Loading...
6319ORDINANCE NO. 6319 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TABLE 20 -D (DEVELOPMENT INTENSITIES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE) OF SECTION 18.20.040 (DEVELOPMENT DISTRICTS) OF CHAPTER 18.20 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC, TO CORRECT INADVERTENT AND CLERICAL DRAFTING ERRORS IN ORDINANCE NO. 6309, PREVIOUSLY ADOPTED. WHEREAS, on November 18, 2014, the City Council of the City of Anaheim (the "City Council ") adopted its Ordinance No. 6309, which had the effect of amending "Table 20 -D (Development Intensities: Platinum Triangle Mixed Use (PTMU) Overlay Zone)" (herein referred to as "Table 20 -D ") of Section 18.20.040 (Development Districts) of Chapter 18.20 of Title 18 of the Anaheim Municipal Code to be consistent with General Plan Amendment No. 2014 - 00495. General Plan Amendment No. 2014 -00495 was adopted by the City Council on October 21, 2014 to permit the increase in the number of dwelling units on that certain real property consisting of approximately 4.13 acres commonly known as 1005 -1105 East Katella Avenue in the City of Anaheim, County of Orange, State of California (the "Property") from 350 to 389 residential apartment units; and WHEREAS, it has been discovered that inadvertent and clerical errors were made in the drafting of Table 20 -D, as set forth in Ordinance No. 6309. Specifically, the maximum square footage for commercial uses within the Katella District, as described in Table 20 -D, was shown as 634,643 square feet when it should have been shown as 658,043 square feet, which means that the total maximum square footage for commercial uses within the Platinum Triangle Overlay Zone area was incorrectly stated. In addition, another clerical error was discovered in the identification of the maximum number of housing units in Table 20 -D; that is, instead of 18,999 housing units, the maximum number of housing units within the Platinum Triangle Overlay Zone depicted in Table 20 -D should have been stated as 19,027; and WHEREAS, the City Council now desires and intends to amend Ordinance No. 6309, nunc pro tune, that is, to correct said inadvertent and clerical drafting errors that, upon adoption of this Ordinance, will have the same legal force and effect as if made at the time when they should have been made, i.e., upon the adoption of Ordinance No. 6309 on November 18, 2014; and WHEREAS, the City Council has inherent authority to amend its ordinances under these circumstances, which will have retroactive legal effect upon the adoption of this Ordinance. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1 That Table 20 -D (DEVELOPMENT INTENSITIES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE) of Section 18.20.040 (DEVELOPMENT DISTRICTS) of Chapter 18.20 (PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows: Table 20 -D DEVELOPMENT INTENSITIES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE District Acres Maximum Housing Units Maximum Office Square Feet Maximum Commercial Square Feet Maximum Institutional Square Feet Arena 41 425 100,000 100,000 0 ARTIC 17 520 2,202,803 358,000 1,500,000 Gateway 50 2,949 562,250 64,000 0 Gene Autry 33 2,362 338,200 304,700 0 Katella 141 5,825 1,921,639 658,043 0 Orangewood 35 1,771 1,402,855 130,000 0 Stadium 153 5,175 3,125,000 3,120,368 0 Total Mixed Use 470 19,027 9,652,747 4,735,111 1,500,000 Office 121 0 4.478,356 0 0 Total PTMU Overlay 591 19,027 14,131,103 4,735,111 1,500,000 SECTION 2 All references to "Table 20 -D (Development Intensities: Platinum Triangle Mixed Use (PTMU) Overlay Zone)" of Section 18.20.040 (Development Districts) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 of the Anaheim Municipal Code shall be to the revised "Table 20 -D (Development Intensities: Platinum Triangle Mixed Use (PTMU) Overlay Zone)" set forth in this Ordinance, nunc pro tunc; that is, having retroactive legal effect as of November 18, 2014. SECTION 3 Except as expressly amended herein, the provisions of Ordinance No. 6309 shall remain in full force and effect. SECTION 4 . 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 5 . 