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6498 ORDINANCE NO.6498 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.20 (PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE) AND 18.36 (TYPES OF USES) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO ALLOW ARENA/STADIUM USE WITH A CONDITIONAL USE PERMIT WITHIN THE ARENA AND STADIUM DISTRICTS OF PTMU OVERLAY ZONE (ZONING CODE AMENDMENT NO. 2020-00171) (DEV2020-00127) 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 of Anaheim (the "City")and its residents; and WHEREAS, the City Council did receive a verified petition for (1) the Disposition and Development Agreement (Development Agreement No. 2020-00002) described in that certain Purchase and Sale Agreement entered into by the City and SRB Management Company,LLC(the "Developer") dated December 20, 2019 as modified by a Letter of Understanding dated May 5, 2020 at the request of Developer, as modified by a letter dated May 29, 2020, by a confirmation letter, dated June 15, 2020, from City, and as amended and restated by that certain Amended and Restated Purchase and Sale Agreement considered by City Council concurrently herewith;and(2) an amendment to the Zoning Code (Zoning Code Amendment No. 2020-00171)to permit arenas and stadiums within the Arena and Stadium Districts of the Platinum Triangle Mixed Use Overlay Zone(the"PTMU Overlay Zone"), subject to the review and approval of a conditional use permit, for the development of the approximately 151 acres of land located at 2000 E. Gene Autry Way in the City of Anaheim, County of Orange, State of California; and WHEREAS,as part of its application,the Developer submitted a Master Site Plan pursuant to Section 18.20.200 (Implementation) of Chapter 18.20 (PTMU Overlay Zone) of the Zoning Code, which provides the framework for the development of the Property. Development Agreement No. 2020-00002 with the Master Site Plan, Zoning Code Amendment No. 2020- 00171,and the Project shall be referred to herein collectively as the"Proposed Project"; 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 Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines", the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedures,the City prepared a Sustainable Communities Environmental Assessment(the "SCEA," State Clearing House No. 2020079026) for the Proposed Project to evaluate the environmental impacts of the Proposed Project and to identify necessary mitigation pursuant to the requirements of the CEQA. The document reviews the analysis in prior EIRs certified by the City for the Platinum Triangle area and the Southern California Association of Governments' ("SCAG") 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy Program EIR("RTP/SCS PEIR")to determine if the Proposed Project would result in new project specific effects or a substantial increase in the severity of significant impacts identified in the City prior EIRs and RTP/SCS PEIR,and whether mitigation measures or uniformly applicable development policies would substantially mitigate these impacts. The SCEA is used to specifically analyze new project-specific effects or a substantial increase in the severity of significant impacts identified in the City prior EIRs and RTP/SCS PEIR that are not substantially mitigated by uniformly applicable development policies; and WHEREAS,the SCEA was circulated for a 30-day public and responsible agency review from July 30, 2020 to August 31, 2020. A Notice of Availability ("NOA") was published in the Anaheim Bulletin on July 30, 2020, a newspaper of general circulation, posted in the office of Orange County Clerk-Recorder, and sent to applicable responsible agencies and other interested parties and agencies,along with property owners and residents within 1,000 feet of the boundaries of the Proposed Project. The NOA and the draft SCEA were also made available for review at the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard and on the City's website at www.anaheim.net; and WHEREAS,none of the comments received during the public review period of the SCEA resulted in substantial revisions requiring recirculation or the need to prepare an environmental impact report. In addition,an Errata to the SCEA was prepared to correct minor errors,minor and limited updates to mitigation measures, and provide additional clarifications. The revisions made to the SCEA by the Errata do not entail a significant, meaningful change to the environmental impact analysis or environmental significance determinations provided throughout the SCEA, do not change the adequacy of the SCEA and its findings, do not amount to a substantial revision of the SCEA, and do not require recirculation of the SCEA; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project (herein referred to as "Updated and Modified MMP No. 106D"); and WHEREAS,on September 9,2020,by its motion,and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedures, the Planning Commission recommended that the City Council find and determine that the SCEA constitutes an adequate, accurate, objective and complete review of the environmental effects of the Proposed Project in accordance with CEQA and the CEQA Guidelines and recommended that the City Council approve and adopt the SCEA and MMP No. 106D; and WHEREAS, the City Council hereby finds and determines that the SCEA constitutes an adequate, accurate, objective and complete review of the environmental effects of this ordinance, pursuant to provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedures ; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and 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. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning)of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 20-A P=Permitted by Right PRIMARY USES: Conditional Use Permit Required PLATINUM TRIANGLE M=Minor Conditional Use Permit MIXED USE(PTMU)OVERLAY ZONE* Required *Does not apply to the Office District;see subsection N=Prohibited 18.20.030.010 for Office District uses. GF=Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses Alcoholism or Drug Abuse Recovery or P Treatment Facilities(Small) Community Care Facilities—Licensed P (Small) Community Care Facilities—Unlicensed N (Small) Dwellings—Multiple-Family P Dwellings—Multiple-Family in the C Subject to the approval of Conditional Use Gateway District,Sub-Area B Permit No.2003-04763,as may be amended from time to time,and subject to the conditions set forth in Section 18.66.060 (Findings),and further subject to paragraphs .0201 and.0202 of subsection.020 of Section 18.20.200. Dwellings—Single-Family Attached P Dwellings—Single-Family Detached N Senior Citizen Housing C Subject to Chapter 18.50(Senior Citizens Apartment Projects) Senior Living Facilities(Small) P Sober Living Homes(Small) N Supportive Housing P Transitional Housing P Non-Residential Classes of Uses Alcoholic Beverage Manufacturing P/C GF , Subject to Section 18.38.025 Alcoholic Beverage Sales—Off-Sale C GF Conditional use permit not required if use is in conjunction with Markets—Large Alcoholic Beverage Sales—On-Sale M/C GF Permitted with minor conditional use permit if accessory to a primary restaurant use Alcoholism or Drug Abuse Recovery or N Treatment Facilities(Large) Automotive—Public Parking M Automotive—Repair&Modification: N Major Automotive—Repair&Modification: N Minor Automotive—Sales Agency Office(Retail) N Automotive—Sales Agency Office N (Wholesale) Automotive—Vehicle Sales,Lease& N Except as permitted as an accessory use 3 Table 20-A P=Permitted by Right PRIMARY USES: Conditional Use Permit Required PLATINUM TRIANGLE M=Minor Conditional Use Permit MIXED USE(PTMU)OVERLAY ZONE* Required *Does not apply to the Office District;see subsection N=Prohibited 18.20.030.010 for Office District uses. GF=Ground Floor Commercial PTMU GF Special Provisions Rental Automotive—Service Stations C Bars&Nightclubs C GF Billboards N Boarding House N Business&Financial Services P GF Commercial Retail Centers C Community Care Facilities—Licensed N (Large) Community Care Facilities—Unlicensed N (Large) Community&Religious Assembly C GF Computer Internet&Amusement N N Facilities Convenience Stores C GF Conversions of hotels or motels to semi- N permanent living quarters Dance&Fitness Studios—Large P GF Dance&Fitness Studios—Small P GF Day Care Centers C GF Drive-through Facilities N Educational Institutions—Business M GF Educational Institutions—General C GF Educational Institutions—Tutoring P GF Entertainment Venue C GF Hotels P/C/ Hotels are permitted,extended-stay hotels are permitted by conditional use permit Markets—Large P GF Outdoor farmer's markets are allowed with a conditional use permit Markets—Small P GF Medical and Dental Offices P GF Motels N N Offices—General P GF Personal Services—General P GF On-site dry cleaning not allowed;conditional use permit required for laundromats; laundromats are subject to§ 18.38.150. Massage subject to§ 18.16.070,except massage not permitted within Live/Work Units. Personal Services—Restricted C GF Public Services P GF Recreation—Billiards P GF Recreation—Commercial Indoor P GF Recreation—Commercial Outdoor C Recreation—Low-Impact P Recreation—Swimming&Tennis P Repair Services—Limited P GF Research and Development P Restaurants—Drive-Through N Restaurants—General P GF Restaurants—Outdoor Dining P GF Subject to§ 18.38.220(Restaurants—Outdoor 4 Table 20-A P=Permitted by Right PRIMARY USES: Conditional Use Permit Required PLATINUM TRIANGLE M=Minor Conditional Use Permit MIXED USE(PTMU)OVERLAY ZONE* Required *Does not apply to the Office District;see subsection N=Prohibited 18.20.030.010 for Office District uses. GF=Ground Floor Commercial PTMU GF Special Provisions Seating and Dining) Restaurants—Walk-Up P GF Retail Sales—General P GF Retail Sales—Kiosk M GF Retail Sales—Used Merchandise N Senior Living Facilities(Large) N Sober Living Homes(Large) N Sex-oriented businesses,as defined in N Chapter 18.54(Sex-Oriented Businesses) Stadiums and Sports Arena Complexes C Studios—Broadcasting P GF Broadcasting antennas require a conditional use permit Studios—Recording P GF Swap meets,indoor and outdoor N Transit Facilities P GF Utilities—Major C Use or activities not listed,nor C As determined by the Planning Commission specifically prohibited to be compatible with the intended purpose of the PTMU Overlay Zone. SECTION 2. That Subsection .190 of Section 18.36.040 (Non-Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code be,and the same is hereby,amended and restated to read in full as follows: .190 "S" Use Classes. Self Storage. This use class consists of establishments providing storage services, primarily for personal effects and household goods, within enclosed storage areas having individual access. The incidental sale of boxes and packing materials is included. Senior Living Facilities (Large). A State licensed facility that meets the definition of Residential Care Facility for Elderly, as specified in Section 1569.2 of California Health and Safety Code, subject to regulations of Chapter 3.2 of California Health and Safety Code. Such facility provides care and services on a monthly basis or longer to seven (7) or more persons 60 years of age or older, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. This use class may include Independent Living, Assisted Living, Memory Living Care, Skilled Nursing, and Continuing Care Retirement Community, which are further defined under Senior Living Facilities (Small) in this chapter. Sex-Oriented Businesses. This use class consists of establishments defined as sex- oriented businesses in Chapter 18.54 (Sex-Oriented Businesses). Sober Living