6371ORDINANCE NO. 6371
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING SUBSECTIONS .020 AND .040
OF SECTION 18.108.040 OF CHAPTER 18.108 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE, RELATING TO
SPECIFIC PLAN NO. 90-1 F O R THE FESTIVAL
REGIONAL SHOPPING CENTER, BASED UPON THE
FINDING AND DETERMINATION THAT THIS ORDINANCE
IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTIONS 15301 OF THE STATE CEQA GUIDELINES.
(SPECIFIC PLAN ADJUSTMENT NO. 2016-00067)
WHEREAS, pursuant to the procedures set forth in former Chapter 18.93 of the Anaheim
Municipal Code (herein referred to as the "Code"), the City Council of the City of Anaheim
("City Council") adopted its Resolution No. 90R-86 on March 20, 1990, thereby adopting
Specific Plan No. 90-1 for the then proposed Anaheim Hills Festival project (herein referred to
as "Specific Plan No. 90-1 "), subject to those certain conditions specified in Resolution No. 90R-
86; and
WHEREAS, the City Council concurrently adopted its Resolution No. 90R-87, thereby
requiring that the zoning and development standards relating to Specific Plan No. 90-1 would be
subject to those certain conditions specified in Resolution No. 90R-87; and
WHEREAS, in order to carry out the action taken by the City Council by its adoption of
Resolutions Nos. 90R-86 and 90R-87 and pursuant to the procedures set forth in former
Chapter 18.93 of the Code, the City Council adopted Ordinance No. 5109 on March 27,
1990, amending the Code to establish the zoning and development standards for Specific
Plan No. 90-1, which were then codified as Chapter 18.74 (Specific Plan No. 90-1 (SP 90-1)
Zoning and Development Standards) of Title 18 of the Code and are now codified as
Chapter 18.108 (Festival Specific Plan No. 90-1 (SP 90-1) Zoning and Development
Standards) of Title 18 of the Code; and
WHEREAS, the City Council also adopted Ordinance No. 5110 on March 27, 1990
for the purpose of amending the Zoning Map of the City to reclassify certain real property
described therein into the "SP 90-1 (Specific Plan 90-1) Zone", subject to those certain
conditions specified in Ordinance No. 5110; and
WHEREAS, by the adoption of Resolution No. 92R-160 on July 22, 1992 and
Ordinance No. 5324 on July 28, 1992, the City Council amended certain conditions of
approval of Specific Plan No. 90-1 and the zoning and development standards relating thereto
("Amendment No. 1); and
WHEREAS, by the adoption of Resolution No. 97R-41 on April 1, 1997 and
Ordinance No. 5603 on July 22 , 1997, the City Council amended Specific Plan No. 90-1 and
the zoning and development standards relating thereto to allow the (1) expansion of the existing
theater, (2) revision of the site plan to re -designate 20,000 square feet of area for general retail
uses, (3) construction of a 25,000 square foot health club and a 10,000 square foot child care
facility with a 15,000 square foot outdoor play area, subject to approval of a conditional use
permit, and (4) amendment of Condition No. 9 of Ordinance No. 5110 to permit on -street
parking on Festival Drive within the Retail Commercial and Entertainment Development Area
(Development Area 2) of Specific Plan No. 90-1 ("Amendment No. 2"); and
WHEREAS, by the adoption of Resolution No. 98R-164 on August 11, 19 9 8 and
Ordinance No. 5645 on August 18, 1998, the City Council amended Specific Plan No. 90-1
and the zoning and development standards relating thereto to conditionally permit senior
citizens' apartments in the Business Commercial Development Area (Development Area
4) of Specific Plan No. 90-1 ("Amendment No. 3"); and
WHEREAS, by the adoption of Resolution No. 2002R-39 on February 12, 2002 and
Ordinance No. 5806 on February 26, 2002, the City Council amended the Sign Program of
Specific Plan No. 90-1 and the zoning and development standards relating thereto to allow
additional wall signage for in-line tenants that rear onto Santa Ana Canyon Road and
amending the Zoning and Development Standards relating thereto ("Amendment No. 4");
and
WHEREAS, by the adoption of Resolutions No. PC2012-102 and PC2012-103 on
December 17, 2012 and Ordinance No. 6270 on March 5, 2013, the City Council amended
Specific Plan No. 90-1 and the zoning and development standards relating thereto to
conditionally permit the sale of beer and wine at service stations ("Amendment No. 5"); and
WHEREAS, the applicant has submitted a request to amend certain zoning and
development standards adopted in connection with Specific Plan No. 90-1, which request is
designated as "Specific Plan Adjustment No. 2016-00067", to conditionally permit the sale of
beer and wine for on -premises consumption in connection with food sales at the one multi-plex
cinema permitted in the Retail Commercial and Entertainment Development Area
(Development Area 2) of Specific Plan No. 90-1; and
WHEREAS, Specific Plan Adjustment No. 2016-00067 was proposed in conjunction
with a request for Conditional Use Permit No. 2016-05855 to permit the sale of beer and wine