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 17th day of March , 2015, and thereafter passed and adopted at a regular meeting of said City Council held on the 7th day of April , 2015, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MAY R OF THE CI Y OF ANAHEIM ATTEST: CLERK OF THE CITY OF ANAHEIM 107839- v2 /TJR AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange ) I am a citizen of the United States and a resident Proof of Publication of 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 Paste Clipping of clerk of the Anaheim Bulletin, a newspaper that Notice SECURELY has been adjudged to be a newspaper of general In This Space circulation by the Superior Court of the County of Orange, State of California, on December 28 SUMMARY PUBLICATIONNAHEI o CITY OF ANAHEIM ORDINANCE NO.6319 1951, Case No. A-21021 in and for the City of AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 4.04.400 TO CHAPTER 4.04 OF TITLE 4 OF THE ANAHEIM MU- OF A Anaheim,County of Orange, State of California; GN DIESICIPAL TCSIGN DISTRICT FORDE RLATING TOT HE THE ANAHEIMMENT REGIONAL TRANSPORTATION INTERMODAL CENTER (ARTIC) AND AMENDING SECTION 18.14.130 OF CHAPTER 18.14 OF TITLE 18 that the notice, of which the annexed is a true AND SECTION 4.084020 OF CHAPTER 4.08 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE TO BE CONSISTENT WITH THE printed copy, has been published in each regular ADDITION OF SAID NEW SECTION 4.04.400. This ordinance adds new Section 4.04.400(ARTIC Special Sign District)to Chapter 4.04 and entire issue of said newspaper and not in any (Outdoor,Advertising Signs and Structures-General)of Title 4 of the Anaheim Municipal Code for the purpose of establishing(i)a special sign district for the Anaheim'Regional Transportation Intermodal Center("ARTIC")known as the'ARTIC Special Sign District",. g tt3 and(ii)standards and'regulations for the orderly and most appropriate location and use of supplement thereof on the following- dates, signs within the ARTIC Special Sign District in accordance with that certain ARTIC Coordi- nated Sign Program. wit: This ordinance also includes the amendment of Section 18.14.130(Signs)of Chapter 18.14 (Public and Special-Purpose Zones)of Title 18(Zoning)of the Anaheim Municipal Code' April 16,2015 and Section 4.08.020 (Advertising Signs Along Freeways--Restricted) of Chapter 4.08 (Outdoor Advertising Signs and Structures---Near Freeways)of Title 4(Business Regula- tion)of the Anaheim Municipal Code to be consistentwith the provisions of said new Sec-I tion 4.04.400(ARTIC Special Sign District). "I certify (or declare) under the erialt Of I,Linda N.Andel,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a li y summary of Ordinance No.6319 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 17th day of March,2015 and was duly perjury under the laws of the State of California passed and adopted at a regular meeting of said Council on the 7th day of April,2015 by the following roll call vote of the members thereof: : AYES: Mayor Tait and Council Members Kring,Murray,Brandman and Vanderbilt that the foregoing is true and correct NOES: None - ABSENT: None - Executed at Santa Ana, Orange County, ABSTAIN:None California,on The above summary is a brief description of the subject matter contained in the text of Or- dinance No.6319,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 ordi- Date° April 16,2015 nance and should not be relied on as a substitute for-the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk,(714)765-5166,between 8:00 AM and 5:00 PM,Monday through Friday. There is no charge for the copy. -7 1tikk kofg. Publish Anaheim Bulletin April 16,201510036465 Signature Anaheim Bulletin 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 ORDINANCE NO.6319 AN ORDINAN( THE CITY OF ANAHEIM AMENDING TA- BLE 20-DDE .PMENT INTENSITIES: PLATINUM TRIAN- GLE MIXED Use (PTMU) OVERLAY ZONE) OF SECTION 1 \ 18.20.040(DEVELOPMENT DISTRICTS)OF CHAPTER 18.20 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC,TO CORRECT INADVERTENT AND..CLERICAL DRAFT- ING ERRORS IN ORDINANCE NO.6309,PREVIOUSLY ADOPT- ED. AFFIDAVIT OF PUBLICATION WHEREAS,on November 18,2014,the City Council of the City of Anaheim(the"City Council")adopted its Ordinance No.6309,which had the effect of amending"Table 20-D (Development Intensities:Platinum Triangle Mixed Use(PTMU)Overlay Zone)"(herein re- ferred to as"Table 20-D")of Section 18.20.040(Development Districts)of Chapter 18.20 of Title 18 of the Anaheim Municipal Code to be consistent with General Plan Amendment No. STATE OF CALIFORNIA, ) 2014-00495. General Plan Amendment No.2014-00495 was adopted by the City Council on October 21,2014 to permit the increase in the number of dwelling units