6272ORDINANCE NO. 6272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING ADJUSTMENT NO. 12 TO THE
NORTHEAST AREA SPECIFIC PLAN NO. 94-1 AND
AMENDING SUBSECTION 18.120.100.050 OF CHAPTER
18.120 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO THE CONVERSION OF A FREESTANDING
FULL-SERVICE RESTAURANT TO A NIGHTCLUB WITHIN
THE COMMERCIAL AREA (DEVELOPMENT AREA 5).
WHEREAS, on August 22, 1995, the City Council of the City of Anaheim (herein
referred to as the "City Council") adopted its Resolution No. 95R-155 to approve the Northeast
Area Specific Plan No. 94-1 (including zoning and development standards, a Design Plan and
Guidelines, and a Public Facilities Plan) (herein referred to as the "Northeast Area Specific
Plan") for the approximate 2,645 -acre area generally bounded by the Riverside (SR -91) Freeway
on the south, the Orange (SR -57) Freeway on the west, Orangethorpe Avenue on the north, and
Imperial Highway on the east (herein referred to as the "Specific Plan Area"), subject to certain
conditions enumerated in said Resolution: and
WHEREAS, on September 12, 1995, the City Council adopted Ordinances Nos.
5517 and 5518 to (i) add "Chapter 18.110 Specific Plan No. 94-1 (SP 94-1) — Zoning and
Development Standards" to the Anaheim Municipal Code to govern zoning and development
within the Specific Plan Area, and (ii) amend the Zoning Map referred to in Title 18 of the
Anaheim Municipal Code to rezone and reclassify said 2,645 -acre area into the SP 94-1 Zone
subject to certain conditions; and
WHEREAS, on June 4, 1996, the City Council adopted Ordinance No. 5563
amending Chapter 18.110 of the Anaheim Municipal Code to permit service stations as a
conditional use in the Transit Core Area (Development Area 4) of the Specific Plan Area (herein
referred to as "Adjustment No. 1 "); and
WHEREAS, on June 4, 1996, the City Council adopted Ordinance No. 5564
amending Chapter 18.110 of the Anaheim Municipal Code to permit automotive vehicle repair as
a conditional use in the Transit Core Area (Development Area 4) of the Specific Plan Area
(herein referred to as "Adjustment No. 2"); and
WHEREAS, on June 11, 1996, the City Council adopted Ordinance No. 5565,
which amended various sections of Title 18 of the Anaheim Municipal Code, including the
zoning and development standards within the Specific Plan Area as set forth in Chapter 18.110
of the Anaheim Municipal Code, pertaining to eating and drinking establishments (herein
referred to as "Adjustment No. 3 "); and
WHEREAS, on August 20, 1996, the City Council adopted Ordinance No. 5574
amending Chapter 18.110 of the Anaheim Municipal Code relating to churches in the Specific
Plan Area (herein referred to as "Adjustment No. 4"); and
WHEREAS, on November 19, 1996, the City Council adopted Ordinance No.
5583 to amend Ordinance No. 5574, nunc pro tune, to correct a clerical error; and
WHEREAS, on November 19, 1996, the City Council adopted Ordinance No.
5585 to amend Ordinance No. 5517 and by extension Chapter 18.110 of the Anaheim Municipal
Code, nunc pro tune, to correct a clerical error relating to parcels identified as a paleontological
resource; and
WHEREAS, on January 11, 2000, the City Council adopted Ordinance No. 5714
amending Ordinance No. 5517 and Chapter 18.110 of the Anaheim Municipal Code relating to
self-service laundry establishments in the Specific Plan Area (herein referred to as "Adjustment
No. 5"); and
WHEREAS, on May 2, 2000, the City Council adopted Ordinance No. 5728
amending Ordinance No. 5518 and by extension the Northeast Area Specific Plan to reclassify
the development area boundaries of an irregularly-shaped 1.82 -acre of land located at the
northwest corner of La Palma Avenue and Hancock Street from the Commercial Area
(Development Area 5) to the Expanded Industrial Area (Development Area 2) (herein referred to
as "Amendment No. 1 "); and
WHEREAS, on April 24, 2001, the City Council adopted Ordinance No. 5761
amending Ordinance No. 5517 and Chapter 18.110 of the Anaheim Municipal Code relating to
asphalt and concrete processing in the Specific Plan Area (herein referred to as "Adjustment No.
