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5716ORDINANCE NO 5716 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 1 TO THE CYPRESS CANYON SPECIFIC PLAN NO. 90-3, AMENDING ORDINANCE NO. 5296, AS PREVIOUSLY AMENDED, AND AMENDING SUBSECTION .060 OF SECTION 18.77.070 OF CHAPTER 18.77 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 April 21, 1992, the City Council of the City of Anaheim adopted Ordinance No. 5296 amending the zoning map to reclassify certain real property described therein into the Cypress Canyon Specific Plan No. 90-3 Zone subject to certain conditions as specified therein, and Ordinance No. 5297 relating to the establishment of Zoning and Development Standards for the Cypress Canyon Specific Plan No. 90-3 by the addition of Chapter 18.77 to said Code; and WHEREAS, in connection with adoption of Specific Plan No. 90-3 (Cypress Canyon), the City Council certified FEIR No. 298 with the Statement of Overriding Considerations and the corresponding Mitigation Monitoring Program; and WHEREAS, on June 6, 1995, the City Council adopted Ordinance No. 5500 amending Ordinance No. 5296 relating to the Cypress Canyon Specific Plan No. 90-3, which amendment revised certain of said conditions of approval as set forth in Ordinance No. 5296 ("Amendment No. 1"); 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. 1 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. 5297 BE, AND THE SAME IS HEREBY AMENDED, TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN CHAPTER 18.77 OF THE ANAHEIM MUNICIPAL CODE AS SET FORTH IN SECTION 1 AS FOLLOWS: SECTION 1. That Subsection .060 of Section 18.77.070 of Chapter 18.77 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to modify subparagraph (a)(18) and to add subparagraph (d)(15), to read as follows: ".060 Development Areas 1 and 2—Areas to be Developed for a Neighborhood Convenience Shopping Center. All standards of the "CL (SC)" Commercial Zone, as amended herein, shall apply as provided below. (a) Permitted Primary Uses and Structures. The following retail stores and service businesses, either singly or in combination, may be permitted in this zone subject to the limitations prescribed in subsection (b) of this section and as provided herein: (1) Antique shop. (2) Appliance store, including radio and TV, with or without repair service. (3) Bakery (not employing more than five persons). (4) Barber and/or beauty shops. (5) Book stores, new or used. (6) Broadcasting studios, radio or TV. (7) Clothing or apparel stores, including tailor and dressmaking shops, millinery, etc., dealing in new or reconditioned used merchandise. (8) Conservatories or studios: art, music, dancing, photography, etc. (9) Department, notion or variety stores. 2 (10) Drugstore or pharmacy. (11) Furniture stores: new (finished or unfinished), used, etc. (12) Markets or grocery stores having an interior building floor area of not less than fifteen thousand (15,000) square feet. (13) Health spas and physical fitness centers (if less than four thousand (4,000) square feet in gross floor area). (14) Hobby shops. (15) Interior decorator. (16) Jewelers or lapidary shops. (17) Laboratory: medical or dental. (18) Dry cleaning establishments (full- service, attendant operated) including retail collection and distribution stations, but excluding wholesale operations. (19) Liquor store: `off -sale' alcoholic beverage only. (20) Locksmith. (21) Meat market or delicatessen. (22) Reconditioned used merchandise sales. (23) Reproduction services, including, but not limited to, blueprinting, drafting, job printing, microfilming, etc. (24) Retail supply stores, including but not limited to vehicle accessories and parts, books, hardware, pet shops, photographic, sporting goods, tobacconists, toys, yardage, etc. (25) Restaurants (enclosed only). 3 (26) Rental services: household, sickroom, office, equipment, costumes, etc. (27) Secretarial or answering services. (28) Shoe stores, sales or repair. (29) Business service firms including architectural, engineering, drafting services, market research, secretarial or answering services, tailors or other similar uses. (30) Business agencies including advertising, travel, credit, finance, employment and other similar uses. (31) Business offices including accounting, bookkeeping, insurance, legal, real estate, public utilities, business or personal consultants or other similar uses. (32) Financial offices and institutions including banks, trust companies, savings and loan associations, security or commodity exchanges and other similar uses. (33) Medical and dental offices. (b) Limitations and Exceptions to Permitted Uses and Structures. Notwithstanding any other provisions of this chapter, the following limitations shall apply for the conduct of any use permitted in the CL Zone: (1) All stores shall deal primarily in new merchandise, excepting as otherwise specified. (2) All uses except normal service station operations and those specifically excepted hereinafter shall be conducted wholly within a building. (3) All uses shall be conducted in a manner so as not to be objectionable by reason of G! noise, odor, dust, fumes, smoke, vibrations or other similar causes. (4) No business activity for which a permit is required pursuant to Chapter 4.29 or 4.31 of this Code or any other business activity wherein patronage and/or employment is limited to persons eighteen (18) years of age or older, except in activity authorized by Chapter 7.34 