5817ORDINANCE NO. 5817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING SPECIFIC PLAN ADJUSTMENT NO. 8 TO THE
NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AMENDING
ORDINANCE NO. 5517, AS PREVIOUSLY AMENDED, AND AMENDING
SUBSECTION .050 OF SECTION 18.110.080 AND 18.110.090,
RESPECTIVELY, OF CHAPTER 18.110 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT AREAS 3
AND 4 (HOSPITALS).
WHEREAS, pursuant to the procedures set forth in Chapter
18.93 of the Anaheim Municipal Code, on September 12, 1995, the
City Council of the City of Anaheim adopted Ordinance No. 5518
amending the zoning map to reclassify certain real property
described therein into the Northeast Area Specific Plan Zone
subject to certain conditions as specified therein, and Ordinance
No. 5517 relating to the establishment of Zoning and Development
Standards for the Northeast Area Specific Plan No. 94-1 by the
addition of Chapter 18.110 to said Code; and
WHEREAS, in connection with adoption of Specific Plan No.
94-1 (Northeast Area), the City Council certified EIR No. 317
with the Statement of Overriding Considerations finding that the
Northeast Area Specific Plan incorporates measures to mitigate or
avoid significant impacts on the environment and will itself act
as effective mitigation for potential environmental impacts
identified in Environmental Impact Report No. 317; and,
WHEREAS, on June 4, 1996, the City Council adopted Ordinance
No. 5563 amending Ordinance No. 5517 relating to the Northeast
Area Specific Plan No. 94-1, which amendment added a provision
permitting service stations as a conditional use in Development
Area 4 (Transit Core) ("Adjustment No. 1"); and
WHEREAS, on June 4, 1996, the City Council adopted Ordinance
No. 5564 amending Ordinance No. 5517, Northeast Area Specific
Plan No. 94-1, relating to automotive vehicle repair as a
conditional use in Development Area 4 (Transit Core) ("Adjustment
No. 2"); and
WHEREAS, on June 11, 1996, the City Council adopted
Ordinance No. 5565 amending various Chapters of Title 18
including Chapter 18.110 amending Ordinance No. 5517, the
Northeast Area Specific Plan No. 94-1, relating to eating and
drinking establishments ("Adjustment No. 3"); and,
WHEREAS, on August 20, 1996, the City Council adopted
Ordinance No. 5574 amending Ordinance No. 5517, Northeast Area
.T .r _...
Specific Plan No. 94-1, related to deleting a time limitation for
churches ("Adjustment No. 4"); and
WHEREAS, on January 11, 2000, the City Council adopted
Ordinance No. 5714 amending Ordinance No. 5517, Northeast Area
Specific Plan No. 94-1, related to self-service laundries
("Adjustment No. 5"), and
WHEREAS, on April 18, 2000, the City Council adopted
Ordinance No. 5728 amending Ordinance No. 5517, Northeast Area
Specific Plan No. 94-1, to amend the boundaries of Development
Area 5 (Commercial Area) and Development Area 2 (Expanded
Industrial) at the northwest corner of La Palma Avenue and
Hancock Street ("Amendment No. 1"), and
WHEREAS, on April 24, 2001, the city Council adopted
Ordinance No. 5761 amending Ordinance No. 5517 , Northeast Area
Specific No. 94-1, related to asphalt and concrete processing
within Development Area No. 6 (Adjustment No. 6); and
WHEREAS, on May 1, 2002, the City Council adopted Ordinance
No. 5767 amending Ordinance No. 5517, Northeast Area Specific
Plan No. 94-1, related to requirements for freeway -oriented signs
(Adjustment No. 7); and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council has
determined that the project is categorically exempt from CEQA
under CEQA Guidelines Section 15061 (b)(3), which provides that
where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN that Adjustment No. 7 be, and the same is hereby,
approved; and that Ordinance No. 5517 be, and the same is hereby,
amended to revise the Zoning and Development Standards in Chapter
18.110 of the Anaheim Municipal Code as follows:
SECTION 1.
That subsection .050 of Section 18.110.080 of Chapter 18.110
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended (to add paragraph .0532) to read as follows:
".050 Conditional Uses and Structures. The following
buildings, structures and uses shall be permitted in this
2
development area subject to a conditional use permit in
compliance with Section 18.03.030 `Conditional Use Permits
General' of this Code.
.0501 Ambulance services with attendant living
quarters.
.0502 Amusement park facilities located south of La
Palma Avenue including but not limited to miniature golf
courses, water attractions, racetracks, amusement rides and
arcades.
.0503 Animal foods processing.
.0504 Animal hospitals and/or kennels.
.0505 Automobile car washes.
.0506 Bowling alleys, with or without alcohol
sales.
.0507 Buildings or structures in excess of sixty
(60) feet in height.
.0508 Bus depots.
.0509 Child day care facilities which exclusively
serve one or more businesses located in this Specific Plan
area.