6"); and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5767
amending Ordinance No. 5517 and Chapter 18.110 of the Anaheim Municipal Code relating to
requirements for freeway -oriented signs in the Specific Plan Area (herein referred to as
"Adjustment No. 7); and
WHEREAS, on August 6, 2002, the City Council adopted Ordinance No. 5817
amending Ordinance No. 5517 and Chapter 18.110 of the Anaheim Municipal Code to allow
hospitals as conditional uses in the La Palma Core Area (Development Area 3) and the Transit
Core Area (Development Area 4) of the Specific Plan Area (herein referred to as "Adjustment
No. 8"); and
WHEREAS, on June 17, 2003, the City Council adopted Ordinance No. 5865
amending Ordinance No. 5517 and Chapter 18.110 of the Anaheim Municipal Code to allow
new vehicle conversion businesses in the La Palma Core Area (Development Area 3) of the
Specific Plan Area (herein referred to as "Adjustment No. 9"); and
WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5920
amending Title 18 of the Anaheim Municipal Code in its entirety for the purpose of (i)
implementing the Land Use Element of the then recently adopted General Plan, (ii) updating the
land uses and development standards, (iii) modifying the Zoning Code format to make it easier to
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find land use and development information, and (iv) assuring that the Anaheim Municipal Code
complied with State law and other applicable laws. As a result, the zoning and development
standards applicable to the Specific Plan Area that were previously found in Chapter 18.110 of
the Anaheim Municipal Code were thereafter found in Chapter 18.120 of the Anaheim Municipal
Code; and
WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5923
amending Ordinance No. 5518 and by extension the Northeast Area Specific Plan to amend
certain Development Area boundaries to reflect revised General Plan land use designations
(herein referred to as "Amendment No. 2"); and
WHEREAS, on August 22, 2006, the City Council adopted Ordinance No. 6031
to further implement the then recently adopted General Plan, which amended various sections of
Title 18 of the Anaheim Municipal Code, including the zoning and development standards within
the Specific Plan Area as set forth in Chapter 18.120 of the Anaheim Municipal Code, pertaining
to allowing hospitals by conditional use permit in the Transit Core Area (Development Area 4)
and fast food and take-out restaurants as primary permitted uses in the Commercial Area
(Development Area 5) (herein referred to as "Adjustment No. 10"); and
WHEREAS, on September 12, 2006, the City Council adopted Ordinance No.
6033 amending Ordinance No. 5518 and by extension the Northeast Area Specific Plan to amend
certain Development Area boundaries to reflect revised General Plan land use designations
(herein referred to as "Amendment No. 3"); and
WHEREAS, on November 27, 2007 the City Council adopted Ordinance No.
6082 amending Ordinance No. 5518 and by extension the Northeast Area Specific Plan to
reclassify certain real properties from the La Palma Core Area (Development Area 3) to the
Transit Core Area (Development Area 4) (herein referred to as "Amendment No. 4"); and
WHEREAS, on October 13, 2009, the City Council adopted Ordinance No. 6158
amending Ordinance No. 5517 and Chapter 18.120 of the Anaheim Municipal Code to allow the
conversion of a free-standing, full-service restaurant to a nightclub as a conditionally permitted
use in the La Palma Core Area (Development Area 3) of the Specific Plan Area (herein referred
to as "Adjustment No. 11 "); and
WHEREAS, pursuant to the procedures set forth in Chapter 18.72.040 of the
Anaheim Municipal Code, a verified petition was submitted by Juan Reynoso for Adjustment
No. 12 to the Northeast Area Specific Plan (SPN2012-00063) (herein referred to as "Adjustment
No. 12") to permit the conversion of a free-standing, full-service restaurant to a nightclub as a
conditionally permitted use in the Commercial Area (Development Area 5) of the Specific Plan
Area (herein referred to as the "Project"); and
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WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission") did hold a public hearing at the Civic Center in the City of
Anaheim on January 14, 2013, notice of said public hearing having been duly given as required
by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code,
to hear and consider evidence for and against proposed Adjustment No. 12 and the proposed
Project and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning Commission, after due consideration, inspection,
investigation and study made by itself and on its behalf, and after due consideration of all
evidence and reports offered at said hearing and pursuant to subsection .0102 of Section
