5865ORDINANCE NO. 5865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING SPECIFIC PLAN ADJUSTMENT NO. 9 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, OF CHAPTER 18.110 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO DEVELOPMENT AREA 3
(NEW VEHICLE CONVERSION).
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 Specific Plan No. 94-1, relating 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, relating 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 Plan No. 94-1, relating 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, relating to requirements for
freeway -oriented signs (Adjustment No. 7); and
WHEREAS, on August 6, 2002, the City Council adopted Ordinance No. 5817
amending Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, relating to hospitals
within Development Areas 3 and 4 (Adjustment No. 8); and
WHEREAS, the proposed adjustment requests the addition of new vehicle
conversion businesses to the list of conditionally permitted uses in the Specific Plan area
("Adjustment No. 9" Tracking No. SPN2003-00022, hereafter "Adjustment No. 9"); and
WHEREAS, on June 2, 2003, the Anaheim City Planning Commission
considered the proposed Adjustment No. 9 and recommended to the City Council that it adopt
an ordinance approving the proposed adjustment; 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. 9 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 read as follows:
2
".050 Conditional Uses and Structures. The following buildings, structures and uses
shall be permitted in this 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.
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.
0523 Retail carpeting and/or petroleum-based flooring businesses.
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.
0532 Hospitals.
.0533 New vehicle conversion."
SECTION 2. 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 3. 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 4. 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 FOREGOING ORDINANCE is approved and adopted by the City Council
of the City of Anaheim this 17 day of June , 2003.
MAYOR OF TA CITf OF ANAHEIM
ATTEST:
,eITY CLffRK OF THE CITY OF ANAHEIM
49664. 1 \SMANN\June 3, 2003
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. 5865 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 10th day of June, 2003, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 17th day of June, 2003, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, McCracken, Hernandez
NOES: MAYOR/COUNCIL MEMBERS: None
TEMP ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
Y CLERK OF THE CITY OF 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:
June 26, 2003
"1 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
June 26, 2003
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
SIM
GTY OF ANAHEIM
ORDINANCE NO. SM
AN ORDINANCE OF TH CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING a€pECiFIC PLAN ADJUSTMENT NO
9 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1,
AMENDING ORDINANCE NO.5517 AS PREVIOUSLY
AMENDED, AND AMENDING S_UBS�ECTION .050 OF
SECTION i8.110.080, OF CHAPTER 18.110 OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO
DEVELOPMENT AREA 2 (NEW VEHICLE CONVERSION).
This ordinance creates Section 18.110.080.0533; adding
"New Vehicle Conversion" to the list of conditional usesper-
mitted for Development Area 3 (La Palms Core Area) of the
Northeast Ara$ Specific Plan (SP94-1)
I, Sheryl] Schroeder, City Clerk of the City of Anaheim; do
hereby ew" that the foregoing is a atxnmery of Ordinance
No. 5865 which ordinance was &droduced at a regular meet-
ing of the City Council of the City of Anaheim on the 10TH
day of June, 2003 and was duly �
passed and epted as a
regular meeting of saki Cound on the 17th day of June,
2003 by the following roll call vote of the members thereof:
AYES: Mayor Pringle, Council Members: McCracken,
Tait, Chavez, Hernandez
NOES: None
ABSENT: None
The above summary is a brief description ofthea ubj
Mol-
ter contained in the text of Ordinance No. 5665, wwhh has
been prepared pursuant to Section 512 of the Charter of the
Ci of Anaheim. This summery does not include or de-
scribe every provision of the ordinance and should not be
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the tuft text of the ordinance, please con-
tact the Office of the City Clerk, (714) 766-5166, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Publish: Anaheim Bulletin
June 26, 2003
25-709 5768976