5625ORDINANCE NO 5625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 5444 RELATING TO SPECIFIC PLAN
ADJUSTMENT NO. 1 TO THE HOTEL CIRCLE SPECIFIC PLAN NO. 93-1
(CHAPTER 18.79 OF THE ANAHEIM MUNICIPAL CODE).
WHEREAS, pursuant to the procedures set forth in Chapter
18.93 of the Anaheim Municipal Code, on August 9, 1994, the City
Council of the City of Anaheim adopted Ordinance No. 5443
amending the zoning map to reclassify certain real property
described therein into the Hotel Circle Specific Plan No. 93-1
Zone subject to certain conditions as specified therein, and
Ordinance No. 5444 relating to establishment of Zoning and
Development Standards for the Hotel Circle Specific Plan No. 93-1
by the addition of Chapter 18.79 to said Code; and
WHEREAS, the Planning Commission, duly initiated Specific
Plan Adjustment No. 1 at its regularly scheduled meeting of July
21, 1997; and
WHEREAS, the proposed amendments, which are designed to
facilitate processing of projects, relate to standards addressing
the final site plan review process, definitions, driveway widths,
conditional uses, permitted encroachments, parking and signage;
and
WHEREAS, on August 4, 1997, 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 AS FOLLOWS:
A. That Ordinance No. 5444 be, and the same is hereby,
amended to revise the Zoning and Development Standards in Chapter
18.79 of the Anaheim Municipal Code as follows:
SECTION 1.
That subsection .010 of Section 18.79.040 of Chapter
18.79 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.010 Implementation. The Specific Plan shall be
implemented through the processing of and approval of Final
Site Plans prior to the issuance of building permits for
Permitted Primary and Accessory Uses and Structures, except
as expressly provided in paragraph .0203 of subsection
18.79.040.020. For uses requiring a conditional use permit
or a waiver of code requirements, Final Site Plans shall be
submitted and reviewed for consistency with the Specific
Plan in conjunction with the hearing on the conditional use
permit or waiver.,,
SECTION 2
That subsection .020 of Section 18.79.040 of Chapter 18.79
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended (to delete subparagraph .0201(b) and add
paragraph .0203) to read as follows:
`.020 Final Site Plan Approval. Final Site Plans
(as described in this Section and hereinafter collectively
referred to as the 'Final Site Plans') shall be processed in
the following ways:
0201 Process for Approval.
a) Planning Commission Review and Approval.
Final Site Plans for Permitted Primary and Accessory
Uses and Structures within the Specific Plan Area shall
be submitted to the Planning Department for Planning
Commission review as a Report and Recommendation item
to determine if said plans are in substantial
conformance with the Specific Plan and the provisions
of this Chapter. The Planning Commission's decision
shall be final unless appealed to the City Council
within twenty two (22) days from the date of the
Commission's decision.
.0202 Content of Final Site Plan Submittal. Final
dimensioned site plans shall contain the following
information for the City's review:
a) Location of existing property lines, lot line
adjustments, if any, and existing and prospective
easements.
b) Proposed uses of property, location of
buildings, vehicular and pedestrian circulation
parking areas (including buses, parking structures, and
landscape and open space areas.
c) Proposed Building Floor Plans and
Elevations -including building materials and colors.
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d) Preliminary landscaping plans -indicating the
extent, location, size and type of proposed
landscaping.
e) Tabulation of parking count, square footage of
buildings.
f) Fence and wall locations -indicating the type
and height of fencing proposed along any lot line, or
any screen walls within the site.
g) Signage plans -indicating the proposed signage
program and including, but not limited to, any
identification, business or other signs; and specifying
the size, height, location, color, material and
lighting of such signs.
h) Conceptual grading and drainage plans showing
finished floor elevations.
i) Service areas (including details of trash
pick-up).
j) Utility locations (above and below ground).
k) Structural height plans, elevations and
cross-sections demonstrating compliance with height
provisions of this Code.