18.120.040.010 of the Anaheim Municipal Code, found and determined, under and pursuant to
the California Environmental Quality Act (Public Resources Code Section 21000 et seg.; herein
referred to as "CEQA"), that the proposed Project and Adjustment No. 12 are within that class of
projects which consist of the repair, maintenance, and/or minor alteration of existing public or
private structures or facilities, involving negligible or no expansion of use beyond that existing at
the time of its determination, and that, therefore, pursuant to Section 15301 of Title 14 of the
California Code of Regulations, the proposed Project and Adjustment No. 12 will not cause a
significant effect on the environment and are, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, by resolution adopted following its public hearing on January 14,
2013, the Planning Commission recommended to the City Council that it adopt an ordinance
approving Adjustment No. 12 by amending the applicable zoning and development standards
contained in Chapter 18.120 of the Anaheim Municipal Code; and
WHEREAS, this City Council finds and determines, under and pursuant to
CEQA, that the proposed Project and Adjustment No. 12 are within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed Project and Adjustment No. 12 will not cause a significant effect on
the environment and are, therefore, categorically exempt from the provisions of CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN that Adjustment No. 12 to the Northeast Area Specific Plan be, and the same is
hereby, approved, and that Chapter 18.120 of the Anaheim Municipal Code be, and the same is
hereby amended, as follows:
0PC TTnN 1
That subsection .050 of Section 18.120.100 of Chapter 18.120 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
C!
".050 Conditional Uses and Structures. The following buildings, structures and
uses may be permitted in this development area, subject to a conditional use
permit, and subject to the conditions and required showings of Chapter 18.66
(Conditional Use Permits).
.0501 Alcoholic beverage, on -premises sale and consumption facilities,
whether or not integrated within a restaurant.
0502 Ambulance services, with or without attendant living quarters.
0503 Animal hospitals and/or kennels.
0504 Automobile car washes.
.0505 Automotive vehicle repair, overhaul, installation of parts and
accessories, modification, painting, body work and other similar vehicular
activities, including incidental retail sales. For purposes of this section, the words
"Automotive Vehicle" shall include, but not be limited to, automobiles, boats,
recreational vehicles, trucks and motorcycles.
0506 Billiard centers.
0507 Bowling alleys, with or without alcohol sales.
.0508 Child day care facilities which exclusively serve one (1) or more
businesses located in this Specific Plan Area.
0509 Churches, subject to the following limitations:
(a) The limitation in hours and days of operation, and in the
length of time of the church use, shall be specified in the
conditional use permit.
(b) Churches may include educational facilities as an accessory
use, provided such facilities are approved in the conditional use
permit. The permissible hours of operation for the educational
facilities shall be as specified in the conditional use permit.
(c) With the exception of national holidays, churches which are
not the exclusive use of the property shall limit activities, prior to
6:00 p.m., on Mondays through Fridays, to church office staff and
to such educational facilities as may be approved in the conditional
use permit
.0510 Commercial retail centers, as defined in Chapter 18.92
(Definitions).
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.0511 Communications stations and antennas (other than those
permitted by paragraphs 18.120.100.030.0307 and 18.120.100.030.0308),
including amateur -operated radio transmission towers and cellular
communications facilities/towers, whether mounted on the ground or on a
structure. Maximum structural height shall be determined by conditional
use permit.
0512 Freestanding freeway -oriented signs.
.0513 Health spas and physical fitness centers larger than four thousand
(4,000) square feet in gross floor area.
0514 Hotels and motels.
.0515 Large collection facilities for recycling purposes, subject to the
requirements of Chapter 18.48 (Recycling Facilities).
0516 Liquor stores.
.0517 Markets or grocery stores having an interior building floor area of
less than fifteen thousand (15,000) square feet.
0518 Private clubs, lodges and meeting halls.
.0519 Private educational institutions.
.0520 Private recreational facilities, indoor or outdoor, including but not
limited to, golf driving ranges, recreation fields and fishing pools.
