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5717ORDINANCE N0.5717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 2 TO THE ANAHEIM HILLS FESTIVAL SPECIFIC PLAN NO. 90-1, AMENDING ORDINANCE NO. 5109, AS PREVIOUSLY AMENDED, AND AMENDING SUBSECTION .020, OF SECTION 18.74.040 OF CHAPTER 18.74 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (SELF-SERVICE LAUNDRIES). WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, on March 27, 1990, 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 the establishment of Zoning and Development Standards for the Anaheim Hills Festival 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, ON July 28, 1992, the City Council amended Specific Plan No. 90-1 by approving Resolution No. 92R-160 (amending Resolution No. 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 No. 90R-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, on August 18, 1998, the City Council amended Specific Plan No. 90-1 by approving Resolution No. 98R-164 (Amending Resolution No. 90R-86 and Resolution No. 90R-87 and adopting Ordinance 5645 (amending Ordinance No. 5109) to permit senior citizen apartments in Development Area 4 and amending the Zoning and Development Standards relating thereto (Amendment No. 3"); and WHEREAS, on August 24, 1999, the City Council adopted Ordinance No. 5697 amending Ordinance No. 5109 relating to Adjustment No. 1 to the Anaheim Hill Festival Specific Plan No. 90-1, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.74 of the Anaheim Municipal Code relating to an amendment of the theater sign standards to permit a second wall sign for Edwards Cinemas; and WHEREAS, the proposed adjustment requests amendment of the requirements for self-service laundry establishments to authorize such establishments by the approval of a conditional use permit; and WHEREAS, on November 22, 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. 5109 BE, AND THE SAME IS HEREBY AMENDED, TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN CHAPTER 18.74 OF THE ANAHEIM MUNICIPAL CODE AS SET FORTH IN SECTIONS 1 AND 2 AS FOLLOWS: SECTION 1. That subsection .020 of Section 18.74.040 of Chapter 18.74 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended, to modify subparagraph (a)(35) and add subparagraph (b)(6), to read as follows: ".020 General Standards. Except as otherwise specifically set forth herein, the standards of the Scenic Corridor Overlay Zone shall apply. The use, building and structural height, Setback, improvement of Setback, landscaping and roof projection requirements set forth in this subsection 18.74.040.020 shall apply in each of the four Development Areas unless otherwise stated therein. No 3 (a) Permitted Uses. Uses listed as `Permitted Accessory Uses' and `Permitted Temporary Uses' from the Anaheim Municipal Code Sections 18.44.030 and 18.44.040 of the Commercial Overlay Zone and the following uses and substantially similar uses shall be permitted in all Development Areas: 1. Antique shop; 2. Automobile rental agencies (office only with no on-site car display or car storage); 3. Bakery; 4. Barber/beauty shops; 5. Bicycle shops; 6. Book stores; 7. Bowling, pool or billiard centers; 8. Broadcasting studio; 9. Business offices/agencies; 10. Candy stores; 11. Carpet and rug sales and installation; 12. Catering establishments; 13. China and glassware stores; 14. Cigar and smoke shops; 15. Clothing or apparel stores; 16. Commercial retail centers; 17. Conservatoire studios; 18. Convenience food stores (not in connection with gasoline sales); 9 19. Curtain and drapery shops; 20. Department stores; 21. Drug stores; 22. Electrical equipment sales and repair shops; 23. Fabric shops; 24. Fast food restaurants — Development Areas 1 and 2 — two drive-throughs maximum, one on Pad D and one on another Pad in Development Area 1 or 2 and an additional 7,500 square feet maximum of fast food space in the main tenant area of Development Areas 1 and 2; 25. Financial institutions with walkup windows/automatic teller machines; 26. Financial institutions with drive- through — Maximum of three in Development Areas 1 and 2. To be located on Pad E and on two other Pads in Development Area No. 1 or 2; 27. Floor covering shops; 28. Florists; 29. Furniture stores; 30. Health spas and physical fitness centers up to 4,000 square feet; 31. Hobby shops; 32. Home improvement stores; 33. Interior decorator; 34. Jewelry stores; 35. Dry cleaning; 36. Leather goods and luggage stores; 4 37. Liquor stores; 38. Locksmiths; 39. Meat market; 40. Medical/dental offices; 41. Musical instrument sales and repair shops; 42. Music stores; 43. Newspaper and magazine stores; 44. Office business machine and computer component stores; 45. Optical and optometrical offices/ shops; 46. Paint, glass and wallpaper stores; 47. Pinball and electronic game arcades (pursuant to an arcade permit); 48. Record, tape and video stores; 49. Rental services; 50. `Reproduction service businesses' including, but not limited to, messenger services, wire services, blueprinting, drafting, job printing, microfilming, etc.; 51. Retail supply stores including but not limited to, vehicle accessories and parts, books, hardware, pet shops, photographic, sporting goods, tobacconists, toys, yardage, etc.; 52. Secretarial or answering services; 53. Shoe stores; 54. Sit-down restaurants with or without alcohol; 5 55. Specialty food stores such as delicatessens, cookie stores, yogurt shops and other specialized retail food stores; 56. Supermarkets, markets and groceries; 57. Travel agencies; 58. Typewriter sales and service; 59. Veterinary clinics, non -boarding; and 60. Watch and clock sales and repair shops. (b) Conditional Uses. The following uses and substantially similar uses shall be permitted with a conditional use permit: 1. One automobile washing: self-service or automatic, including use of mechanical conveyors, blowers and steam cleaners (hereinafter referred to as `Autowash') (on lower level/north portion of Development Area No. 2); 2. Convenience food stores in connection with gasoline sales; 3. Day care centers (for children or elderly); 4. Medical/dental labs; and 5. Medical emergency care facilities. 