Loading...
6352ORDINANCE No. 6 3 5 2 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN SECTIONS OF CHAPTER 18.30 (DOWNTOWN MIXED USE (DMU) OVERLAY ZONE) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, the City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA Guidelines"), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That paragraph .0206 of Subsection .020 (Objectives) of Section 18.30.010 (Purpose) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .0206 To encourage consistency with, and implement the provisions of, the Community Design Element of the General Plan, the Downtown Guide to Development, the Redevelopment Plan for the Alpha Downtown Redevelopment Project Area and other related plans for Downtown Anaheim. SECTION 2. That Subsection .050 of Section 18.30.020 (Applicability) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in fall as follows: .050 Redevelopment Project Area. All applications submitted to the Planning and Building Department of the City of Anaheim for projects lying within the (DMU) Overlay Zone that also lie within the boundaries of the Alpha Downtown Redevelopment Project Area shall be forwarded to the Community and Economic Development Department for review. The Director of Community and Economic Development (the "Director") shall review each application and meet and consult with the applicant with respect to land use compatibility and the design features of the proposed project and may propose changes, where the Director deems it to be appropriate, in order to promote high-quality urban design. From time to time the Director may propose, the Planning Commission shall review, and the City Council may adopt; design guidelines to assist in the review of such applications. SECTION 3 That Section 18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 18.30.030 USES. .010 Planned Mixed Use Development. All development, except that which is subject to subsection .040 of Section 18.30.020, shall take place as a planned mixed use development project that includes at least one (1) of the residential classes of uses and one (1) of the non-residential classes of uses in Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone). Conversion of existing structures into Planned Mixed Use Development projects is included and requires a conditional use permit. The process for a Planned Mixed Use Development project approval is set forth in Section 18.30.170. .020 Primary Uses. Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) sets forth allowable primary uses for the (DMU) Overlay Zone, listed by classes of uses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Uses). The allowable primary uses listed below shall take place within a Planned Mixed Use Development only. Otherwise, the standards of the underlying zone shall apply to all other properties. .030 Accessory Uses. Table 30-B (Accessory Uses and Structures: Downtown Mixed Use Overlay Zone) sets forth allowable accessory uses and structures for the (DMU) Overlay Zone, listed by classes of uses as defined in Section 18.36.050 of ki Chapter 18.36 (Types of Uses). The allowable accessory uses listed below shall take place within a Planned Mixed Use Development only. Otherwise, the standards of the underlying zone shall apply to all other properties. .040 Temporary Uses. Table 30-C (Temporary Uses and Structures: Downtown Mixed Use Overlay Zone) sets forth allowable temporary uses and structures for the (DMU) Overlay Zone, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). Any allowable temporary use shall take place within a Planned Mixed Use Development only. Otherwise, the standards of the underlying zone shall apply to all other properties. .050 The allowable uses in Tables 30-A, 30-B and 30-C for each district are established by letter designations as follows: and .0401 "P" designates classes of uses permitted by right; 0402 "C" designates classes of uses permitted with a conditional use permit; 0403 "N" designates classes of uses that are prohibited. .060 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 30-A, 30-B or 30-C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .070 Unlisted Uses. Any class of use that is not listed or specifically prohibited in Tables 30-A, 30-B or 30-C may be permitted, provided the Planning Commission determines the use to be compatible with the intended purpose of the (DMU) Overlay Zone. .0180 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 30-A, 30-B and 30-C. Such provisions may include references to other applicable code sections, or limitations to the specified land use. 3 Table 30-A P=Permitted by Right PRIMARY USES: DOWNTOWN C=Conditional Use MIXED USE OVERLAY ZONE Permit Required N=Prohibited DMU Special Provisions Residential Classes of Uses Dwellings— P Multiple -Family Dwellings—Single- P Family Attached Dwellings—Single- P Family Detached Subject to Chapter 18.50 Senior Citizen (Senior Citizens' Housing P Housing -Apartment Projects) Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage P Subject to Manufacturing S ection 18.3 8.02 5 Alcoholic Beverage