on that certain ) SS. real property consisting of approximately 4.13 acres commonly known as 1005-1105 East Katella Avenue in the City of Anaheim,County of Orange,State of California(the"Proper- County of Orange ) ty")from 350 to 389 residential apartment units;and WHEREAS,it has been discovered that inadvertent and clerical errors were made in the drafting of Table 20-D,as set forth in Ordinance No.6309. Specifically,the maximum I am a citizen of the United States and a resident Proc square footage for commercial uses within the Katella District,as described in Table 20-D, was shown as 634,643 square feet when it should have been shown as 658,043 square feet,which means that the total maximum square footage for commercial uses within the of the County aforesaid; I am over the age of Platinum Triangle Overlay Zone area was incorrectly stated. In addition,another clerical error was discovered in the identification of the maximum number of housing units in Table 20-D;that is,instead of 18,999 housing units,the maximum number of housing units within eighteenyears,and nota partyto or interested in the Platinum Triangle Overlay Zone depicted in Table 20-D should have been stated as g 19,027;and the above-entitled matter. I am the principal WHEREAS,the City Council now desires and intends to amend Ordinance No.6309,I P 1� nunc pro tunc;that is,to correct said inadvertent and clerical drafting,errors that,upon adoption of this Ordinance,will have the same legal force and effect as if made at the time clerk of the Anaheim Bulletin, a newspaper that when they should have been made,i.e.,upon the adoption of Ordinance No.6309 on No- vember 18,2014;and has been general er li adjudgedh to be a newspaper of C WHEREAS,the City Council has inherent authority to amend its ordinances under these circumstances,which will have retroactive legal effect upon the adoption of this Ord- ,nance. circulation by the Superior Court of the County THE CITY,COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: of Orange, State of California, on December 28, SECTION 1. - That Table 20-D(DEVELOPMENT INTENSITIES:PLATINUM TRIANGLE MIXED USE 1951, Case No. A-21021 in and for the City of (PTMU)OVERLAY ZONE)of Section 18.20.040(DEVELOPMENT DISTRICTS)of Chapter 18.20(PLATINUM TRIANLE MIXED USE(PTMU)OVERLAY ZONE)of Title 18 of the Ana- heim Municipal Code 6e,and the same is hereby,amended and restated to read as fol- Anaheim, County of Orange, State of California; lows: Table 2443 . that the notice, of which the annexed is a true DE\91,1 oPbtY;NT,NfFNSrtlax' , PLATINUM TRIANGLE MIXED UVF,OO"rMU3 OVERLAY 70000 printed copy,has been published in each regular Datria A,:res Maximum Maximal Office 1,34xiusm Maximum framing Usuls &war,l'a,3 tbm00.843a1 Squaw 'm81468161 Feel Square Feer ` and entire issue of said newspaper and not in any Anna '41 425 t00,l0110 100.000 00 ARTIC 17 520 2,202,803' 350.000 - 1,500,000 supplement thereof on the following dates, to Gager 50 2,949 502,250 ' 04,000 4 Gyne Autry 33 2,352 335,200 304,700 0 wit: Katella 141 5,823 1.921.039 655,0.13 ' 4 Otangssvvd 35 1,771 1,402,855 130.000 0 April 16,2015 stadium 193 5.173 3,125.000 3,120,368 0 Told.Mixed 475 9,657747 1.500,000 Ilse 19.027 4,734,111 cc 01E86 121 0 4.978,356 0 '0 I certify (or declare) under the penalty of Total PTMU; 591 19,027 14,131,103 4935.11 1,500,000 Ovale perjury under the laws of the State of California SECTION 2. that the foregoing is true and correct": All references to"Table 20-D(Development Intensities:Platinum Triangle Mixed Use (PTMU) Overlay Zone)" of Section 18.20.040'(Development Districts) of Chapter 18.20 latinum Triangle Mixed Use(PTMU)Overlay Zone)of Title 18 of the Anaheim Municipal Code shall be to the revised "Table 20-D (Development Intensities:'Platinum Triangle Mixed Use(PTMU)Overlay Zone)"set forth in this Ordinance,nunc pro tunc;that is,hay- Executed at Santa Ana, Orange County, ing retroactive legal effect as of November 18,2014. California,on SECTION 3. Except as expressly amended herein,the provisions of Ordinance No.6309 shall re-1 Date:April 16,2015 main in full force and effect. SECTION 4.SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section,sub- section,paragraph,sentence,clause or word of this ordinance hereby adopted be�� de- clared for any reason invalid by the final judgment of any court of competent jurisdiction,it etillif....