5910ORDINANCE NO. 5914
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO.
4 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2,
AMENDING ORDINANCE NO. 54531 AS PREVIOUSLY
AMENDED, AND AMENDING ZONING AND
DEVELOPMENT STANDARDS SET FORTH IN CHAPTER
18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE.
WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim
Municipal Code, on September 27, 1994, the City Council of the City of Anaheim adopted
Ordinance No. 5454 amending the zoning map to reclassify certain real property described
therein into the Anaheim Resort Specific Plan No. 92-2 zone subject to certain conditions as
specified therein, and Ordinance No. 5453 relating to establishment of Zoning and Development
Standards for the Anaheim Resort Specific Plan No. 92-2 by the addition of Chapter 18.48 to
said Code; and
WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599
amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No. 92-2,
Amendment No. 1, which amendment revised the legal description and boundaries of the
Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67 -acre parcel into the
Anaheim Resort Specific Plan No. 92-2 Zone; and
WHEREAS, Amendment No. 2 to the Anaheim Resort Specific Plan No. 92-2, a
request to amend the zoning and development standards to add "Coffee House" as a conditionally
permitted accessory use in conjunction with an automobile service station, was denied by the
Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the
applicant at the January 26, 1999 City Council meeting; and
WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685
amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan
No. 92-2, which adjustment amended the Zoning and Development Standards set forth in
Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard
requirements to reflect the local street status of Convention Way; and
WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964
amending Ordinance Nos. 5453 relating to Amendment No. 3 to the Anaheim Resort Specific
Plan No. 92-2, which amendment revised the legal description and boundaries of the Anaheim
Resort Specific Plan by reclassifying and incorporating a 0.73 -acre parcel into the Anaheim
Resort Specific Plan No. 92-2 Zone; and
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No.
5703 relating to Adjustment No. 2 to the Anaheim Resort Specific Plan No. 92-2, which
adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the
Anaheim Municipal Code relating to the minimum landscape setback requirement for properties
adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the
Anaheim Resort Specific Plan Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769
relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which adjustment
amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim
Municipal Code relating to temporary parking requirements; and
WHEREAS, the proposed adjustment relates to modifications to the Zoning and
Development Standards to allow office uses in legal nonconforming buildings subject to the
approval of a conditional use permit ("Adjustment No. 4"); and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, the City Council, in Resolution No. 94R-234, did find that FEIR No. 313 with the Statement
of Findings and Facts and Statement of Overriding Considerations and the corresponding
Mitigation Monitoring Program No. 0085 (collectively "FEIR No. 313"), addressed the
environmental impacts and mitigation measures associated with (i) General Plan Amendment
No. 333 pertaining to the Land Use, Circulation and Environmental Resource and Management
Elements of the General Plan; (ii) The Anaheim Resort Specific Plan No. 92-2 (including Zoning
and Development Standards, a Design Plan and Guidelines, and a Public Facilities Plan); (iii) the
Anaheim Resort Identity Program; (iv) the Anaheim Resort Public Realm Landscape Program;
(v) the Anaheim Resort Nonconforming Signage Program and (vi) future discretionary actions
described in Draft Environmental Impact Report No. 313; and
WHEREAS, on August 30, 1999, the Planning Commission determined that no
substantial changes had occurred with respect to the circumstances under which Master EIR No.
313 was certified, and that there was no new available material information which was not
known and could not have been known at the time Master EIR No. 313 was certified, thereby
validating Master EIR No. 313 and the associated Mitigation Monitoring Program No. 0085 for
continued use as the environmental documentation required by CEQA for projects within the
Anaheim Resort Specific Plan Area; and
WHEREAS, based upon review of the proposed Specific Plan Adjustment and the
Initial Study prepared for said adjustment, the Planning Commission at its April 5, 2004,
regularly scheduled meeting, determined that previously -certified EIR No. 313 and Anaheim
Resort Specific Plan Mitigation Monitoring Program No. 0085 for the Anaheim Resort Specific
Plan are adequate to serve as the required environmental documentation for the subject Specific
Plan Adjustment, in that discretionary approval of any office use need to be in conformance with
the parameters, assumptions and analysis provided in EIR No. 313 (i.e., density, traffic) and
would need to comply with any applicable mitigation measures set forth in Mitigation
Monitoring Program No. 0085, or be subject to further environmental review; and
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(a) Facade improvements, interior building improvements and improvements
interior to or at the rear of a developmentibuilding complex may be made
to legal nonconforming buildings or structures subject to the approval of
the Planning Director provided the improvements do not exceed five
percent (5%) of the building floor area, are in substantial conformance
with the building envelope, do not adversely impact any adjacent parcels
and are in conformance with the design plan and this chapter. If the
Planning Director determines that adverse impacts may occur from the
improvements, if the improvements would add any additional square
footage beyond five percent (5%) of the building floor area, or if the
improvements are not in substantial conformance with the building
envelope, the improvement plans shall require a conditional use permit
subject to the provisions of Section 18.03.030 of the Anaheim Municipal
Code. Notwithstanding the foregoing, the Planning Director may refer any
of the above -noted improvement plans to the Planning Commission for
consideration as a conditional use permit.
(b) Expansion of nonconforming uses and/or structures which bring the use
and/or building into greater conformity with the intent of the Specific Plan
may be permitted subject to the approval of a conditional use permit in
accordance with the provisions of Section 18.03.030 of the Anaheim
Municipal Code.
(c) Office uses set forth in subsections 18.41.020.010, 18.41.020.020,
18.41.020.030 and 18.41.020.040 of this Code may be permitted in a legal
nonconforming building subject to the approval of a conditional use
permit in accordance with the provisions of Section 18.03.030 of the
Anaheim Municipal Code."