C Sales—Off-Sale Conditional use permit Alcoholic Beverage required if sales are not Sales—On-Sale P accessory to a primary restaurant use Animal Boarding N Animal Grooming P Conditional use permit Antennas— required if facilities are Broadcasting P not accessory , to a primary use on the same lot, not completely screened from view from a public right-of-way or not disguised as an integral architectural feature Conditional use permit required, if facilities are Antennas— Private not completely screened Transmitting P from view from a public right-of-way or not disguised as an integral architectural feature Conditional use permit required if facilities are not completely screened from view from a public Antennas— P right-of-way or not Telecommunications disguised as an integral architectural feature; subject to Section 18.38.060 (Antennas - Telecommunications) Automotive N Impound Yards Automotive—Public P Parking Automotive- N Washing Bars & Nightclubs C Billboards N Business and P Financial Services Subject to review and Commercial approval by the Planning P and Community and Place -making Uses Economic Development Departments Community & Conditional Use Permit Religious Assembly C not required for museums Computer Internet & Amusement N Facilities Convalescent and Rest Homes N Convenience Stores N Dance and Fitness Studios—Large P Dance and Fitness Studios—Small P Day Care Centers C Drive Through Facilities N Educational Institutions— P Business Educational Institutions—General C Educational Subject to Subsection Institutions— P .050 of Section Tutoring 18.36.040 (Educational Institutions—Tutoring) Subject to Subsection Entertainment .050 of Section Venue C 18.36.040 (Entertainment Venue) Hotels C Outdoor farmers markets Markets—Large P are allowed with a conditional use permit Markets—Small P Medical and Dental Offices P Medical Marijuana Dispensaries N Motels N Offices—General P Pawn shops N Personal Services— On-site dry cleaning and General P/N laundromats are not allowed Personal Services— Restricted N Public Services P Subject to review and Public Art ' and approval by the Planning Murals P and Community and Economic Development Departments Recreation—Billiards P Subject to Section 18,38.085 Recreation— Commercial Indoor C Recreation - Commercial C Outdoor Recreation—Low- Impact P Recreation— Swimming and P Tennis Repair Services— General N Repair Services— Limited P Subject to Subsection Restaurants—General P .180 of Section 18.36.040 Restaurants— Outdoor Seating P and Dining Restaurants—Walk- UP P Retail Sales— General P Table 30-B If food service is P=Permitted by Right STRUCTURES: proposed, the application DOWNTOWN MIXED USE Permit Required shall include a complete N=Prohibited description of how food Retail Sales—Kiosks C products will be Subject to Section Amusement Devices refrigerated and/or 18.16.050 (Amusement heated, and how utensils, Devices) appliances and Subject to Section Animal Keeping equipment will be 18.38.030 (Animal cleaned. Retail Sales—Used Merchandise P P Self -Storage Facilities N Smoking Lounges N Studios— Broadcasting P Studios—Recording P Utilities—Major N Utilities—Minor P Table 30-B ACCESSORY USES AND P=Permitted by Right STRUCTURES: C=Conditional Use DOWNTOWN MIXED USE Permit Required OVERLAY ZONE N=Prohibited DMU Special Provisions Subject to Section Amusement Devices P 18.16.050 (Amusement Devices) Subject to Section Animal Keeping P 18.38.030 (Animal Keeping) Conditional use pen -nit Antennas—Dish P required if facilities are not completely screened from view from a public right-of-way or not disguised as an integral architectural feature; subject to Section 18.38.050 (Antennas — Receiving) Conditional use permit required, if facilities are not completely screened from view from a public Antennas—Receiving P right-of-way or not disguised as an integral architectural feature; subject to Section 18.38.050 (Antennas — Receiving) Automated Teller P Freestanding kiosks not Machines (ATM's) permitted Caretaker Units C Day Care—Large Subject to Section Family C 18.38.140 (Large Family Day Care Homes) Day Care—Small P Family Subject to Subsection Entertainment C .105 of Section 18.36.050 (Entertainment - Accessory) Subject to Section 18.46.110 (Screening, Fences & Walls P Fences, Walls and Hedges); this use may occur on a lot with or without a primary use Subject to Section Home Occupations P 18.38.130 (Home Occupations) Subject to Chapter 18.46 Landscaping & P (Landscaping and Gardens Screening); this use may occur on a lot with or In without a primary use Mechanical & Subject to Section Utility Equipment— P 18.38.160 (Mechanical Ground Mounted and Utility Equipment — Ground. Mounted) Mechanical & Subject to Section Utility Equipment— P 18.38.170 (Mechanical Roof Mounted and Utility Equipment — Roof Mounted) Subject to Section Outdoor Seating and P 18.38.220 (Restaurants — Dining Outdoor Seating and Dining) Parking Lots & P Garages Portable Food Carts C Recreation Buildings & P Structures Subject to Subsection Retail Sales- P .170 of Section Outdoor Display 18.36.050 (Outdoor