> is the intent of the City Council that it would have adopted all other portions of this ordi- nance independent of the elimination herefrom of any such portion as may be declared in- valid. SECTION 5.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 li- cense or penalty or the penal provisions applicable to any violation thereof. The provisions Signature of this ordinance,insofar as they are substantially the same as ordinance provisions previ- ously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations,and not as new enactments. Anaheim Bulletin THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun- cil of the City of Anaheim held on the 17th day of March,2015,and thereafter passed and 625 N.Grand Ave. adopted at a regular meeting of said City Council held on the 7th day of April,2015,by the following roll'call vote: Santa Ana,CA 92701 (714)796-2209 AYES: Mayor Tait and Council Members Kring,Murray,Brandman and Vanderbilt NOES: None ABSENT: None , ABSTAIN:None CITY OF ANAHEIM • MYB __is/ AYOR OF THE CITY OF ANAHEIM ATTEST: I. AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. 6 County of Orange ) :11:1\ I am a citizen of the United States and a resident Proof of Publication of 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 ani the principal Paste Clipping of PP g clerk of the Anaheim Bulletin, a newspaper that Notice has been adjudged to be a newspaper of general SECURELY In This Space circulation by the Superior Court of the County of Orange, State of California, on December 28, SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6319 1951, Case No. A-21021 in and for the City of AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 4.04.400 TO CHAPTER 4.04 OF TITLE 4 OF THE ANAHEIM MU- NICIPALAnaheim, County of Orange, State of California; S ECALOODE SIGN DISTRICT FORRLATING TOT THE SANAHEIMMENT REGIOOF A NAL TRANSPORTATION INTERMODAL CENTER (ARTIC) AND AMENDING SECTION 18.14.130 OF CHAPTER 18.14 OF TITLE 18 that the notice, of which the annexed is a true AND SECTION 4.08.020 OF CHAPTER 4.08 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE TO BE CONSISTENT WITH THE printed copy, has been published in each regular ADDITION OF SAID NEW SECTION 4.04.400. This ordinance adds new Section 4.04.400(ARTIC Special Sign District)to Chapter 4.04 and entire issue of said newspaper and not in all (Outdoor Advertising Signs and Structures-General)of Title 4 of the Anaheim Municipal y Code for the purpose of establishing(i)a special sign district for the Anaheim Regional Transportation Intermodal Center("ARTIC") known as the "ARTIC Special Sign District", supplement thereof on the f�110Wing dates, t0 and(ii)standards and regulations for the orderly and most appropriate location and use of b signs within the ARTIC Special Sign District in accordance with that certain ARTIC Coordi- nated Sign Program. wit: This ordinance also includes the amendment of Section 18.14.130(Signs)of Chapter 18.14 (Public and Special-Purpose Zones)of Title 18(Zoning)of the Anaheim Municipal Code April 16,2015 and Section 4.08.020 (Advertising Signs Along Freeways--Restricted) of Chapter 4.08 (Outdoor Advertising Signs and Structures--Near Freeways)of Title 4(Business Regula- tion)of the Anaheim Municipal Code to be consistent with the provisions of said new Sec- tion 4.04.400(ARTIC Special Sign District). "I certify (or declare) under the penalty of I,Linda N.Andal,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a summary of Ordinance No.6319 which ordinance was introduced at a regular meeting of I the City Council of the City of Anaheim on the 17th day of March, 2015 and was duly perjuryCaliforniaof under the laws of the State of Clifthe fol og w aroll hallvote of tghe member sgthe eod Council on the 7th day of April,2015 by AYES: Mayor Tait and Council Members Kring,Murray,Brandman and Vanderbilt that the foregoing is true and correct": NOES: None ABSENT: None Executed at Santa Ana, Orange County, ABSTAIN:None California,on The above summary is a brief description of the subject matter contained in the text of Or- dinance No.6319,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 ordi- Date° April 16,2015 nance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk,(714)765-5166,between 8:00 AM and 5:00 PM,Monday through Friday. There is no -74444•6].VA's.> Pufor the copy. PublishAnaheim Anaheim Bulletin April 16,2015 10036465 Signature Anaheim Bulletin 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209