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6274ORDINANCE NO. 6 2 7 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PORTIONS OF CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC, TO MAKE CLARIFICATIONS TO AND/OR CORRECT ERRORS OR OMISSIONS IN ORDINANCE NO. 6265, PREVIOUSLY ADOPTED. WHEREAS, on January 15, 2013, the Anaheim City Council adopted Ordinance No. 6265 amending various portions of Chapter 18.116 of the Anaheim Municipal Code, which ordinance was adopted in conjunction with Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060), General Plan Amendment No. 2010-00482, Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010- 00478), Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479), and Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484); and WHEREAS, on February 19, 2013, the Anaheim City Council adopted Ordinance No. 6269 amending Ordinance No. 6265 and, specifically, Table 116-E of Section 18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Anaheim Municipal Code, for the purpose of correcting certain minor drafting errors contained in said Table 116-E, nunc pro tunc; i.e., having retroactive legal effect to the effective date of Ordinance No. 6265; and WHEREAS, subsequent to the adoption of Ordinances No. 6265 and 6269, it has been discovered that Ordinance No. 6265 requires further minor clarifications and/or contains certain minor errors or omissions, which the City Council desires to correct by the adoption of this ordinance, nunc pro tunc; i.e., having retroactive legal effect to the effective date of Ordinance No. 6265. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 116-E of Section 18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: TABLE 116-E P Permitted by Right ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL C Conditional Use Permit OR MOTEL INCLUDING SUITE -TYPE HOTELS, AND OTHERWISE LIMITED N Prohibited HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Alcoholic Beverages — P Off -Sale Alcoholic Beverages — P On -Sale Amusement Devices P No public access directly from the exterior of the building. Subject to Section 18.16.050 (Amusement Devices). Antennas- Dish P Subject to Section 18.38.050 Antennas -Receiving P Subject to Section 18.38.050 Automobile - Rental P With a maximum of three (3) parking spaces for on-site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces should be in addition to those required by Chapter 18.42 (Parking and Loading) and subject to Section 18.116.140 (Off -Street Parking and Loading Requirements). Automated Teller P Shall be located wholly within a building or within a hotel Machines (ATMs) complex in a location not visible from the public right-of-way. Subject to Section 18.36.040. Banquet/Meeting Room P Bingo Establishments N Breakfast Rooms P As defined in subsection 18.116.030.015. Business & Financial P Including automated teller machines located wholly within a Services building or within a hotel complex in a location not visible from the public right-of-way. Caretaker Unit P One unit Limited to less than one thousand two -hundred twenty-five (1,225) gross square feet in size Must comply with the parking standards for dwellings under Chapter 18.06 (Multiple Family Residential Zones). TABLE 116-E P Permitted by Right ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL C Conditional Use Permit OR MOTEL INCLUDING SUITE -TYPE HOTELS, AND OTHERWISE LIMITED N Prohibited HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Day Care Centers P Limited strictly to the use of the guests and/or employees of such hotel or motel Animal Boarding P Limited strictly to the pets of guests and patrons of such hotel or motel, provided such kennels shall not be located closer than forty (40) feet from hotel/motel guest rooms or residentially zoned property. Entertainment - P Subject to Section 18.16.060 Accessory Dance and Fitness P Limited strictly to the use of the guests and/or employees of such Studios - Small hotel or motel Fences and walls P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting —Commercial Recreation (C-R) District (Development Area 1) Landscaping & Gardens P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting —Commercial Recreation (C-R) District (Development Area 1) Mechanical and Utility P Subject to Section 18.116.100 (Screening, Walls, Fences, Equipment —Ground Landscaping and Lighting —Commercial Recreation (C-R) Mounted District (Development Area 1) Mechanical and Utility P Subject to Section 18.116.100 (Screening, Walls, Fences, Equipment —Roof- Landscaping and Lighting —Commercial Recreation (C-R) Mounted District (Development Area 1) Outdoor Displays N Outdoor Storage N Parking Lots & Garages P To provide off-street parking spaces, as required by this Code, to serve the on-site uses permitted under this chapter. Petroleum Storage — N Incidental Portable Food Carts C In conjunction with a hotel and subject to the following: TABLE 116-E P Permitted by Right ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL C Conditional Use Permit OR MOTEL INCLUDING SUITE -TYPE HOTELS, AND OTHERWISE LIMITED N Prohibited HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions (a) The design of the cart shall be compatible with