Displays) Subject to Section 18.30.120 (Signs). Portable signs may be Signs P permitted, subject to review and approval of a "Coordinated Sign Program" by the Planning Director. Must be mounted on the roof and, if visible from Solar Energy Panels P the street level, must be parallel to the roof plane as provided in Section 18.38.170 Thematic Elements P In Shall be screened from Vending Machines P view from public rights- of-way, and shall not encroach onto sidewalks Table 30-C P=Permitted by Right TEMPORARY USES AND C=Conditional Use Permit STRUCTURES: Required DOWNTOWN MIXED N=Prohibited USE OVERLAY ZONE DMU Special Provisions Contractor's Subject to Section 18.38.105 Office & P (Contractor's Office & Storage) Storage Open -Air Requires all applicable City Festivals P permits Special Subject to Section 18.38.240 Events P (Special Events) SECTION 4. That Subsection .010 of Section 18.30.110 (Parking and Loading) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .010 Parking Demand Study. Due to variations in parking demand and needs of each Planned Mixed Use Development, vehicle parking requirements and the design of the parking areas, including ingress and egress, shall be determined as part of the final plan review process, based on information contained in a parking demand study prepared by a California -licensed, independent traffic engineer, as approved by the Planning Services Manager of the Planning and Building Department and/or his or her designee. The parking demand study shall be prepared at the developer's expense at the time of application for the use. SECTION 5. That Subsection .060 of Section 18,30.160 (General Standards) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: 11 .060 CC&R's. Unsubordinated Covenants, Conditions and Restrictions ("CC&R's"), as required and approved by the Planning and Building Department and Public Works Department, and further subject to approval by the City Attorney, shall be recorded prior to issuance of a building permit or prior to approval of a final subdivision map, whichever occurs first, to provide for the common maintenance of all exterior elements, including but not limited to, access ways, parking areas, landscaping, irrigation facilities, signs and other common amenities or features. SECTION 6. That paragraph .0202 of Subsection .020 of Section 18.30,170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .0202 The Final Plans shall be prepared and submitted to the Planning and Building Department, for review and approval by the Planning Commission as a "Reports and Recommendations" item, in accordance with its procedures, and containing the information set forth in the final plan review application, as adopted by resolution of the Planning Commission, and on file with the Planning and Building Department. SECTION 7.. That Subsection .030 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .030 Actions Prior to Building Permit. Prior to issuance of a building permit for a Planned Mixed Use Development, final plans shall be prepared and submitted to the Planning and Building Department as provided herein. SECTION 8. That paragraph .0302 of Subsection .030 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .0302 The final plans shall be prepared and submitted to the Planning and Building Department, for review and approval by the Planning Commission as a "Reports and Recommendations" item, in accordance with its procedures, and containing the information set forth in the final plan review application, as adopted by resolution of the Planning Commission, and on file with the Planning and Building Department. 12 SECTION 9. That Subsection .050 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .050 Planning and Building Department Review of Exemptions. Plans for projects which are exempt from final plan review pursuant to subsection .040 shall be submitted to the Planning Director, for a determination of conformance with the provisions of this chapter, prior to issuance of a building permit or approval of landscaping plans. SECTION 10. That Subsection .080 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .080 Development Review and Permits. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the (DMU) Overlay Zone, all building and site plans shall be subject to design review by the Community and Economic Development Department, as well as review by the Building Division. The Community and Economic Development Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the (DMU) Overlay Zone. The Community and Economic Development Department will make recommendations regarding project design to the Planning Commission, for consideration in connection with the Planning Commission's decision on the final plan review or conditional use permit. SECTION 11. That Subsection .090 of Section 18.30.170 (Planned Mixed Use Development Approval) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full as follows: .090 Landscape Plan Review. The location of all proposed on-site and off-site landscaping, including irrigation facilities and landscaping within the parkway area (the area within the ultimate street right-of-way, as described in the Circulation Element of the Anaheim General Plan), shall be shown on a site plan, drawn to scale, and shall be subject to review and approval by the Planning and Building Department prior to installation. Such plans shall be consistent with the approved final plans. 