.0510 Communications stations and antennas (other
than those permitted by paragraphs 18.110.080.030.0309 and
18.110.080.030.0310) including amateur -operated radio
transmission towers and cellular communications
facilities/towers whether ground mounted or mounted on a
structure. Maximum structural height shall be determined by
conditional use permit.
.0511 Explosives. Storage of any class "A" or class
"B" or in excess of twenty (20) pounds of class "C"
explosives.
.0512 Freestanding freeway oriented signs.
.0513 Health spas and physical fitness centers in
excess of four thousand (4,000) square feet in area.
3
.0514 Helistops located less than one thousand
(1000) feet from any residentially zoned parcel; Heliports.
.0515 Hotels and motels.
.0516 Large collection facilities for recycling
purposes subject to the requirements of Chapter 18.95 of
this Code.
.0517 Manufacturing operations not otherwise listed
as a permitted use in this Development Area, including, but
not limited to: acid, alcohol, ammonia, bleaching powder,
chlorine, asphaltic concrete, cement, lime, gypsum, plaster
of paris, explosives, fertilizer, gas, glue, lampblack,
synthetic rubber, and tar distillation or processing, brick
or concrete products, paint, oil, shellac, turpentine or
varnish, oil cloth or linoleum, paper pulp, polish, soap,
soda and other compounds.
.0518 Metal smelting, refining or processing
operations not otherwise listed as a permitted use in this
Development Area including, but not limited to, high
temperature smelting by blast furnaces or coke ovens, metal
foundries, drop forge operations or the rolling and
extrusion of ferrous metals.
.0519 Private clubs, lodges, and meeting halls.
.0520 Private recreational facilities, indoor or
outdoor, including, but not limited to recreation courts and
fields.
.0521 Public utilities or utilities operated by
mutual agencies consisting of electrical substations, gas or
conversion plants with the necessary buildings, apparatus or
appurtenances incident thereto, but not including
distribution mains or electric or telephone wires or cables
or City -owned public utilities.
.0522 Restaurants; Enclosed or Semi -Enclosed (with
or without cocktail lounges and/or on -premises sale and
consumption of alcoholic beverages; with or without public
entertainment), including drive-in, drive-through, take-out,
walk-up or fast food. (Ord. 5565 § 52; June 11, 1996.)
.0523 Retail carpeting and/or petroleum-based
flooring businesses.
51
.0524 Retail sales provided (i) such uses are
freeway- oriented (ii) provided such retail sales pertain to
furniture, home building products, office supplies or
products determined to be similar by the Planning Commission
or City Council and (iii) the retail sales portion of the
business shall be a minimum of fifteen thousand (15,000)
square feet.
.0525 Retail sales provided the retail sales
portion of the business shall be a minimum of fifty thousand
(50,000) square feet.
.0526 Rubber products; reclamation or processing
(natural or synthetic).
.0527 Sales businesses which primarily serve and
are compatible with industrial uses and which are not
otherwise permitted uses in this Development Area, pursuant
to Section 18.110.080.010. For purposes of this section, any
use which is found to encourage retail of products or
merchandise or to attract customers other than industrial
users for industrial purposes permitted in this Development
Area shall not be deemed a use which primarily serves and is
compatible with industrial uses.
.0528 Service stations, automobile or truck, with
or without convenience markets, subject to the requirements
of Chapter 18.87 of this chapter, provided that as a
condition for the granting of a conditional use permit for
an automobile or truck service station, the property owner
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.
.0529 Training centers, non -industrial.
.0530 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.
.0531 Vehicle sales agencies and lots.
5
.0532 Hospitals."
SECTION 2.
That subsection .050 of Section 18.110.090 of Chapter 18.110
of Title 18 of the Anaheim Municipal Cede be, and the same is
hereby, amended (to add paragraph .0522) to read as follows:
11.050 Conditional Uses and Structures. The following
buildings, structures and uses shall be permitted in this
Development Area subject to a conditional use permit and subject
to the conditions and required showings of Section 18.03.030
"Conditional Use Permits — General" of this Code.
.0501 Ambulance services, with or without attendant
living quarters.
.0502 Automobile rental agencies.
.0503 Buildings and structures exceeding one
hundred (100) feet in height.
0504 Bus depots.
.0505 Child day care facilities which exclusively
serve one or more businesses located in this Specific Plan
area.
.0506 Coin, stamp, and baseball trading card
dealers.
.0507 Commercial parking lots or structures not
required for a use permitted in this Development Area.
.0508 Communications stations and antennas (other
than those permitted by paragraphs 18.110.090.030.0321 and
18.110.090.030.0322) including amateur -operated radio
transmission towers and cellular communications
facilities/towers whether ground mounted or mounted on a
structure. Maximum structural height shall be determined by
conditional use permit.
0509 Exhibition halls.
0510 Freestanding freeway oriented signs.
I.
.0511 Health spas and physical fitness centers
larger than four thousand (4,000) square feet in gross floor
area.