the architectural design and/or theme of the hotel. (b) The cart shall not be permitted to encroach into any required setback areas. (c) One (1) non -illuminated business identification sign, not exceeding four (4) square feet in area with a maximum letter and/or logo height of 10 -inches, may be displayed on or below the valance of the roof canopy. (d) One (1) menu pricing sign, not to exceed 12 -inches in width by 18 -inches in height, may be displayed on the cart below the roof canopy. (e) One (1) trash receptacle shall be provided adjacent to the cart. The trash receptacle shall be decorative and designed to complement the design of the cart. The trash receptacle and the area around the cart shall be permanently maintained and kept clean by the cart operator. (f) The precise size, number and location of carts shall be determined by conditional use permit, provided that the cart(s) shall not be visible from the public right-of-way. (g) All equipment, products and/or supplies shall be stored wholly on or inside the cart at all times. (h) When not in use, all carts shall be stored in an on-site commissary approved by the Orange County Health Department and specifically shown on plans submitted in connection with a conditional use permit. Such commissary shall be fully enclosed and shall not be visible from any public right-of-way or adjacent properties. (i) The cart operator shall obtain all applicable State and/or local licenses and/or permits and shall prominently display such current and valid licenses and/or permits on the cart at all times. Personal Services — P General TABLE 116-E P Permitted by Right ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL C Conditional Use Permit OR MOTEL INCLUDING SUITE -TYPE HOTELS, AND OTHERWISE LIMITED N Prohibited HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Recreation Buildings and P Limited strictly to the use of the guests and/or employees of such Structures hotel or motel. Restaurants — Drive- N Through Restaurants - General P Enclosed or with outdoor dining Retail Floor, Wall & N Window Coverings Retail Sales - General P Retail Sales - Kiosk P Retail Sales — Outdoor N Retail Sales — Used N Merchandise Signs P Subject to Section 18.116.160 (Signs) Thematic Elements P Subject to Section 18.116.160 (Signs) Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks. Warehousing & Storage — N Outdoors SECTION 2. That Table 116-L of Section 18.116.160 (Sign Regulations) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 5 TABLE 116-L AUTOMOTIVE SERVICE STATION SIGNS Sign Type Provisions Business Identification Freestanding (a) The sign design and materials shall be subject to Planning Monument Sign Standard Detail No. 7. (b) Information on the sign shall include only the company symbol or logo, company name, special services (such as car wash) and pricing information. (c) If the automotive service station is located on a corner lot, either one of the following shall be permitted: one (1) double-faced freestanding monument sign located at the corner or one (1) double-faced freestanding monument sign per street frontage with each sign located at least seventy-five (75) feet from any intersection. (d) If the automotive service station is not located upon a corner lot, one (1) double-faced freestanding monument sign shall be permitted, located in the approximate middle forty (40) percent of the street frontage of said lot. (e) Pricing signs shall conform to the provisions of Division 5, Chapter 14, Article 12, Code Sections 13530-13540, of the Business and Professions Code of the State of California, or any successor provisions thereto. The height of any pricing numbers shall be a minimum of six (6) inches and a maximum of ten (10) inches provided the height is less than the height of the company name and shall be either manually or electronically changeable. (f) Said signs shall be illuminated internally; however, the permanent background portion shall be opaque, with only the message portion being illuminated. (g) Said signs shall be constructed of materials Canopy, Wall, and Parapet Signs (a) Signs shall consist of individually fabricated letters and/or company symbol or logo. (b) Lighted signs may be internally illuminated only. (c) All signs shall be attached to the building or pump island canopy face without the use of visible supports or raceways. (d) Letter height shall be a maximum of eighteen (18) inches. Company symbol or logo height shall be a maximum of twenty- four (24) inches. (e) Signs shall be limited to one (1) exposure for each direction of traffic flow, up to a maximum of four (4) exposures. TABLE 116-L AUTOMOTIVE SERVICE STATION SIGNS Sign Type Provisions Lighter Box Gasoline Service Station Signs Lighter box gasoline services station signs, as defined in Section >300 ft. 18.44.030 (Definitions), shall be permitted in service stations; None provided, that said signs shall be subject to the following Area Per Sign provisions: Department. (a) Shall only be internally illuminated; (b) Shall be either single -faced or double-faced; Maximum (c) Advertising thereon shall be limited to the company name or One (1) per street frontage. (A) company symbol or logo., Number of (d) Such signs have dimensions