels without frontage on a public street will be permitted if the appropriate easements, as required by the City Public Works Department, are recorded to provide adequate and safe vehicle and pedestrian access between all parcels, and between all parcels and adjoining public rights-of-way. The design of buildings, signs, landscaping and other structures or elements shall feature a unified and integrated theme. All vehicle access shall be from a vehicle circulation system designed and improved in accordance with the applicable City Engineering Standards. Maximum building and parking structure heights, minimum recreational/leisure area, maximum density, setbacks, maximum lot coverage, floor area ratio, minimum lot size, and minimum dwelling unit size for the residential units, shall be determined by the final plan review process. The development will typically include shared vehicle and pedestrian circulation, shared parking, and common areas such as landscaping. Unsubordinated Covenants, Conditions and Restrictions ('CC&R's'), as required and approved by the Planning Department and Public Works Department, and further subject to approval by the City Attorney, shall be recorded prior to issuance of a building permit or prior to approval of a final subdivision map, whichever occurs first, to provide for the common maintenance of all exterior elements including, but not limited to, access ways, parking areas, landscaping, irrigation facilities, signs and other common amenities or features. .020 Permitted Non -Residential Uses. Permitted non-residential uses contained within a Planned Mixed Use Development may include the following: .0201 Accounting, bookkeeping, CPA firms, and temporary CPA firms. 0202 Advertising agencies. .0203 Antique shops. Cel 0204 Appraisers. 0205 Art, music and photography studios. 0206 Bakeries, confectioneries, and donut shops. 0207 Banks and financial firms. .0208 Barbers, beauty shops, and nail salons. 0209 Book stores. 0210 Brokers offices, including but not limited to real estate and business opportunities. 0211 Business systems companies. 0212 Clothing and shoe stores. 0213 Communication consultant offices. 0214 Computer analysis firms. 0215 Confectionery and candy stores. 0216 Credit reporting agencies. 0217 Designer offices: industrial, interior, graphic. 0218 Drugstores and pharmacies. 0219 Dry cleaning (drop-off and pick-up convenience center without on-site dry cleaning) businesses. .0220 Facility maintenance and planning firms. .0221 General professional business offices. .0222 Gift shops. .0223 Health clubs, health spas, day spas, and physical fitness facilities (of 4,000 square feet in gross floor area or less). 0224 Hobby shops. 0225 Insurance companies and agencies. 7 0226 Inventory services. 0227 Jewelry stores. .0228 Leasing companies. .0229 Management consultants and management companies. .0230 Markets or grocery stores over fifteen thousand (15,000) square feet. 0231 Marketing research firms. 0232 Medical and dental offices. .0233 Museums and art galleries. 0234 Outdoor seating or dining. 0235 Personnel agencies. 0236 Postal or mailing services. .0237 Real estate development companies. .0238 Sales offices. 0239 Secretarial and business services. .0240 Restaurants: full-service, coffee shops, sandwich shops, and delicatessens. 0241 Video, DVD, music, and electronics rental or sales stores. 0242 Uses or activities not listed, nor specifically prohibited, in this Chapter which are determined by the Planning Commission to be compatible with the intended purpose of the DMU Overlay Zone. 18.100.060 PERMITTED ACCESSORY USES AND STRUCTURES The following accessory uses, buildings and structures are permitted only when they are integrated with a Planned Mixed Use Development, and clearly incidental to, permitted primary uses: 010 Administrative, maintenance, and/or indoor storage facilities necessary to support the operation of permitted primary uses. 8 020 Amusement devices, subject to the provisions of Chapter 4.14 'Amusement Devices' of this Code. 030 Garages, carports and utility rooms or structures. 040 Home occupations, subject to the provisions of Section 18.02.052.042 `Home Occupations' of this Code. 050 Parking structures and parking lots. 060 Pedestrian amenities such as outdoor seating, outdoor plazas, covered walkways, and fountains. .070 Porte-cocheres. .080 Recreational buildings, structures and uses, including but not limited to, swimming pools, cabanas, dressing rooms, golf courses, putting greens and court game areas. .090 Restaurants, fast food and walk-up, enclosed or semi -enclosed. 100 Signs subject to the provisions of this Chapter. 110 Telecommunications facilities that are completely screened from view or disguised as an integral architectural feature. 120 Thematic elements, such as three-dimensional objects or non -occupiable structures, including gateways, towers, public art displays, monument, fountains, sculptures, spires, and similar architectural features. 18.100.070 PERMITTED TEMPORARY USES AND STRUCTURES The following temporary uses, buildings and structures shall be permitted where integrated within a Planned Mixed Use Development, subject to the conditions and limitations of the DMU Overlay Zone: 010 Construction office trailers, where the appropriate permits have been obtained from the City. 020 Grand opening banners, where the appropriate permits have been obtained from the City. 030 Open air festivals, where the appropriate permits have been obtained from the City. Open-air festival includes an outdoor event oriented to tourists and visitors, and may include a public gathering, speech, concert, presentation, or show. 9 18.100.080 CONDITIONAL USES AND STRUCTURES The following uses, buildings and structures shall be permitted where integrated within a `Planned Mixed Use Development' as defined in subsection 18.100.050.010 of this Chapter, and shall further be subject to the conditions and required showings of Section 18.03.030 'CONDITIONAL USE PERMITS (C.U.P.'s) - GENERAL' of this Code. The site development standards of this Chapter shall apply except as otherwise provided herein or as specifically approved in conjunction with a conditional use permit. 