.0512 Hotels and motels.
.0513 Markets or grocery stores.
.0514 Private educational institutions, including
but not limited to private colleges, universities,
elementary, junior and senior high schools.
.0515 Private lodges, clubs, and meeting halls.
.0516 Public utilities or utilities operated by
mutual agencies consisting of, electrical substations, gas
or conversion plants, with the necessary buildings,
apparatus or appurtenances incident thereto, but not
including distribution mains or electric or telephone wires
or cable or City -owned public utilities.
.0517 Railroad stations, bus terminals, and related
commuter facilities.
.0518 Restaurants (except as otherwise permitted in
paragraph 18.110.090.010.0106 of this Code); with
on -premises sale and consumption of alcoholic beverages
and/or cocktail lounge and/or public entertainment;
including drive-in, drive-through, and walk-up restaurants.
(Ord. 5565 § 57; June 11, 1996.)
.0519 Training centers, other than business or
trade schools.
.0520 Service stations, automobile, with or without
convenience markets subject to the requirements of Chapter
18.87, provided (a) that the service station is located on a
parcel of land at the intersection of two arterial highways
as designated on the City's Circulation Element of the
General Plan and (b) that as a condition for the granting of
a conditional use permit for an automobile service station,
the property owner 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
7
shall be considered closed during any month in which it is
open less than fifteen (15) days.
.0521 Automotive vehicle repair, overhaul,
installation of parts and accessories, modification,
painting, body work and other similar vehicular activities,
including incidental retail sales, provided a conditional
use permit for such use is obtained prior to August 1, 2001.
For purposes of this paragraph the words "automotive
vehicle" shall include automobiles, boats, recreational
vehicles, trucks and motorcycles.
.0522 Hospitals."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE
City Council
2002.
ATTEST:
FOREGOING ORDINANCE is approved and adopted by the
of the City of Anaheim this 6th day of August
CITY CLEAI< OF THE CITY OF ANAHEIM
41003.1\SMANN\July 15, 2002
a
EIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5817 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 23rd day of July, 2002, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 6th day of August, 2002, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken; Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT.
(SEAL)
-17
MAYOR/COUNCIL MEMBERS: None
0.
CITY CLERK OF THE CITY OF ANAHEIM
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:
August 15, 2002
" 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
August 15, 2002
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
SUMMARY MOFPAUBLL EATTIION
ITY
ORDINANCE NO. 5817
N ORDINANCE OF THE CITY OF ANAHEIM APPROVING
PECIFIC PLAN ADJUSTMENT NO. B TO THE NORTH -
AST AREA SPECIFIC PLAN NO. 94-1, AMENDING ORDI-
ANCE NO.5517, AS PREVIOUSLY AMEND, AND
MENDING SUBSECTION .050 OF SECTION 18.110.080
ND 18.110.090, RESPECTFULLY, OF CHAPTER 18.110 OF
ITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
O DEVELOPMENT AREAS 3 AND 4 (HOSPITALS)
his ordinance amends Title 18 of the Anaheim Municipal
:ode to conditionally permit hospitals in the SP 94-1. one.
:urrently, the Anaheim Municipal Code permit hospitals
rith a conditional use permit in the ML (Limited lndustnal),
,L (Commercial Limited), and CO (Commercial Office)
!ones, which are the undertyingg base tones for Dmroiop-
nent Area Nos.1 through Sof t/ae Northeast Area Specific
)Jan.
Phis ordinance amends the list of land uses authorized by
,or
ditional use permit in Development Areas 3 and 4 of Me
Vortheast Area Specific Plan to include hospitals.
rhe addition of hospitals as a conditional permitted land
ise under subsection .50, "Conditional Uses and
Structures" for Sections 18.110.080 (Development Area 3)
and 18.110.090 (Development Area 4) allows for discretion-
ary approval of such uses by the Planning Commission
and/or City Council on a case by case basis.
I, Sheryll Schroeder, City Clerk of the City of Anaheim, do
here6bByy meet
certify that the foregoing is a summary of
ordinance
iNO'ng of t17 which he City Counciance l o Me was introduced
aced at a mon n 23rd
day of July, 2002 and was duly passed and adopted at a
regular meeting of said Council on the 8th day of August,
2002 by the following roll call vote of the members thereof:
AYES: Mayor Daly, Council Members: Feldhaus, Kring,
McCracken, Taft
NOES: None
ABSENT: None
t
The
contained n the text ois a f Ordinancerief on 5817 which of the has
mat-
ter
t
been prepared pursuant to Section 512 of the Charter of the
C ty of Anaheim. This summary does not include or de
relied oftie nasprovision substitutefforethefuH text of theordinance
should
ordinance.
To obtain a copy of he full text of the ordinance, please con
tact the Office of he City Clark, (714) 7 168, between
8:00 AM and 5:00 PM, Monday througH Friday. There is no
charge for the copy.
Publish:Anaheim Bulletin
August 15, 2002
25-1064
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