not exceeding four (4) feet in height and the span of the working area or thirteen (13) feet, Signs Per Lot whichever is less; and.. (e) Said name or logo shall not exceed twenty (20) percent of the total area of each face of said sign. Pump Top and Pump Face Signs No signs other than instructional or operational signs (e.g., "Self Service," "Pay Cashier First") shall be permitted on the pump top or pump island canopy, unless they are part of an overall, designed corporate identity program for signage. SECTION 3. That Table 116-Q of Section 18.116.160 (Sign Regulations) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards), together with Notes "(A)" through "(F)" to Table 116-Q, of the Anaheim Municipal Code be, and the same are hereby, amended and restated to read in full as follows: TABLE 116-Q FREESTANDING MONUMENT SIGNS Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft. Maximum Sign None See Planning Standard Detail Nos. 5, 6 and 7 on file in the Planning Area Per Sign Department. Face Maximum None One (1) per street frontage. (A) One (1) per six hundred Number of and sixty (660) feet of Signs Per Lot street frontage. (B) 7 TABLE 116-Q FREESTANDING MONUMENT SIGNS Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft. Minimum Not Applicable Two (2) feet Setback From Except adjacent to Harbor Boulevard between Orangewood Avenue and Public Right -of- Way Interstate -5 Freeway and adjacent to Katella Avenue between Walnut Street and Interstate -5 Freeway where it shall be zero (0) feet. Maximum Not Applicable Nine (9) feet oriented on a horizontal format. Height to Top Eleven and one half (11.5) feet oriented on a vertical format. (C) Sign Copy Not Applicable Name and/or logo of the development and/or name and/or logo of up to three (3) tenants/accessory uses. (D) Total area for sign copy shall not exceed seventy-five percent (75%) of total sign face and shall not be closer than ten (10) inches to any edge. Mumination Not Applicable Illumination Limitations No bare bulbs, exposed neon, animated or flashing signs. Allowable illumination Letters/symbols routed from painted opaque background with internally illuminated push -through copy. Ground mounted spotlights screed from public view by landscaping. Other Limitations (E), Not Applicable All signs to be mounted on the standard Anaheim Resort sign base which is not included in the area calculation of the sign. (F) Standard sign base shall be precast colored concrete as specified in the Anaheim Resort Identity Program. An Anaheim Resort logo shall appear on three sides of each column on the standard sign base. Signs shall identify development address in the location specified on sign details on file in the Planning Department, using the typeface consistent with the identity sign elements for the street address. All signs except corner locations shall be located in the middle 40% of the street frontage. For corner locations signs may be located at the corner. Any attachments or "riders" to signs shall be prohibited. TABLE 116-Q FREESTANDING MONUMENT SIGNS Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft. All signs shall be placed perpendicular to the street. (A) For corner lots, one freestanding monument sign is permitted on each street frontage (up to two (2) signs per lot), provided that if two (2) signs are installed, each sign shall be located a minimum distance of seventy-five (75) feet from the intersection and the sign copy of both signs is not legible at the same time from any point on the adjacent rights-of-way. If one sign is installed, it is permitted to be installed at the corner or along either street frontage. (B) Maximum of two (2) signs per street frontage with a minimum distance of three hundred (300) feet between signs. (C) Signs located adjacent to Harbor Boulevard, between Orangewood Avenue and Interstate 5 Freeway; Orangewood Avenue; Walnut Street; and, West Street, south of Katella Avenue shall be oriented on a horizontal format, signs on all other streets in the District shall be oriented on a vertical format. (D) Multi -tenant signs are encouraged to use one consistent typeface for all tenants or one color for all sign copy. The capital letter height and logo of all tenant identification copy shall be the same on a single sign face. If a retail business within the Hotel/Motel is identified on the sign, the sign shall be considered a multi -tenant sign. (E) A special district has been created on Convention Way and Disneyland Drive between Katella Avenue and Ball Road. Hotels/Motels developed in this district may integrate the allowable sign area specified for freestanding monument signs into a feature landscape element, such as a wall or other landscape feature that expresses the architecture or thematic character of the development or establishment. This sign area shall be defined according to Code Section 18.116.160.010.0102 "Area of Sign" in the Sign Code. This feature landscape element shall be used for identity signage in lieu of the standard monument sign base and can include the street address, professional affiliations, and vacancy information. These feature landscape elements are to frame the entry drive of each major hotel and can occur on one or both sides of