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5703ORDINANCE NO. 5703 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 2 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, AMENDING ORDINANCE NO. 5453,AND AMENDING SUBSECTION 18.48.070.090 OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, on September 27, 1994, the City Council of the City of Anaheim adopted Ordinance No. 5454 amending the zoning map to reclassify certain real property described therein into the Anaheim Resort Specific Plan No. 92-1 zone subject to certain conditions as specified therein, and Ordinance No. 5453 relating to the establishment of Zoning and Development Standards for the Anaheim Resort Specific Plan No. 92-2 by the addition of Chapter 18.48 to said Code; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No. 92-2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67 -acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the Anaheim Resort Specific Plan No. 92-2, a request to amend the zoning and development standards to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26, 1999 City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local street status of Convention Way; and WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance No. 5453 relating to Amendment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a .73 -acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, the proposed adjustment relates to the minimum landscape setback requirement for properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the Anaheim Resort Specific Plan Area; and WHEREAS, on August 30, 1999, the Anaheim City Planning Commission considered and approved the proposed Adjustment No. 2 and recommended to the City Council that it adopt an ordinance incorporating said 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 ORDINANCE NO. 5453 BE, AND THE SAME IS HEREBY, AMENDED TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN CHAPTER 18.48 OF THE ANAHEIM MUNICIPAL CODE AS FOLLOWS: SECTION 1. That subsection .090 of Section 18.48.070 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended, (to add subparagraph (h) to paragraph .0901), to read as follows: NN 090 Structural Setback and Yard Requirements. Buildings and structures within this Specific Plan area shall be provided with open yards and setbacks extending across the full width of the property as provided herein. All setbacks shall be fully landscaped, irrigated, and maintained in a manner in compliance with the Design Plan. The following minimum setback requirements shall apply to permanent buildings and structures constructed within this Zone, except as otherwise provided in paragraph 18.48.070.120.1208, entitled "SPECIAL INTERSECTION LANDSCAPE TREATMENT," and elsewhere in this Chapter. .0901 Setbacks - Abutting Public Rights -of -Way. Such setbacks shall be measured from the ultimate planned right-of-way as designated on the Circulation Element of the General Plan and as further described in Sections 4.0 (Public Facilities Plan) and 5.0 (Design Plan) of the Anaheim Resort Specific Plan document. FF (a) Lots abutting Katella Avenue between Walnut Street and Interstate 5 (Santa Ana Freeway) shall have a minimum fully landscaped front yard setback of eleven (11) feet. (b) Lots abutting Harbor Boulevard between Interstate 5 and Orangewood Avenue shall have a minimum fully landscaped front yard setback of twenty-six (26) feet. (c) Adjacent to the following major, primary and secondary roads within the Specific Plan area, the minimum setback for buildings seventy-five (75) feet tall or less shall be twenty (20) feet; for buildings greater than seventy-five (75) feet, the minimum setback shall be thirty (30) feet: (1) Ball Road. (2) Clementine Street. (3) Freedman Way. (4) Harbor Boulevard, north of Interstate 5. (5) Haster Street/Anaheim Boulevard. (6) Manchester Avenue (between Harbor Boulevard and Clementine Street). (7) Orangewood Avenue. (8) Pacifico Avenue (Alignment shown on the Circulation Element of the City of Anaheim General Plan). (9) West Street/Disneyland Drive, north of Ball Road. (10) West Street, south of Katella Avenue. (d) Adjacent to local streets within the Specific Plan area, the minimum setback for buildings thirty- five (35) feet tall or less shall be ten (10) feet; for buildings greater than thirty-five (35) feet, the minimum setback shall be twenty (20) feet. Local streets include: (1) Alro Way. (2) Casa Vista Street. (3) Mountain View Avenue. (4) Ox Road. (5) Vermont Avenue. (6) West Place (Portion of West Street south of Ball Road within the Specific Plan area). (7) Zeyn Street. 3 (e) For West Street/Disneyland Drive between Katella Avenue and Ball Road, the minimum setback shall be nineteen (19) feet. (f) Adjacent to Walnut Street, the minimum setback shall be thirty (30) feet. (g) Adjacent to Convention Way, the minimum setback for buildings seventy-five (75) feet tall or less shall be twenty (20) feet; for buildings greater than seventy-five (75) feet, the minimum setback shall be thirty (30) feet. (h) Adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the Anaheim Resort Specific Plan Area, the minimum setback shall be twenty (20) feet. .0902 Setback Adjacent to Interstate 5 (Santa Ana Freeway). A minimum ten- (10) foot wide fully landscaped area shall be provided on any private property located immediately adjacent to the ultimate right-of-way line of Interstate 5. .0903 Interior Structural Setback and Yard Requirements. A minimum ten (10) foot wide fully landscaped setback shall be required within the area abutting any interior lot property lines; except that when an interior lot property line is within one hundred fifty (150) feet of any single-family or multiple -family residential zone (excepting an RS -A-43,000 Zone, which has a resolution of intent to a zone other than residential) or any property encompassed by the MHP Overlay, an open side yard setback area, with not less than twenty (20) feet of landscaping adjacent to the property line, equal to two (2) times the height of any proposed building or structure as measured to the highest point of the building, including any penthouse or other structure, shall be provided. Such setbacks shall be measured from the interior property line. Setbacks less than two (2) times the height of any proposed building or structure may be permitted subject to the approval of a conditional use permit as set forth in subsection 18.48.070.050 entitled "CONDITIONAL USES AND STRUCTURES" of this chapter." 4 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 this 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. SAVING 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 thereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violations 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 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. R THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 21-,t-- day of September 1999. MAYOR OF THE CITY OF JIAHEIM ATTEST: 21aiae.L OU4-00-� CITY CL K OF THE CITY OF ANAHEIM 32284.1\SMANN 6 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. 5703 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of September, 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21st day of September, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS NOES: MAYOR/COUNCIL MEMBERS ABSENT: MAYOR/COUNCIL MEMBERS Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5703 on the 21 st day of September 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21 st day of September, 1999. CITY CLER OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5703 and was published once in the North County News on the 30th day of September, 1999. CITY CLERK OF THE CITY OF ANAHEIM PROOF 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 twenty one 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: .� .jj0 sss " I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Date September 30 , 1999 Signature Anaheim Bulletin 1771 S. Lewis St. Anaheim, CA 92805 (714) 634-1567 This space is for the County Clerk's Filing Stamp Proof of Publication of LEGAL NOVICE NOTICE OF ADOFTION,Of OjEWNANCE ORDINANCE NO. 5703. At their regular meetling held September 21, 1999, the AAnaheim City Council voted on adoption of this Ordinance with the following result: Ayes: Feldhaus, Kring, Tait, McCracken, and Daly Noes: None Abstain: None Absent. None This ordinance is approving the Specific Plan Adjustment No. 2 to the Anaheim Resort Spe- cific Plan No. 92-2, Amending Ordinance No. 5453, and Amending Subsection 18.48.070.090 of the Anaheim Municipal code. If you wish a full copy of the text of the above Ordinance, please call the Office of the City Clerk of Anaheim, 765-5166, between 8:00 a.m. and 5:00 P.M. Monday through Friday. There Is no charge for the copy. Published: Anaheim Bulletin September 30, 1999 25-1301 9NU201600 PROOF OF PUBLICATION