010 Amusement device arcades, subject to the provisions of Chapter 4.14, entitled "Amusement Devices," of this Code. .020 Banquet halls. 030 Bars, nightclubs, and public dance halls. 040 Bowling, pool, or billiard centers. .050 Breweries, including the on -premises sale and consumption of beer or ale. 060 Business, vocational, trade schools and training centers. .070 Carts and kiosks, provided that if food service is proposed in a cart or kiosk, the application for a conditional use permit shall include a complete description of how food products will be refrigerated and/or heated, and how utensils, appliances and equipment will be cleaned. .080 Churches or other religious institutions. .090 Computer rental/internet amusement businesses. 100 Conversion of existing structures into Planned Mixed Use Development projects or other similar mixed uses, except those listed in Section 18.100.090 (Prohibited Uses and Structures), based on project -specific features and conditions. 110 Day care facilities with eight (8) or more children. 120 Health spas and physical fitness centers (of four thousand [4,000] square feet in gross floor area or larger). 130 Hotels. 140 Laundry, self-service establishments. 150 Liquor stores. 10 .160 Markets or grocery stores having an interior building floor area of less than fifteen thousand (15,000) square feet. .170 Private educational institutions. .180 Private lodges, clubs, fraternities and sororities. .190 "Residential or Group Care Facilities," as defined in Section 18.01.190 of this Code, for seven (7) or more residents, subject to the criteria and standards in Section 18.04.160 of this Code. .200 Sale of alcoholic beverages for on -premises consumption and/or off -premises consumption, except as otherwise expressly permitted in this Chapter. .210 Telecommunication facilities other than those listed in Section 18.100.060.110 of this Chapter. .220 Uses or activities not listed, nor specifically prohibited, in this Chapter which are determined by the Planning Commission to be compatible with the purpose and objectives of the DMU Overlay Zone. 18.100.090 PROHIBITED USES AND STRUCTURES The following uses, buildings and structures shall be prohibited in the DMU Overlay Zone in a Planned Mixed Use Development: 010 Animal grooming; animal hospitals. 020 Billboards, as described in subsection 18.05.020.010 of this Code, and other off- site advertising. 030 Bus depots. .040 Drive -up or drive-through services associated with any commercial use. .050 Dry cleaning establishments with on-site dry cleaning. .060 Motels. 070 Mortuaries. 080 Outdoor storage. 090 Pawnshops. .100 Saunas or Turkish baths. 11 110 Sex -oriented businesses, as defined in subsection 18.89.020 F of this Code. 120 Tattoo parlors. .130 Thrift stores. 18.100.100 DESIGN GUIDELINES Design Guidelines for Planned Mixed -Use Developments are necessary to preserve the community health, safety and general welfare; promote developments that combine residential with non-residential uses; encourage a full array of diverse land use types and structures; create an active street life; encourage pedestrian activity; ensure that the appearance of buildings, improvements, and uses are harmonious with the character of the area in which they are located; and promote the safe and efficient circulation of pedestrian and vehicular traffic. Innovative project design, particularly involving in -fill development and reuse of existing structures, is encouraged. The Planning Commission and/or City Council may deviate from the Design Guidelines based on existing lot, site, or building configuration, compatibility of adjacent uses, and the inclusion of pedestrian -oriented space or amenities along the street side. The Guidelines will be applied and evaluated on a case-by-case basis during the Design Review Process for the Final Plan Review. The Guidelines are intended as basic principles for achieving high-quality Planned Mixed Use Developments within the Downtown Area, and shall be adopted by Resolution of the Planning Commission and/or City Council. 18.100.110 REFUSE STORAGE AREAS Storage areas for Planned Mixed Use Developments shall conform to the standards set forth in the document entitled "Refuse Container Enclosure for Multiple -Family Residential, Commercial, and Industrial Use" (Form 139) on file with the City of Anaheim or as otherwise approved by the Director of Public Works, with the additional requirement that the refuse storage facilities for residential and non-residential users shall be maintained as separate facilities and shall not allow commingling of the separate facilities. Said storage areas shall be screened from adjacent public or private rights-of-way, streets, alleys, or highways. 18.100.120 SCREENING OF EQUIPMENT All storage and mechanical equipment for Planned Mixed Use Developments shall be enclosed or completely screened from view from public rights-of-way and any residential units, whether on or off-site. In addition, roof top equipment shall be screened from view or integrated into the building design to prevent unsightly views from nearby high-rise buildings. 