5761ORDINANCE NO. 5761
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING SPECIFIC PLAN ADJUSTMENT NO. 6 TO THE
NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AMENDING
ORDINANCE NO. 5517, AS PREVIOUSLY AMENDED, AND AMENDING
SECTION 18.110.110 OF CHAPTER 18.110 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT AREA 6
(ASPHALT AND CONCRETE PROCESSING FACILITIES).
WHEREAS, pursuant to the procedures set forth in Chapter
18.93 of the Anaheim Municipal Code, on September 12, 1995, the
City Council of the City of Anaheim adopted Ordinance No. 5518
amending the zoning map to reclassify certain real property
described therein into the Northeast Area Specific Plan Zone
subject to certain conditions as specified therein, and Ordinance
No. 5517 relating to the establishment of Zoning and Development
Standards for the Northeast Area Specific Plan No. 94-1 by the
addition of Chapter 18.110 to said Code; and
WHEREAS, in connection with adoption of Specific Plan No.
94-1 (Northeast Area), the City Council certified EIR No. 317
with the Statement of Overriding Considerations finding that the
Northeast Area Specific Plan incorporates measures to mitigate or
avoid significant impacts on the environment and will itself act
as effective mitigation for potential environmental impacts
identified in Environmental Impact Report No. 317; and,
WHEREAS, on June 4, 1996, the City Council adopted Ordinance
No. 5563 amending Ordinance No. 5517 relating to the Northeast
Area Specific Plan No. 94-1, which amendment added a provision
permitting service stations as a conditional use in Development
Area 4 (Transit Core) ("Adjustment No. 111); and
WHEREAS, on June 4, 1996, the City Council adopted Ordinance
No. 5564 amending Ordinance No. 5517, Northeast Area Specific
Plan No. 94-1, relating to automotive vehicle repair as a
conditional use in Development Area 4 (Transit Core) ("Adjustment
No. 211); and
WHEREAS, on June 11, 1996, the City Council adopted
Ordinance No. 5565 amending various Chapters of Title 18
including Chapter 18.110 amending Ordinance No. 5517, the
Northeast Area Specific Plan No. 94-1, relating to eating and
drinking establishments ("Adjustment No. 311); and,
WHEREAS, on August 20, 1996, the City Council adopted
Ordinance No. 5574 amending Ordinance No. 5517, Northeast Area
Specific Plan No. 94-1, related to deleting a time limitation for
churches ("Adjustment No. 411); and
WHEREAS, on January 11, 2000, the City Council adopted
Ordinance No. 5714 amending Ordinance No. 5517, Northeast Area
Specific Plan No. 94-1, related to self-service laundries
( "Adjustment No. 5" ) , and
WHEREAS, on April 18, 2000, the City Council adopted
Ordinance No. 5728 amending Ordinance No. 5517, Northeast Area
Specific Plan No. 94-1, to amend the boundaries of Development
Area 5 (Commercial Area) and Development Area 2 (Expanded
Industrial) at the northwest corner of La Palma Avenue and
Hancock Street ("Amendment No. 111), and
WHEREAS, the proposed adjustment requests amendment of
conditionally permitted uses within Development Area 6
("Adjustment No. 6 SPN Tracking No. 2001-0000211, hereafter
"Adjustment No. 611); and
WHEREAS, on January 29, 2001 the Anaheim City Planning
Commission considered and approved the proposed Adjustment No. 6
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 ADJUSTMENT NO. 6 BE, AND THE SAME IS HEREBY,
APPROVED; AND THAT ORDINANCE NO. 5517 BE, AND THE SAME IS HEREBY
AMENDED, TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN
CHAPTER 18.110 OF THE ANAHEIM MUNICIPAL CODE AS FOLLOWS:
SECTION 1.
That Section 18.110.110 of Chapter 18.110 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"18.110.110 LAND USE AND DEVELOPMENT STANDARDS - OPEN
SPACE AREA (DEVELOPMENT AREA 6)
This Development Area is intended to ensure that all
existing water -related open space areas are maintained in an
orderly manner. For all uses in this Development Area, the
underlying base zone is the OS - Open Space Zone, and the use
standards of the OS Zone shall apply, except that asphalt and
2
concrete processing facilities shall be permitted subject to the
conditions and required showings of Section 18.03.030 Conditional
Use Permits -General, provided such use is further found and
determined to be located on a property which is: (i) integrated
into a single development having a minimum site area of three (3)
acres; (ii) sufficiently buffered from any residential zone;
(iii) screened from the public right-of-way; and (iv) compatible
with surrounding land uses. Further, for all projects in this
Development Area, the development standards of the ML - Limited
Industrial Zone shall apply.
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 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 3. 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 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 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 24th day of April ,
2001.
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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. 5761 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 17th day of April, 2001, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 24th day of April, 2001, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS
NOES: MAYOR/COUNCIL MEMBERS
ABSENT: MAYOR/COUNCIL MEMBERS
(SEAL)
Feldhaus, Kring, Tait, McCracken, Daly
None
None
CITY CLERR OF THE CITY OF ANAHEIM
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PROOF OF PUBLICATION
I his space I ,tier the ('aunty Clerk's Filing Stamp
AN ORDINANCE OF THE CITY COU TECITYB OF ANAHEIM APPROVING sPECIF-
IC PLAN ADJUSTMENT NO. 6 TO THE NORTHEAST AREA SPECIRC PLAN NO. g41,
Ap4EIVD(NG SECTION 18.110.110 OF CHAPTER 118.110 OF TITLE 18 OF THE ANAHEIM MU-
NICIPAL CODE RELATING TO DEVELOPMENT AREA 8(ASPHALT AND CONCRETE PROC-
ESSING FACILITIES).