1) Lighting plans.
m) Roof and ground -mounted equipment location and
screening treatment.
.0203 Final Site Plan Exemptions. The following
are exempt from the Final Site Plan review and approval
process:
a) Interior building alterations, modifications
or improvements which do not result in an increase in
the gross square footage of the building.
b) Minor building additions or improvements
interior to or at the rear of a building or development
complex which are not visible from the public right-of-
way; do not exceed 5% of the gross square footage of
the existing buildings or 1,000 gross square feet,
whichever is the lesser; are in substantial conformance
with the building envelope; and, are in conformance
with the Design Plan and the Zoning and Development
Standards set forth in this Chapter.
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c) Signage, including Anaheim Resort
freestanding monument signs, wall signs, and on-site
directional signs, except as provided for in paragraph
18.79.145.020 entitled, "CONDITIONALLY PERMITTED SIGNS"
of this Chapter, and which signs are in conformance
with the Design Plan and the Zoning and Development
Standards set forth in this Chapter.
d) Landscape improvements or modifications which
are not in connection with building modifications which
require Final Site Plan review and approval.
e) The above -noted plans shall be submitted to
the Building Division of the Planning Department and
shall be reviewed for conformance with all applicable
provisions of the Specific Plan prior to the issuance
of building, landscape or signage permits."
SECTION 3
That subsection .020 of Section 18.79.060 of Chapter
18.79 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".020 Restaurants (enclosed, semi -enclosed, theme
style and walk-up), with or without sale of alcoholic
beverages for on -premises consumption, as defined in Section
18.79.030 entitled, "R" WORDS, TERMS AND PHRASES, of this
Code. Restaurants allowed as permitted uses shall be full
service establishments. Such establishments may provide
take-out service, but as a limited, ancillary function
only."
SECTION 4.
That subsection .203 of Section 18.79.090 of Chapter 18.79
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
11.203 Uses or activities not listed, nor
specifically prohibited in this Chapter, which are
determined by the Planning Commission to be consistent and
compatible with the intent of the Specific Plan."
SECTION 5.
That subsection .030 of Section 18.79.113 of Chapter 18.79
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
".030 Fences, Walls and Hedges in Interior Lot Line
Setback Areas. Fences, walls and hedges not exceeding eight
112
(8) feet in height shall be permitted in any required
interior lot line setback area but shall not protrude into
any required setback area abutting a public street and shall
be planted with either clinging vines or fast growing
shrubs.
SECTION 6.
That subsection .200 of Section 18.79.120 of Chapter 18.79
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
".200 Driveway Width Dimensions. Driveways shall be a
minimum of twenty-three (23) feet wide, and a maximum of
thirty-five (35) feet wide, with wider widths subject to the
approval of the City Traffic and Transportation Manager."
SECTION 7.
That subsection .060 of Section 18.79.140 of Chapter 18.79
of the Anaheim Municipal Code be, and the same is hereby, amended
(to revise the introductory paragraph) to read as follows:
`.060 Legal Nonconforming Signs - Continuation and
Termination. Any legal nonconforming sign or sign structure
in existence on the effective date of this Chapter which
violates or otherwise does not conform to the provisions
hereof shall be removed, altered or replaced so as to
conform to the requirements of this Chapter (hereinafter the
"abatement") within five (5) years after the date said sign
first becomes nonconforming to the provisions of this
Chapter, or on or before December 31, 2002, whichever is
later; provided, however, in no event shall such abatement
be required unless and until the owner of said sign has
received not less than one (1) year's advance written notice
from the Planning Director of the City of Anaheim requiring
the removal or alteration of the sign.