hereof, shall be permitted unless a conditional use permit is first obtained therefor. (5) No combination of otherwise permitted uses or businesses which constitute a `commercial retail center' as defined in Section 18.01.040 of this Code shall be permitted unless a conditional use permit is first obtained therefor pursuant to Chapter 18.03 hereof. (c) Permitted Accessory Uses and Structures. The following accessory uses may be conducted where clearly incidental to, and integrated within a primary use structure except as otherwise provided herein: (1) Automobile parking lots or structures (commercial or private), including open-air lots and enclosed or underground facilities; provided any such facilities are improved in compliance with adopted parking lot development standards. (2) Banquets, indoor or outdoor, when conducted as an incidental and occasional activity in conjunction with an enclosed restaurant. (3) Dwelling, where used by a proprietor, manager or custodian of a use permitted within this zone, provided that the minimum floor area of such a dwelling shall be that required in the RM -1200, Multiple -Family Residential Zone. (4) The manufacturing, processing, repair, 5 treatment, or storage of products which is clearly incidental to the retail business conducted on the premises shall be permitted provided that such manufacturing, processing, repair treatment or storage operations are not objectionable due to noise, odor, dust, smoke, vibrations or other similar causes. (5) The wholesaling of products, where clearly incidental to and integrated within a primary use structure. (6) Ice vending machines, of three tons capacity or less, may be located within a structure on the premises occupied by a primary use subject to all other provisions of this zone. (7) Tobacco, candy, newspaper and magazine counters (where clearly incidental to a primary use structure). (8) Reverse rending machines and small collection facilities for recycling purposes subject to the requirements of Chapter 18.95 of the Anaheim Municipal Code. (9) Signs in compliance with the provisions of Section 18.77.090 herein. (d) Conditional Uses. (1) Mixed Use Development, including the following uses: (A) Research services. (B) Administrative and office. (C) Professional design services. (D) Light wholesale and enclosed storage and distribution. (E) Business support services. 0 (2) Alcoholic beverage `on -sale' facilities, whether or not integrated with a restaurant. (3) Animal hospitals and/or kennels where integrated with a shopping center subject to the requirements of Chapter 18.87 of the Anaheim Municipal Code. (4) Automobile service stations where integrated with a shopping center subject to the requirements of Chapter 18.87 of the Anaheim Municipal Code. Provided that as a condition for the granting of a conditional use permit for an automobile service station, the applicant shall agree in writing to remove the structures in the event that the station is closed for a period of twelve consecutive months. A service station shall be considered closed during any month which is open for less than fifteen (15) days. (5) Child nurseries, with six (6) or more children. (6) Churches. (7) Commercial retail Section 18.01.040 Municipal Code. centers as defined in of the Anaheim (8) Health spas and physical fitness centers (of four thousand (4,000) square feet in gross floor area or larger). (9) Hotels and motels. (10) Markets or grocery stores having an interior building floor area of less than fifteen thousand (15,000) square feet. (11) Plant nurseries; provided, however, that the following additional minimum site development standards shall apply: All 7 areas devoted to outdoor storage of other than plant material shall be adequately screened from view by a masonry wall. The storage shall not exceed the height of the wall and shall be limited to botanically related materials. (12) Post offices and substations. (13) Restaurants, semi -enclosed drive-in, drive-through or walk-up. (14) Self -storage or mini -warehouse facilities. (15) Laundry, Self -Service establishments. (e) Site Area Limitations. (1) The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this zone. (2) Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets and highways and between coordinated facilities, access ways or parking areas on adjacent sites. (3) The proposed development shall not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. (f) Building and Structural Height Limitations. The maximum building height shall be thirty-five (35) feet above the average finished grade levels of the building site on which is located measured at the exterior building walls, provided however, heights in excess of thirty-five (35) feet may be permitted by conditional use permit pursuant to the provisions of Chapter 18.03 of the Anaheim Municipal Code. (1) Roof -mounted equipment included exterior -mounted and ground -mounted radio and television antennas shall not be permitted. (g) Building setbacks have been developed for the two (2) commercial development areas (Replaces Section 18.84.062.012). Development Area 1: (1) Santa Ana Canyon Road and Coal Canyon Road Minimum one hundred (100) foot structural setback for primary buildings and a minimum fifty (50) foot structural setback for freestanding secondary buildings adjacent to Santa Ana Canyon Road and Coal Canyon Road with a minimum thirty-five (35) foot fully landscaped area adjacent to the right-of-way. (2) SR -91 Fwy. Minimum