18.100.130 VEHICLE PARKING REQUIREMENTS .010 Parking Demand Study. Due to variations in parking demand and needs of each Planned Mixed Use Development, vehicle parking requirements and the design of the parking areas, including ingress and egress, shall be determined as part of the final plan review by the City Traffic and Transportation Manager and/or Planning 12 Commission based upon information contained in a parking demand study prepared by a California licensed, independent traffic engineer, as approved by the City Traffic and Transportation Manager. The parking demand study shall be prepared at the developer's expense and provided at the time of application for the use. .020 Minimum Parking Requirements for Residential Uses. Vehicle parking requirements in Chapter 18.06 of this Code shall be used as a guide in determining parking need. However, a minimum of one (1) designated parking space for each residential unit shall be required. .030 Designation of Parking for Residential and Non -Residential Uses. Parking spaces specifically designated for non-residential and residential uses shall be marked by the use of posting, pavement markings, and/or physical separation. Parking design shall also consider the use of separate entrances and exits, or a designated lane, for residents, so that residents are not waiting in line behind non- residential drivers. Parking structures shall be architecturally integrated with the project design. 18.100.140 SIGNAGE Proposed signage for a Planned Mixed -Use Development shall be submitted as a specific comprehensive sign program exhibit in conjunction with the final plan review application. The provisions in Chapter 18.05 of this Code (except Section 18.05.064 of this Code) shall not apply to Planned Mixed Use Developments within the DMU Overlay Zone. Notwithstanding the foregoing, roof signs incorporated into historically appropriate designs may be permitted. Signage shall be approved on a project -by -project basis. 18.100.150 DEDICATIONS AND IMPROVEMENTS Dedications of streets, public utility easements and other public works and improvements shall be required in connection with any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure within the DMU Overlay Zone in accordance with the provisions of Section 18.04.080 of this Code. 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. 13 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 19. day of August , 2003 '0004 MAYOR OF THE CTTY OF ANAHEIM ATTEST: .s TY CLE OF HE CITY OF ANAHEIM 50094.51SMANN\July 28, 2003 14 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. 5871 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of August, 2003, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of August, 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 ITY CLE K OF HE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION I IF OF ,A11Ff)RNIA 1 SS i ( )unty of 0 -anus ,1111 I t i.izen of the <_ rated States anti a reddens �i dit (_ .,unty afore�ald. I am over the age of I ,�l�rhtxet= Rears anti nol a party to Or interested ill thtahave entitled matter. 1 am the principal �I 1rk �.)I the Anaheim Bulletin . a newspaper i that i a, been adludg,.-d to be a ncwspaper of uel& irculanon t,: the Superior( <'Lln of the ul�ty fOraiige_ ate° nt ( 111tornr2 iin �.�enitr�t y�l i.ase No .1?1;):'I in and it ( ty of \nal,, inti :mim of i bangs its )1 _'ailtoi nla. "hal the notice, :-I `A 111C1 th( ;111c� Ci s t, true pl ..ICC :Opti _ has piihh,he in ea: -h regular and entire .,:ut or saw v.�nal�'r and plot ani supplement thrre:-it to J, iinp Imes. - ,k t,t. ,. kugitst _'8..7.00 .c t, tri drt lar = tAuder the nenalt' pit lu idci tl:e la it the',tnie of aiii<,rma x<ic ire,_,oulg L IUC and a 1?'SeCt Mite at Safi[a -- ia. '•. )tame i ouiw hTt'r ,.L on i),Ite ust ?T -?(i LL;1laturc Anaheim Bulletin 625 N Grand Ave. Santa kna, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION I"his space is for the County Clerk's Filing Stamp Proof of Publication of SUMMARY PUBLICATION _ - C17Y OF ANAHEIM ORDINANCE NO. 5871 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW C 14PATER 18.100 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (DOWNTOWN MD(ED-USE OVERLAY ZONE) The ordinance contains pr to establish a new Down- town Mixed -Use (DMU) Ove�iley Zara within Downtown Ana- heim. The site for the rezoning request consists of multiple properties with a combined area of approximately 38 acres bounded byy Lincoln Avenue to the noAh, &oedway to the south, Anaheim Boulevard to the east, and Harbor Boule- vard to the west. This overlay zone will allow for the future construction of new Planned mixed-use develooppmments in the downtown consisting of apartment bufldin; with ground floor retail specs, condominiums, and parking struc- tures. Certain propert.as in the downtown area will be re- classified for mored use development. I, Sheryl] Schroeder, City Clerk of the City of Anaheim, do hereby that the foregoing is a summery of Ordinance No. 5871 ordinance was introduced at a regulm meet- ing of the Cly Council of the City of Anaheim on the 5th day of August, 2603 and was duly passed and adopted at a reg- ular meedna of said Council on the 19th day of August, 2003 by the following roll cell vote of the members thereof: AYES: Maya Pringle, Council Members McCracken, Tait, Chavez, Hernandez NOES: None ABSENT: None The above summary is a brief description of the subject mat- ter contained in the text of Ordinance No. 5871, which has been prepared pursuant to Section 512 of the Charter of the City 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 full text of the ordinance, please con- tact the Office of the City Clerk, (714) 76"166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin 2st 28, 2003 uIC5854691 r _.