with a Type 41 (On Sale Beer & Wine — Eating Place) license issued by the State of California
Department of Alcoholic Beverage Control (herein referred to as "ABC") for on -premises
consumption at the Property; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 18, 2016 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against proposed Specific Plan
Adjustment No. 2016-00067 and Conditional Use Permit No. 2016-05855 and to investigate and
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make findings and recommendations in connection therewith; and
WHEREAS, by the adoption of its Resolution No. PC2016-028 on April 18, 2016, the
Planning Commission did find and determine that Specific Plan Adjustment No. 2016-00067 is
consistent with the surrounding retail and commercial uses of The Festival and recommended
that this City Council adopt an ordinance amending Section 18.108.040 of Chapter 18.108 of
Title 18 of the Code in accordance with Specific Plan Adjustment No. 2016-00067; and
WHEREAS, by the adoption of its Resolution No. PC2016-029 on April 18, 2016, the
Planning Commission approved and adopted Conditional Use Permit No. 2016-05855,
contingent upon and subject to the adoption by the City Council of an ordinance amending
Section 18.108.040 of Chapter 18.108 of Title 18 of the Code in accordance with Specific Plan
Adjustment No. 2016-00067; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Cal. Code Regs. tit. 14, § 15000; herein referred
to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the
"lead agency" for the preparation and consideration of environmental documents for the
Proposed Project; and
WHEREAS, this City Council finds and determines that the effects of Specific Plan
Adjustment No. 2016-00067 are typical of those generated within that class of projects (i.e.,
Class 1 — Existing Facilities) which consist of, among other things, the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of this determination. Specific Plan
Adjustment No. 2016-00067 meets the criteria of Section 15301 of the CEQA Guidelines, and
will not cause a significant effect on the environment and is, therefore, categorically exempt
from the provisions of CEQA pursuant to Section 15301 of the CEQA Guidelines; and
WHEREAS, the City council desires to amend the zoning and development standards
in Chapter 18.108 of the Code to conditionally permit the sale of beer and wine for on -
premises consumption in connection with food sales at the one multi-plex cinema permitted in
the Retail Commercial and Entertainment Development Area (Development Area 2) of
Specific Plan No. 90-1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That paragraph "(b) Conditional Uses" of subsection ".020 General Standards" of
Section 18.108.040 of Chapter 18.108 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended and restated to read in full as follows:
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(b) Conditional Uses. The following and substantially similar
uses shall be permitted with a conditional use permit:
1. One automobile washing: self-service or automatic,
including use of mechanical conveyors, blowers and steam
cleaners (hereinafter referred to as "autowash") (on the lower
level/north portion of Development Area No. 2);
2. Convenience food stores, with or without the sale of
alcoholic beverages for off -premises consumption, in connection
with gasoline sales;
3. Day care centers (for children or elderly);
4. Medical/dental labs;
5. Medical emergency care facilities;
6. Laundry, self-service establishments; and
7. On -premises sales and consumption of beer and wine in
conjunction with the one multi-plex cinema permitted in
Development Area 2 - Retail Commercial and Entertainment
Development Area.
SF.( ;TT(�N 2 _
That subsection ".040 Development Area 2 — Retail Commercial and Entertainment
Development Area" of Section 18.108.040 of Chapter 18.108 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
.040 Development Area 2 — Retail Commercial and
Entertainment Development Area. Development Area 2 is
designed to accommodate retail uses, restaurants, financial
services, department stores and theaters. In addition to the
applicable and non -conflicting portions of subsection
18.108.040.020 and the Zoning Code, the following regulations
shall govern this area:
(a) Permitted Uses. In addition to the uses permitted in paragraph
18.108.040.020(a), the following uses and substantially similar
uses shall be permitted in Development Area 2:
1. Outdoor garden centers (fully screened);
0
2. Theaters (other than drive-ins):
a. One dinner theater; and
b. One multi-plex cinema; and
3. Outdoor food carts and small sales kiosks.
(b) Conditional Uses. The following uses shall be permitted with
a conditional use permit obtained pursuant to Chapter 18.66
(Conditional Use Permits):
1. On -premises sales and consumption of beer and wine in
conjunction with the one multi-plex cinema permitted in
Development Area 2 - Retail Commercial and Entertainment
Development Area.