one hundred (100) foot structural setback with a minimum thirty (30) foot fully landscaped area adjacent to property line. Development Area 2: (1) Coal Canyon Road. Minimum fifty (50) -foot structural setback south of Santa Ana Canyon Road transitioning to one hundred (100) foot structural setback north of Santa Ana Canyon Road with a minimum thirty-five (35) foot fully landscaped area adjacent to the right-of-way. (2) SR -91 Fwy. Minimum fifty (50) -foot fully landscaped structural setback adjacent to property line. (h) Improvement of Required Setbacks (Replaces Sections 18.84.062.014, .0141, 042). The required setback shall be either fully landscaped or may be used as part of an E automobile parking area; provided that a minimum twenty-five (25) foot wide screen planting area shall be maintained adjacent to any right-of-way. This may include the landscaping area of ten (10) to fourteen (14) feet. (i) Interior Site Boundary Lines Abutting Any Commercial Boundary. No setback shall be required, except as required under the Uniform Building Code. (1) Interior Site Boundary Lines Abutting Any Residential Zone Boundary. A minimum open setback of not less than ten (10) feet; provided, however, that for any building over three stories in height the setback areas shall be increased in width two feet for each story by which the building exceeds three stories in height. (j) Permitted Encroachments into Required Yards. (1) Cornices, eaves, belt courses, sills, buttresses and fireplaces. (2) Balconies and exterior stairways. (3) Fire escapes. (4) Guard railings. (5) Fences, walls and hedges in compliance with Section 8.04.043 of the Anaheim Municipal Code. (6) Signs, in compliance with Section 18.77.090 of Specific Plan SP90-3. (7) Landscaping, consisting of lawn trees, shrubs, or other natural planting materials, and including fountain, ponds, sculptures, walkways, flagpoles for display of natural, state, or company ensigns only light standards and decorative screen type walls, thirty-six (36) inches in height or less when an 10 integral part of a landscaping theme. (k) Off -Street Parking and Loading Requirements. All vehicle accessways and parking and loading areas shall comply with the provisions of Chapter 18.06 of the Anaheim Municipal Code and as provided herein: (1) Location of required parking spaces shall comply with the requirements of Section 18.06.010 of the Anaheim Municipal Code. (2) Layout and design of parking areas and vehicle access ways shall comply with the requirements of Section 18.06.020. (3) Required Improvement of Parking Areas. Landscaping shall include at least one tree per three thousand (3,000) square feet of parking area and/or vehicular accessways evenly distributed throughout the parking area. There shall be an average of forty eight (48) square feet of planter area provided per tree. The planter areas shall have a minimum dimension of six (6) feet. (4) Layout and design of parking areas and vehicle access ways shall comply with the requirements of Section 18.06.040. (5) Minimum number, type and design of parking spaces. The minimum number, type and defining parking spaces shall comply with the requirements of Section 18.06.050 of the Anaheim Municipal Code. (6) Truck loading facilities shall comply with the requirements of Section 18.06.060 and Section 18.06.070. (1) Required Site Screening (Replaces Section 18.44.068). Except as otherwise provided herein, a solid decorative type masonry wall, landscaped earthen berm or any combination thereof totaling not less than six (6) feet in height, may be provided along and 11 immediately adjacent to the site boundary line of any commercial development abutting freeway. The height of any such wall and/or berm shall be as measured from the highest finished grade level of the subject or adjacent properties, whichever is the higher. (m) Exceptions. (1) Within any required street setback area, the height off any required wall and/or berm shall be reduced to not more than thirty-six (36) inches. (2) No wall or berm shall be required across any approved vehicle or pedestrian access way. (3) Where unusual topography exists, height requirements may be modified or waived by resolution of the Planning Commission or City Council if the City Engineer certifies that the erection of such wall or berm would not be practical in the exercise of sound engineering practices. (n) Refuse Storage Requirements. Refuse storage areas shall conform to the standards as shown on the document `minimum acceptable trash collection areas' on file in the office of the Director of Public Works." 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 other ordinance of this City shall in any manner prosecution for violations of ordinances, which committed prior to the effective date thereof, n 12 the repeal of any affect the violations were or 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 1 1 th day of January , 2000 . MAY R OF THE CITY 6 ANAHEIM ATTEST: ITY CL K OF THE CITY OF ANAHEIM 33145.1\SMANN\November 15, 1999 13 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. 5716 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 11 th 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. 5716 on the 11th 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. ITY CL RK 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. 5716 and was published once in the North County News on the 20th of January, 2000. ce�.c.-eu..�•c� CItV`CLER1e0F THE CITY OF ANAHEIM