5645ORDINANCE NO. 5645
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING ORDINANCE NO.
5109 RELATING TO THE ANAHEIM HILLS
FESTIVAL SPECIFIC PLAN NO. 90-1 (AMENDMENT
NO. 3) .
WHEREAS, pursuant to the procedures set forth in
Chapter 18.93 of the Anaheim Municipal Code, the City Council
of the City of Anaheim adopted Ordinance No. 5110 amending the
zoning map to reclassify certain real property described
therein into the Anaheim Hills Festival Specific Plan No. 90-1
Zone subject to certain conditions as specified therein, and
Ordinance No. 5109 relating to establishment of zoning and
development standards for Specific Plan 90-1 by the addition
of Chapter 18.78 to said Code; and
WHEREAS, on July 28, 1992 the City Council amended
Specific Plan No. 90-1 by approving Resolution No. 92R-160
(amending Resolution Nos. 90R-86 and Resolution No. 90R-87)
and adopting Ordinance No. 5324 (amending Ordinance No. 5110)
amending conditions of approval of the Specific Plan and the
Zoning and Development Standards relating thereto ("Amendment
No. 1"); and
WHEREAS, on July 22, 1997 the City Council amended
Specific Plan No. 90-1 by approving Resolution No. 97R-41
(amending Resolution Nos. 9OR-86 and Resolution No. 90R-87)
and adopting Ordinance No. 5603 (amending Ordinance No. 5110)
amending conditions of approval of the Specific Plan and the
Zoning and Development Standards relating thereto ("Amendment
No. 2"); and
WHEREAS, pursuant to the procedures set forth in
Chapter 18.93 of the Anaheim Municipal Code, the City Council
of the City of Anaheim has heretofore adopted its Resolution
No. 90R-86 approving the Anaheim Hills Festival Specific Plan
No. 90-1 and Resolution No. 90R-87 approving Zoning and
Development Standards with conditions of approval for Specific
Plan No. 90-1; and
WHEREAS, in connection with adoption of Specific
Plan No. 90-1 (Anaheim Hills Festival), the City Council
certified Supplemental EIR No. 300 and adopted the
corresponding Mitigation Monitoring Program (Attachment C of
Resolution No. 90R-86); and
WHEREAS, Development Area 4 of Specific Plan No. 90-
1 is designated as a Business Commercial Development Area,
designed to accommodate office uses including conference and
convention centers together with retail and food service uses;
and
WHEREAS, the applicant has requested Amendment No. 3
to Specific Plan 90-1 to permit senior citizens' apartments in
Development Area 4 subject to the regulations of Chapter
18.32 (RM -2400 Residential Multiple -Family) and Chapter 18.98
(Criteria and Standards for Senior Citizens' Apartment
Projects), as modified in the request; and further subject to
approval of a conditional use permit; and
WHEREAS, Amendment No. 3 proposes enhanced lower -
density development standards based upon the RM -2400 Zone,
rather than the RM -1200 Zone standards ordinarily required by
Chapter 18.98, and reduces the requirements for affordable
units in Chapter 18.98; and
WHEREAS, on June 8, 1998 and June 22, 1998 the City
Planning Commission did hold a public hearing upon Amendment
No. 3 to Specific Plan No. 90-1, notice of which hearing was
given in the manner required by law; and
WHEREAS, said Commission did duly adopt its
Resolution No. PC98-96 recommending to the City Council the
adoption of Amendment No. 3 to Specific Plan No. 90-1 (Anaheim
Hills Festival) as specifically shown on the June 22, 1998,
staff report to the Planning Commission on file in the
Planning Department and incorporated herein by this reference;
and
WHEREAS, the City Council did hold a public hearing
upon Amendment No. 3 to Specific Plan No. 90-1, notice of
which hearing was given in the manner required by law; and
WHEREAS, the City Council, after due inspection,
investigation and study made by itself and in its behalf, and
after due consideration of all evidence and reports offered at
said hearing, desires to amend Ordinance No. 5109 to amend the
Zoning and Development Standards for Specific Plan No. 90-1
adopted therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
A. That Ordinance No. 5109, as previously amended,
be, and the same is hereby, amended to amend subsection
18.74.040.060 of Section 18.74.040 of Chapter 18.74 of Title
18 of the Anaheim Municipal Code to read as follows:
".060 Development Area 4 - Business Commercial
Development Area. Development Area 4 is designed to
accommodate office uses including conference and convention
centers together with retail and food service uses, or to
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provide for the development of senior citizens' apartment
housing. In addition to the applicable non -conflicting
portions of Section IV -D-2 of the Anaheim Hills Final Specific
Plan document and the Zoning Code, the following regulations
shall govern this area:
(a) Permitted Uses. In addition to the uses permitted in
Section IV -D-2, the following uses and substantially
similar uses shall be permitted in Development Area 4:
1. Conference and Convention Centers.
2. Corporate Headquarters.
(b) Conditional Uses. The following uses and substantially
similar uses shall be permitted with a conditional use
permit:
1. Community Recreation Facilities.
2. Senior Citizens' Housing, subject to all of the
restrictions and regulations of Chapter 18.32 (RM -
2400 Residential Multiple -Family) and Chapter 18.98
(Criteria and Standards for Senior Citizens'
Apartment Projects) except as provided below:
(i) Minimum lot area shall be 17.1 acres
(i.e., the entire Development Area 4
site).
(ii) Minimum lot area per dwelling unit shall
be two thousand eight hundred seventy five
(2,875) square feet per dwelling unit for
a maximum density of fifteen and two
tenths (15.2) dwelling units per acre.
(iii) Minimum floor area per dwelling unit shall be:
One (1) bedroom unit
Two (2) bedroom unit
seven hundred (700)
square feet.
eight hundred seventy
five (875) square
feet.
(iv) Maximum building height shall be thirty five
(35) feet or three (3) stories), whichever is
less, with no roof mounted equipment being
permitted.
(v) Maximum lot coverage shall be limited to
ten percent (100) of the building site.
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(vi) Minimum structural setbacks shall be:
Fifty (50) feet from Festival Drive.
Ninety (90) feet from abutting single-family
residential zone boundaries.
Twenty (20) feet between separate buildings.
Eighty (80) feet from Development Area 3
boundaries.
(vii) Minimum width of pedestrian walkways shall be
five (5) feet.
(viii) Minimum recreational/leisure area shall be
seven hundred fifty (750) square feet per
dwelling unit, with a minimum four thousand
(4,000) square feet of indoor recreation room
area being provided.
(ix) Required affordable units shall be a minimum of
fifty (50%) of the total number of developed
dwelling units, with twenty percent (20%) of
the dwelling units designated at fifty percent
(50%) of the Adjusted Median Income and the
remaining thirty percent (30%) of the dwelling
units designated at sixty percent (60%) of the
Adjusted Median Income.
(x) Permitted identification signage for the
complex shall be limited to a total of three
(3), twenty (20) square feet each monument
signs for the two (2) main entrance driveways.
(c) Building Height. The maximum building
height shall be forty five (45) feet or three
(3) stories, whichever is less, excluding
architectural projections and properly
screened roof -mounted equipment which may
extend up to five (5) feet, for a total of
fifty (50) feet.
(d) Improvement of Setbacks. A minimum
landscaped area of ten (10) feet shall be
provided along Festival Drive."
B. Except as expressly amended herein, Ordinance No. 5109
and Specific Plan 90-1, shall remain in full force and effect.
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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 enactment.
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 FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 18th day of Aug�t 1998.
MA OR OF TH OF AN IM
ATTE
CITY CLERK OF THE Y OF ANAHEIM
0027273.01
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM }
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5645 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 11th day of August, 1998, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 18th day of August, 1998, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5645 on the 18th day of August, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 18th day of August, 1998.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5645 and was published once in the North County News on
the 27th day of August, 1998.
CITY CLERK OF THE CITY OF ANAHEIM