WHEREAS, pursuant to the pncedures set forth in Chapter 18.99 of the Anaheim Munici-
pal Code, on September 12, 1995 the City Council of " City of Anaheim adopted Ordi-
nance No. 6618 amending the zonl map to reclassify retrial red =described
therein into the Nor roan Aron Plat Zona subject to certain as speci-
p fled dnerehn, end Ordinance t" 17 role9ng tb ttre �blishment of Zoning and Develop-
ment Standards for the Northesat Area Specft Plan No. 941 by to addfi)orn of Chapter
18.110 to said Code; and
WHEREAS, in connection with adoption of Specific Plat No. 94-1 (Northeast Area), the
City Council certified EIR No. 317 with the Statement of Oveirridin Considerations finding
that the Northeast Area Specific Plan Incorpordes measures to B or avoid significant
impacts on the onvironment and will ltsel( act as o fectlw mitigation for potential environ-
mental Impacts Identified in Environment Impact Report No. 317; and,
WHEREAS on June 4, 1996, the City Council adopted Ordinance No. 6563 amending
Ordinance No. 5517 relating to the Northeast: Aro" Specific Plan No. 941, which amend-
ment added a p perms ing service stations s a conditional use in Development
Ars 4 (Transit CoreCorree (nAdlustrtr nt No.1 ") i and
WHEREAS, on June 4, 998, the City Council adopted Ordinance No. 5564 amending Or-
dinance No. 6517, Northead Area Specific Plan No. 941, relatingto automotive vehicle re-
pair s a condlfional use in Developmelntt ty Area 4 renal Coro) No. 2); and
WHERt�tem of x'18 IncludingC Chi 18.1 ed ding rdi No. a No amending
various C ernettdln9 Ordinance No. 6517, the
Northeast Area Specific Plan No. 94-1, relating to sating and drinking establishment
("Adjustment Na 3'); and,
WIIERFAS, onust 20,1996, the City Council adopted Ordinance No. 5574 amending
Ordinance No. 5517, Area Specific Plan No. 941, related to deleting a time limita-
tion for churches ('Adjustment No. 4'); and
i Ordinance n January
11,20D , the City Council adopted Ordinance No. 5714 amend -
.
('Adjustment No.5"), and SpecificPlanNo. 94-1, related to esti-service laun-
WHEREAS, on April 18, 2000, the City Council adopted Ordinance No. 5728 amendingg
Ordinance No. 5517, Nonthsat Area Specific Plan No. 94-1, to amend the boundaries of
Development Area 5 (Commercial Area) and Development Ars 2 (Expanded Industrial) at
the northwest corner of La Palma Avenue and Hancock Street ("Amendment No, 1"), and
WHEREAS, the proposed adjustment requests amendment of conditionally permitted
uses within Development Area 6 ("Adjustment No. 6 SPIN Tracking No. 2001-00002", here-
after "Abnent No 6"); and
WHERUS, on January 29, 2001 the Anaheim City Planning Commission considered and
approved the proposed Adjustment No. 6 and recommended to the City Council that it
adopt in ordinance incorporating said proposed adjustment; and
WHEREAS, pursuant to the provisions of the California Environmental Ouality Act
t"CEOA"), the City Council has determined that the project is categorically exempt from
CEQA under CEQA Guidelines Section 15081 (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 signifi-
cant effect on the environment, the activity is not subject to CEQA.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
THAT ADJUSTMENT NO. 6 BE, AND THE SAME IS HEREBY, APPROVED; AND THAT OR-
DINANCE NO. 5617 BE, AND THE SAME IS HEREBY AMENDED, TO REVISE THE ZONING
AND DEVELOPMENT STANDARDS IN CHAPTER 18.110 OF THE ANAHEIM MUNICIPAL
CODE �AAS��FyyOLL�OWS:
*Rc %2KAL
That Section 18.110110 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be,
and the same is hereby, amended to read as follows:
"18.110.110 LAND USE AND DEVELOPMENT STANDARDS - OPEN SPACE AREA
DEVELOPMENT AREA 6)
This Development Area is intended to ensure that all existing water -related open space
ares are maintained in an orderly manner. For all uses in this Development Ars, the
underlying bas zone is the OS - Open Space Zone, and the use standards of the OS Zone
shall apply, except that asphalt and concrete processing facilities shall be permitted
subject to the conditions and required showings of Section 18.03.030 Conditional User
Permits -General, provided such use in further found and determined to be located on a
groperrttyy which is: (i) integrated into a single development having a minimum site ars of
three (3) acres; (ii) sufficiently buffered from any residential zone; (iii) screened from the
public right-of-way; and (iv) compatible with surrounding land uses. Further, for all projects
,n this Development Area, the development standards of the ML - Limited industrial Zone
sh;=6m
a Ipp y Z
�Q�L SEVERABILITY
The City Council of the City of Anaheim hereby declares that should anyy section, para-
graph, 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.
sm=C -& 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 provi-
sions 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.
til sou 4. 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 provisions 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 exceed-
ing six (6) months, or by both such fine and imprisonment. Each such person. firth or cor-
poration 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 provid-
ed for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City
of Anaheim this 24th day of April 2001.
Tom Daly J
Cheryl Schroeder Mayor Of The City Of Anahei; n
C,ty Clerk Of The City Of Anaheim
Published: Anaheim Bulletin Mayor Of The City Of Anaheim
May 3, 2001
1602335 25-582