the main driveway entrance to the hotel. The landscape element can extend into the required landscape setback, with the provision that: (a) a minimum 7 -ft. setback from the public right-of- way be maintained; (b) that the landscape element does not violate the City's vehicle sight distance standards; and, (c) that it does not create a continuous wall along the Convention Way or the Disneyland Drive frontage. The maximum height of the landscape element within the required landscape shall not exceed 10 ft. and there shall not be more than two sign faces per hotel entry drive, consistent with the Design Plan sign standards. The type of sign illumination permitted shall be the same as those permitted under FREESTANDING MONUMENT SIGN listed above. (F) For development located within the Harbor Boulevard/Katella Avenue Central Core Intersection Area as depicted on Exhibit 3.3-63.4a (Central Core Plan) of the Specific M Plan, Multi -Tenant Signs integrated with the building architecture may be permitted in lieu of a Freestanding Monument Sign subject to approval of a conditional use permit. The sign(s) must be integrated into the design of the building, consistent with project architecture and designed in accordance with the following: (i) One sign is permitted on each street frontage (up to two (2) signs per lot), provided that if two (2) signs are installed, each sign shall be located a minimum distance of seventy-five (75) feet from the intersection. If one sign is installed, it may be installed at the corner or along either street frontage. (ii) Unless installed at the corner, the sign must be oriented perpendicular to the adjacent street. (iii) The maximum permitted height is fourteen (14) feet and maximum permitted width is 11 feet. (iv) The sign may be single or double sided. (v) The total area of tenant copy may not exceed 135 square feet per side. Up to four tenants may be advertised. SECTION 4. Except as expressly amended herein, the provisions of Ordinance No. 6265 shall remain in full force and effect. SECTION 5. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 6. 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 1 tithday of April , 2013, and thereafter passed and adopted at a regular meeting of said City Council held on the 14 t Mlay of May , 2013, by the following roll call vote: 10 AYES: Mayor Tait, Council Members Eastman,Murray,Brandman and Kring NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 94582/TReynolds 11 CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM 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. 6274 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day of April, 2013, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 14th day of May, 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 14th day of May, 2013. Qx�k6��6 CITY CLERK OF THE CIT OF ANAHEIM (SEAL) 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. 6274 and was published in the Anaheim Bulletin on the 23d day of May, 2013. CITY CLERK OF THE CITY &F ANAHEIM (SEAL) 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: May 23, 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: May 23, 2013 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6274 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING PORTIONS OF CHAPTER 18.116 OF TITLE IS OF THE ANA- HEIM TO MAKE CLARIFICATIONSL TO ACODEND/OR CORRECTUNC PRONERRORS R OMISSIONS IN ORDINANCE NO, 6265, PREVIOUSLY ADOPTED. On January 15, 2013, the Anaheim City Council adopted Ordinance No. 6265 amending various portions of Chapter 18.116 of the Anaheim Municipal Code, which ordinance was adopted in conjunction with Amendment No. 14 to the Anaheim flesort SpeO c�821 �end- clfic Plan Amendment No. 2010 00060), General Plan Amendment No. 201 ment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case Misce011ane- Amendment No. 5 to The Anaheim Resort Public Realm Landscape P((rog ousNo.ram Case No. 4). Through inadvertence andd Amendment to Ordinance er or in the draffingo. 54of Ordinaanl a No. 6265, said ordinance nn No. 6274, said ordinance required minor clarifications and contained certain minor dr n errors, which the City Council has clarified and corrected by the adoption of Ordinance nunc pro tune; i.e., having retroactive legal effect to the effective date of Ordinance No. 16265. Clerk of the C' of Anaheim, da hereby entity that the foregoing is a 1, Linda N. Andal, City aY summffttayyry of Ordinance No. 6274, which ordinance was introduced 3 a regular meeting of If andCadoptad atlafregular moeeting of said Council onaihe 4tof �IriIdaytofaMay, 2013nd was uby the fold I roll call vote of the members thereof: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None The above ect matter contain d nance No. 6274, which has been is a brief rpreparedtion of ih,Tursualnt t Section 512 of the Charter of tin the text of he City of Anaheim. This summary does not include or describe every provision of the ordi- nance and should yy not be relied on as a substitute for the full text of the ordinance. To please the ce of the obtain a 765- 166,of the full text of the between 8:00 AM and 5.00 PM, Monday through gh Fr day. There isC o charge for the copy. ^534 hnch: Anaheim Bulletin Ma 23, 2013 9634674