.0601 Any advertising display which was
lawfully erected, but whose use has ceased, or the
structure upon which the display exists has been
abandoned by its owner, for a period of not less than
ninety (90) days, shall be removed, altered or replaced
so as to conform to the provisions of this chapter
within six (6) months from the date of receipt of a
written order of abatement from the Planning Director
of the City requiring such abatement. Costs incurred by
the City in removing an abandoned display shall be
borne by or charged to the legal owner of the real
property upon which said sign is located.
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.0602 Any advertising display structure which
has been more than fifty percent (50%) destroyed, and
the destruction is other than facial copy replacement,
and said structure cannot be repaired within thirty
(30) days of the date of its destruction, shall be
removed, altered or replaced so as to conform to the
provisions of this chapter within six (6) months from
the date of receipt of a written order of abatement
from the Planning Director of the City requiring such
abatement.
.0603 Any advertising display whose owner,
outside of a change of copy, requests permission to
remodel and remodels that advertising display, or
expands or enlarges the building or land use upon which
the advertising display is located, and the display is
affected by the construction, enlargement, or
remodeling, or the cost of construction, enlargement or
remodeling of the advertising display exceeds fifty
percent (500-.) of the cost of reconstruction of the
building shall remove, alter or replace such sign so as
to conform to the requirements of this chapter in
conjunction with said project.
.0604 Any advertising display whose owner
seeks approval of the relocation thereof and relocates
the advertising display shall relocate such sign within
six (6) months of the approval of such relocation.
.0605 Any advertising display for which there
has been an agreement between the advertising display
owner and the city for its removal as of any given date
shall be removed per said agreement.
.0606 Any temporary advertising display
erected pursuant to a special events permit issued by
the city shall be removed as specified under Section
18.05.070 entitled "TEMPORARY SIGNS, FLAGS, BANNERS AND
BALLOONS --GENERAL" of the Anaheim Municipal Code or
within such other time as expressly authorized by the
city.
.0607 Any advertising display which is an
immediate danger to the public health or safety shall
be removed, altered or replaced so as to conform to the
requirements of this chapter within thirty (30) days
from the date of receipt of a written order of
abatement from the Planning Director of the City
requiring such removal or alteration.
.0608 Any advertising display which in the
opinion of the City Traffic and Transportation Manager
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constitutes a traffic hazard not created by relocation
of streets or highways or by acts of the City shall be
removed, altered or replaced so as to conform to the
requirements of this chapter within thirty (30) days
from the date of receipt of a written order of
abatement from the Planning Director of the City
requiring such removal or alteration.
.0609 Any other advertising display for which
the City is exempt from the payment of compensation in
conjunction with requiring its removal as specified in
Chapter 2.5 of Division 3 of the Business and
Professions Code of the State of California, or any
successor provisions thereto shall be subject to
removal as specified in said code."
SECTION 8.
That new Section 18.79.148 be, and the same is hereby, added
to Chapter 18.79 of Title 18 of the Anaheim Municipal Code to
read as follows:
"18.79.148 - Anaheim Resort Nonconforming Signage
Program - Replacement Signs. Notwithstanding the foregoing,
for participants in the Anaheim Resort Nonconforming Signage
Program, modifications (size, location, design) to
freestanding monument signs and wall signs may be permitted
subject to the approval of the Planning Director to comply
with the Anaheim Resort Nonconforming Signage Program
adopted by resolution of the City Council. The Planning
Director's decision shall be final unless appealed to the
City Council within ten (10) days from the date of such
decision."
SECTION 9. 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 10. 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
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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 11
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 18 h day of Novexber,
1997.
MAYOR OF THE TY OF IWAHEIM
ATTEST:
Q
CITY CLERK OF THE CITY OF ANAHEIM
0024557.01\smann\0ctober 3, 1997 8
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. 5625 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 4th day of November, 1997, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 18th day of November, 1997, 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.
5625 on the 18th day of November, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 18th day of November, 1997.
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. 5625 and was published once in the North County News on
the 27th day of November, 1997.
CITY CLERK OF THE CITY OF ANAHEIM