6. Laundry, Self -Service establishments (c) Buildings and Structural Height Limitations. 1. Building Height. Except as otherwise specifically set forth herein, building heights shall conform with the Requirements of the Scenic Corridor Overlay Zone. The height of all structures shall be measured from the highest portion of the structure to the ground floor elevation directly below 1.1 that point, including any roof -mounted equipment and architectural projections, except as otherwise indicated herein. 2. Roof -Mounted Equipment. Roof -mounted equipment shall be permitted only to the extent that such equipment is screened from street view by architectural elements and painted to match building coloration. Roof -mounted equipment shall not exceed the height of the architectural projections. (d) Lighting Height Limitations. Lights in the internal parking lots, access roads and local roads shall not exceed a height of thirty (30) feet including the base, except that all such lights in Development Area 4 shall not exceed a height of twelve (12) feet including the base. All such lights shall be shielded so as to not project light off-site and where located in the parking lots shall be of a high pressure sodium type. (e) Setbacks. Except as otherwise specifically set forth herein, Setbacks shall conform to the Requirements of the Scenic Corridor Overlay Zone. Buildings along internal parking access roads shall be subject to a minimum building Setback of five (5) feet. (f) Improvements of Setbacks. Except as otherwise specifically set forth herein, improvement and landscaping of required Setbacks shall conform to the Requirements of the Scenic Corridor Overlay Zone. Setbacks along internal parking access roads may include sidewalks, seating areas, plazas and landscaping. Except to the extent that Minimum Landscaped Areas are specifically required herein, Setback areas may include Parking Areas. (g) Landscaping. Parking area end islands shall contain a minimum of one tree each with tree wells provided within the parking area. Parking Areas shall be landscaped with at 7 least one tree per three thousand (3,000) square feet of parking area with tree wells provided within the parking area. The trees shall be located in parking end islands, in tree wells, adjacent to interior drive aisles, in perimeter areas abutting the parking area and adjacent to buildings abutting the Parking Areas. Approximately five hundred (500) trees shall be planted within the Parking Areas with an approximate distribution of ten percent (100) in building areas, twenty percent (20%) in end islands, twenty-five percent (25%) in tree wells and forty-five percent (45%) in accessways and perimeters. Trees shall be planted no closer than seven (7) feet from the sidewalk on public streets. The minimum size of parking area trees shall be twenty-four (24) inch box trees. The average planter area of all tree planters shall be forty-eight (48) square feet, with a minimum dimension of six (6) feet. (h) Site Screening Setback. Along any area abutting a residential zone boundary, site screening shall be provided by a Minimum Landscaped Area of ten (10) feet utilizing a combination of trees and shrubs. A wrought iron fence shall be required to be located separating the developed portion of the Specific Plan Area from the residential properties to the south, at a location to be approved by the City Engineer, which shall be completed prior to issuance of building permits. (i) Sign Regulations. Entrance monumentation and other site and building signage shall be permitted. Such signage shall be governed by the standards set forth in subsection 18.74.040.080. (j) Parking Regulations. Parking Areas shall be permitted as set forth herein. Such areas shall be governed by the standards set forth in subsection 18.74.040.070." 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. 4 THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 11th day of January 2000. M OR 0 E CITY F ANAHEIM ATTEST: C TY CLE K OF THE CITY OF ANAHEIM 33144.1/SMANN/October 29, 1999 10 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. 5717 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of December, 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of January, 2000, 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. 5717 on the 11 th day of January, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of January, 2000. Mm"CIZLE�kK • 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. 5717 and was published once in the North County News on the 20th day of January, 2000. CITY CL RK OF THE CITY OF ANAHEIM