Home (Large). A residential care facility not licensed by the State, providing supportive living environment that is an alcohol and drug-free for seven (7) or more adults recovering from alcoholism and/or drug abuse and considered handicapped under State or Federal law. Such facility shall not provide the services that are provided 5 by the Community Care Facilities—Licensed or Alcoholism or Drug Abuse Recovery or Treatment Facilities. This use class shall not include any Sober Living Home operating as a Single Housekeeping Unit, Alcoholism or Drug Recovery or Treatment Facilities, Boarding Houses, Community Care Facilities — Licensed, or any other uses otherwise defined in this Chapter. Stadiums and Sports Arena Complexes. This use class consists of a venue for professional sports on a permanent basis that has a capacity of 15,000 or more seats,which is designed, intended,and used primarily for large-scale spectator events including,but not limited to, sporting events, musical performances,or other similar events. Studios—Broadcasting. This use class consists of facilities used for the broadcasting of radio,television or Internet programs. Facilities with live audiences shall be considered "Entertainment Venue." Studios—Recording. This use class consists of facilities used for the recording of music and other voice communications, for the purpose of dissemination by broadcast,the Internet, compact disks or similar media. Recording studios with live audiences shall be considered"Entertainment Venue." 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 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 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. 6 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 the 29th day of September,2020,and thereafter passed and adopted at a regular meeting of said City Council held on the 6th day of October, 2020, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel , Brandman, Kring, and O 'Neil NOES: Council Members Barnes and Moreno ABSENT:None ABSTAIN: None CITY OF ANAHEIM By: ki II AI • ' OF' 'E ' I •' ANAHEIM A -.7arl--d!""V Amomb CITY CLE' 4 OF THE CITY OF ANAHEIM 139537 7 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No.6498 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 29th day of September, 2020, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6th day of October, 2020, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Brandman, Kring and O'Neil NOES: Council Members Barnes and Moreno ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of October, 2020. CITY CLE"K OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin PROOF OF PUBLICATION 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011416882 714-796-2209 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6498 AN ORDINANCE OF THE CITY OF ANA- HEIM AMENDING CHAPTERS 18.20 (PLATINUM TRIANGLE MIXED USE 5190168 (PTMU) OVERLAY ZONE) AND 18.36 (TYPES OF USES) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO ALLOW ARENA ANAHEIM,CITY OF/CLERKS OFF CONDITIONAL�SEDT UM PERMIT WITHIN 200 SANAHEIM BLVD STE 217 THE ARENA AND STADIUM DISTRICTS OF PTMU OVERLAY ZONE ANAHEIM, CA 92805-3820 (ZONING CODE AMENDMENT NO.2020-00171) (DEV 2020-00127) This ordinance amends portions of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) and Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of Anaheim Municipal Code to permit Stadi- um and Sports Arena Complexes within the Arena and Stadium Districts of the PTMU Overly Zone subject to AFFIDAVIT OF PUBLICATION the approval of a Conditional Use Permit. I, Theresa Bass, City Clerk of the City of Anaheim, do STATE OF CALIFORNIA, hereby certify that the foregoing is a summary of Or- dinance No.6498, which ordinance was introduced at a SS. regular meeting of the City Council of the City of Ana- heim on the 29th day of September, 2020 and was duly County of Orange passed and adopted at a regular meeting of said Coun- cil on the 6th day of October, 2020 by the following roll call vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Brandman, Kring,and O'Neil I am a citizen of the United States and a resident of the NOES: Council Members Barnes and Moreno County aforesaid; I am over the age of eighteen years, and ABSENT: None not a party to or interested in the above-entitled matter. I ABSTAIN: None am the principal clerk of the Anaheim Bulletin, a that has been adjudged to be a newspaper of The above summary is a brief description of the sub- newspaper iect matter contained in the text of Ordinance No.6498, general circulation by the Superior Court of the County of cChartelraofbthen Citypof Anaheim. Thisesumma yodoes Orange, State of California, on December 28, 1951, Case nde odie eprovision t nance otincluand shouldr escr notbbe evreliedry on as a subof stitutehe forordi- No. A-21021 in and for the City of Anaheim, County of the full text of the ordinance. Orange, State of California; that the notice, of which the To obtain a copy of the full text of the ordinance, annexed is a true printed copy, has been published in please e Oof the City Clerk, (714) 765- 5166, betweencontact 8:0th0 AMffice and 500 PM, Monday through each regular and entire issue of said newspaper and not in Friday. There is no charge for the copy. any supplement thereof on the following dates, to wit: Published Anaheim Bulletin Oct.15,2020 00103550 139804/LM 10/15/2020 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 Anaheim, Orange County, California, on Date: October 15, 2020. Signature r.LP1-12/15116 1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I. THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6498 and was published in the Anaheim Bulletin on the 15th day of October, 2020, pursuant to Section 512 of the City Charter of the City of Anaheim. t. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)