(c) Building Height. The maximum height shall be thirty-five
(35) feet and two (2) stories, excluding architectural projections
and properly screened, roof -mounted equipment, which may
extend up to five (5) feet, for a total of forty (40) feet.
(d) Setbacks. A minimum building setback of twenty (20) feet
along Roosevelt Road shall be provided, measured from the right-
of-way to the building.
(e) Improvement of Setbacks. Minimum landscaped areas of
twenty (20) feet along Roosevelt Road and ten (10) feet along
Festival Drive shall be provided.
SECTION 3. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, 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. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 4. CERTIFICATION.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
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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 5. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the1 0th day of May , 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the 17 th day of
May , 2016, 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:
MA OR OF THE CITY OF ANAHEIM
ATTE
CITY CLERK OF T E CITY OF ANAHEIM
116222-v3/TJR
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. 6371 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 10th day of May, 2016, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 17th day of May, 2016, 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 17th day of May, 2016.
4(Al Ar# 410
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL) -
1\ .
AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange ) SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO.6371 I
I am a citizen of the United States and a resident AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING SUBSECTIONS .020 AND .040 OF SECTION 18.108.040 OF
of the County aforesaid; I am over the age of
CHAPTER
SPECIFIC PLAN TNOE90--1FOR THEF THE FESTIVAL REGIONAL OPPING RELATING
CENTER, BASED UPON THE FINDING AND DETERMINATION THAT THIS
ORDINANCE IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
eighteen years, and not a party to or interested in ENVIRONMENTAL QUALITY ACT(CEQA)PURSUANT TO SECTIONS 15301 OF
THE STATE CEQA GUIDELINES.
the above-entitled matter. I am the principal I (SPECIFIC PLAN ADJUSTMENT NO.2016-00067)
This ordinance amends the zoning and development standards in Chapter 18.108(Festival'
clerk of the Anaheim Bulletin, a newspaper that Specific Plan No.90-1(SP 90-1)Zoning And Development Standards)of Title 18(Zoning)of
the Anaheim Municipal Code(the"Code")to conditionally permit the sale of beer and wine
for on-premises consumption in connection with.food sales at the-one multi-plex cinema
has been adjudged to be a newspaper of general permitted in the The Festival" regional 'Shopping center. Specifically, this ordinance
amends and restates paragraph "6(b) Conditional Uses" of subsection ".020 General
Standards"of Section 18.108.040( evelopment Standards)and subsection".040 Dever-
circulation by the Superior Court of the County opment Area 2-Retail Commercial and Entertainment Development Area"of said Chapter
18.108 to Include the on-premises sales and consumption of beer and wine In conjunction
with the one multi-plex cinema permitted in the Retail Commercial and Entertainment De-
of Orange, State of California, on December 28, velopment Area(Development Area 2)of Specific Plan No.90-1,subject to a conditional
use permit.
1951, Case No. A-21021 in and for the City of I,Linda N-Andel,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a
summary of Ordinance No.6371 which ordinance was introduced at a regular meeting of
the City Council of the City of Anaheim on the 10th day of May,2016 and was duly passed I
Anaheim, County of Orange, State of California; and adopted at a regular meeting of said Council on the 17th day of May,2016 by the fol-1
lowing roll call vote of the members thereof:
that the notice, of which the annexed is a true AYES: Mayor Tait and Council Members Kring,Murray,Brandman,and Vanderbilt
printed copy, has been published in each regular NOES: None
ABSENT: None
and entire issue of said newspaper and not in any ABSTAIN:None
supplement thereof on the followingdates, to The above summary is a brief description of the subject matter contained in the text of Or-'
ppdinance No.6371,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-
wit: 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
May26,2016 Clerk,(714)765-5166,between 8:00 AM and 5:00 PM,Monday through Friday. There is no
charge for the copy.
"I certify (or declare) under the penalty of 11699B/TJR
Publish:Anaheim Bulletin May 25,2016 10166412
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 26,2016
.7":.:......,/::/:
Signature
Anaheim Bulletin
625 N.Grand Ave.
Santa Ana,CA 92701
(714)796-2209
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. 6371 and was published in the Anaheim Bulletin on the 26th day of May,
2016.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)