13 SECTION 10. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, subsection, sentence, clause, phrase or portion of this ordinance hereby adopted be declared for any reason invalid or unconstitutional 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 herelrom of any such portion as may be declared invalid or unconstitutional. The City Council of the City of Anaheim hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. SECTION 11. SAVINGS CLAUSE; CONTINUITY. 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. To the extent the provisions of this Ordinance are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, the provisions of this ordinance shall be construed as restatements and continuations of those provisions and not as new enactments or amendments of the earlier provisions. SECTION 12. CERTIFICATION; PUBLICATION BY CLERK. The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 13. EFFECTIVE DATE. This Ordinance shall take effect and be in full force thirty (30) days ftom, and after its final passage. 14 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 8th day of December , 2015, and thereafter passed and adopted at a regular meeting of said City Council held on thel 5th day of December , 2015, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None • [Go 8911114 11 1920-v3/TJR CITY OF ANAHEIM By:�- MAYOR OF THE CITY OF ANAHEIM 15 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. 6352 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 8th day of December, 2015, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of December, 2015, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December, 2015. (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: December 24, 2015 "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: December 24, 2015 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATIO Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6352 AN ORDINANCE OF THE CITY OF ANAHEIM30 (DOWNTOWN MIXED CERMIIXED IUSE (DMU) SECTIONSIN OVERLAY ZONE) OF CHAPTER OF TITL8 (ZON- r ING) OF THE ANAHEIM MUNICIPAL CODE. This ordinance amends certain sections and tables of Chapter 18.30 (Downtown MiK Zle (DMU) overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code, providup dates and clarficctations to various sections and including the addition and deletion cer twin uses within,ee Downtown Mixed Use (DMU) Overlay Zone. Specifically, thiw�ordi nance includes the addition of certain classes of uses the will be permsd by rl,e. Qo., —a KAa idanturino and Alcoholic Beverage, Sales.;- Un-Salarr!dmms kets - Small, Public Art and Murais, riecreauvn - w.. ,Na..., • •ter•-•• -- -" ,,v +�+r+ 1 Restaurants - Outdoor Seating and Dining, Studios - Broadcasting. a This ordinahce also deletes certain uses within the Downtown Mixed Use ((DMU)-fterlay ✓ Zone- i.e., Animal BoardinIp Automotive- Impound Yards, Automotive -washing, Gomput- t er Internet & Amusement Facilities,. Convalescent and Rest Homes, Convenience Wdres, 3 Drive Through Facilities, Medical MariJuana Dispensaries, Motels, Pawn Shops, OrfreRd tlry cleaningg and -Laundromats, Repair Services - General, Self<Sto[age, Smoking LOW as, t Transit Facilities and U1Yities ' Major. y Furthermore, this ordinance includes the addition of Automated Teller Machines ((exEepttor freestanding kiosks), Outdoor Seating and Dining, and Retail Sales - Outdoor Di as J accessory uses and structures that will be permitted by right in the Downtown Mixse a (DMU) overlay Zone. In addition, Entertainment will be permitted as an access thy use in the Downtown Mixed Use j,DMU) Overlay Tone Subject to a conditional use permit tf I, Lvida N. Andal,'City Clerk of the CiLy'of Anaheim, do herebyy cenity thatthdfgrego l Ise summary of Ordinance No. 6352, which ordinance was introduced at a regular rnw- I of +, the C. Councilofthe City of Anaheim on the 8th day of December, 2015 and'%03 Idy A passer and adopted at a regu)ar, meeting of Said Council on the 15th day of December, e 2015 by the following roll call vote of the members thereof: i. AYES: Mayor Taft and Council Members Kring, Murray, Brandman, and Vanci [( It a A NOES: None I ABSENT: None - ABSTAIN: Nona The above summary is a brief description of the subject matter contained in the text oi Or- dinance No. 6352, which has been prepared ppursuarrt to Section 512 of the Charter- of the I City of Anaheim, This summary does not inciude or describe everryy provision of the ordi- + nance and should not be relied on as a substitute for the full text of th'a ordinance, i + 1 To obtain a copy of the full text of the ordinance, please contact the Office of:the:.eity Clerk, (714) 7655166, between 8:00 AM and 5:00 PM, Monday through Friday. Thstwis no charge for the copy. a ttc+Y ,a