.0521 Public utilities or utilities operated by mutual agencies, consisting
of cellular telephone facilities, electrical substations, gas or convention
plants, with necessary buildings, apparatus or appurtenances incidental
thereto; but not including distribution mains, electric or telephone wires or
cables, or City -owned public utilities.
.0522 Restaurants (except as otherwise permitted in paragraph
18.120.100.010.0130); with on -premises sale and consumption of
alcoholic beverages and/or Accessory Bar and/or Accessory Entertainment
with cover charge; including drive-in, drive-through and walk-up
restaurants.
.0523 Service stations, automobile or truck, with or without
convenience markets, subject to the requirements of Section 18.38.070
(Automobile Service Stations) of Chapter 18.38 (Supplemental Use
Regulations); provided that, as a condition for the granting of a conditional
use permit for an automobile or truck service station, the property owner
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shall record an unsubordinated covenant, satisfactory to the Planning
Director and City Attorney, agreeing to remove all structures, including
underground storage tanks, in the event that the station is closed for a
period of twelve (12) consecutive months. A service station shall be
considered closed during any month in which it is open for less than
fifteen (15) days.
0524 Theaters, exhibition halls and auditoriums.
.0525 Transmission stations, radio or television, including amateur -
operated radio transmission towers. Heights of antennas and/or towers
associated with these uses shall be determined by conditional use permit.
.0526 Transportation terminals, including but not limited to, airports,
bus or train stations.
0527 Vehicle sales agencies and lots.
0528 Laundry, Self -Service establishments.
.0529 Conversion of a free-standing, full-service restaurant to a
nightclub."
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. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance if 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. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a
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newspaper of general circulation, published and circulated in said City, and thirty (30) days from
and after its final passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 19th day of February , 2013, and
thereafter passed and adopted at a regular meeting of said City Council held on the 5th day of
March , 2013, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Brandman, Murray and Kring
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
��
MA OR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF AKATISIM
93056/TReynolds
N.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6272 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 1 gth day of February, 2013, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 5th day of March, 2013, by the
following vote of the members thereof:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of March, 2013.
/A4.I,,rIJ0�_
02
(SEAL)
0
AFFIDAVIT 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
eighteen 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:
February 28, March 7, 14, 2013
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: March 14, 2013
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
0
PROOF OF PUBLIC IO
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6272
i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM THE
NORTHEAST PROVING ADJUSTMENT NO. 1 40
AREA SPECIFIC PLAN No.91
ER TAND
118120 OF TIITLENG B 8EOFITHETION t8.120,100.05P OF ANAHEIM MUNICIPALAPTER
CODE
RELATING TO THE CONVERSION OF A FREESTANDING
FULL-SERVICE RESTAURANT TO A NIGHTCLUB THE COMMERCIAL AREA (DEVELOPMIENT AREA 5WITHIN
This ordinance approves Adjustment No. 12 to the Northeast Area Specific Plan No. 94-1 by
amending the applicable zoning and development standards contained in Chapter 18.120
of the Anaheim Municipal Code. Specifically, this ordinance amends subsection .050 of
Section 18.120.100 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code to permit
the conversion of a free-standing, full-service restaurant to a nightclub as a conditionally
permitted use in the Commercial Area (Development Area 5) of the Specific Plan Area.
I, Linda N. AndalCity Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summaryof Ordinance No. 6272 which ordinance was introduced at a regular meeting of
the City Council of the. City of Anaheim on the 19th day of February, 2013 and was duly
passed and adopted at a regular meeting of said Council on the 5th day of March, 2013 by
the following roil call vote of the members thereof:
AYES: Mayor Tait, Council Members Eastman, Brandman, Murray and Kring
NOES: None
ABSENT:': None
ABSTAIN: None
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No. 6272, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or describe every provision of the ordl-
nance and should not be relied on as a substitute for the full text of the ordinances . f
To obtain a copy of the full text of the ordinance, please contact the Office of. the City
Clerk, (714) 76$-5166, between 8:00 AM and 5:00 PM; Monday through Friday. There is no
charge for the copym B
Publish Anaheiulletin March 14, 2013 9596291 --