SECTION 2.
That subsection .050 of Section 18.48.070 of Chapter 18.48 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".050 Conditional Uses and Structures. Due to the uniqueness of the Anaheim Resort area as a
tourist and visitor center and the associated concerns of the circulation and traffic system
and other infrastructure impacts and land use compatibility, the following buildings,
structures and uses shall be permitted provided a conditional use permit is approved
therefore pursuant to, and subject to, the conditions and required showings of Section
18.03.030 entitled "CONDITIONAL USE PERMITS (C.U.P.'s) - GENERAL" of this
code. Proposed plans for related signage shall be submitted with each conditional use
permit application and shall be subject to approval by conditional use permit.
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WHEREAS, the Anaheim City Planning Commission on April 5, 2004 considered
and approved the proposed Adjustment No. 4 and recommended to the City Council that it adopt
an ordinance incorporating said proposed adjustment; and
WHEREAS, based upon the evidence presented, incorporating the findings and
recommendations of the Planning Commission, and pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council finds and determines that
previously -certified EIR No. 313 and Anaheim Resort Specific Plan Mitigation Monitoring
Program No. 0085 for the Anaheim Resort Specific Plan are adequate to serve as the required
environmental documentation for the subject Specific Plan Adjustment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN THAT ORDINANCE NO. 5453 BE, AND THE SAME IS HEREBY,
AMENDED TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN CHAPTER
18.48 OF THE ANAHEIM MUNICIPAL CODE AS FOLLOWS:
SECTION 1 _
That subsection .050 of Section 18.48.020 of Chapter 18.48 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".050 Nonconforming Structures and Uses.
.0501 The provisions of Section 18.02.058 entitled "NONCONFORMING
STRUCTURES AND USES -GENERAL" of the Anaheim Municipal Code, shall
apply to this zone except as stated herein.
0502 The provisions of paragraph 18.48.130.020.0207 entitled "LEGAL
NON -CONFORMING SIGNS -GENERAL" of this chapter shall apply to
nonconforming signs.
0503 The site development standards in subsection 18.48.070.120 entitled
"LANDSCAPING" in this chapter shall apply to all landscaping hereinafter
installed or modified and to all landscape on any lot or parcel containing a
building hereinafter structurally modified to an extent exceeding forty-five percent
(45%) of the gross floor area of said existing building within any two-year period.
0504 The site development standards in this chapter shall apply to the structural
expansion portion of every building hereinafter expanded.
.0505 The Anaheim Resort Specific Plan encourages the enhancement of all buildings
and structures within the specific plan boundaries, including legal nonconforming
buildings and structures, in accordance with the following procedures:
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.0501 Amusement parks, theme -type complexes, aviaries, zoos. Such uses may include
the keeping of animals or birds used in the operation of the facility, provided that
such animals or birds shall be maintained in physical confinement sufficient to
prohibit the movement of said animals or birds upon any real property not owned
or under the lawful possession or control of the person or entity owning or
controlling said animals or birds. Further, no animals or birds shall be confined
closer than forty (40) feet from any building used for human habitation, including
hotel or motel rooms, and no closer than forty (40) feet from any property line.
Conditional use permits for the keeping of animals and birds shall specify the
maximum number and type of animals and birds permitted. Any increase in the
number and/or variations in the type of animals and birds kept shall require either
an amendment to said conditional use permit or a new conditional use permit.
.0502 Art galleries.
.0503 Automobile car washes in conjunction with service stations only.
.0504 Automobile rental agencies with on-site storage and/or display of rental cars
whether or not in conjunction with a hotel or motel.
.0505 Automobile service stations, subject to the requirements of Chapter 18.87, entitled
"ZONING CODE -CRITERIA AND DEVELOPMENT STANDARDS FOR
SERVICE STATIONS," of this code (except as certain associated uses are
conditionally permitted or prohibited in this subsection), provided that site
development shall be governed by the provisions of this chapter and the Design
Plan. As a condition of granting any conditional use permit for an automobile
service station, the property owner shall record an unsubordinated covenant against
the property agreeing to remove all structures, including underground tanks, in the
event that the station is closed for a period of twelve (12) consecutive months or
longer. A service station shall be considered closed during any month in which it is
open for less than fifteen (15) days.
(a) Conditionally Permitted Uses. Tow truck operations may be permitted in
conjunction with a service station facility subject to the following
requirements:
(1) A maximum of one (1) tow truck shall be permitted.
(2) When on-site, the tow truck shall be screened from view of the
public right-of-way at all times.
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(3) All vehicles towed to the site shall be stored indoors in a service
bay. Under no circumstances shall outdoor storage of the towed
vehicles be permitted.
(4) No additional signage advertising tow truck operations shall be
permitted.
(b) Prohibited Uses. Under no circumstances shall the following uses be
permitted in conjunction with any service station facility:
(1) The sale of alcoholic beverages for on- premises or off -premises
consumption.
(2) Convenience markets or mini -markets.
(3) Rental and/or display of utility trailers or trucks.
(4) Tow truck operations not in compliance with subparagraph .0505(a)
above.
.0506 Automobile/vehicle parking lots or parking structures not otherwise permitted by
paragraph 18.48.070.030 entitled "PERMITTED ACCESSORY USES AND
STRUCTURES" of this chapter.
.0507 Bowling alleys, including sale of alcoholic beverages for on -premises
consumption.
.0508 Churches.
.0509 Emergency medical facilities.
.0510 Golf courses, including miniature golf courses.
.0511 Improvements to legal nonconforming buildings or structures and office uses in a
legal nonconforming building as identified in paragraph .050 of subsection
18.48.020.050 entitled "NON -CONFORMING STRUCTURES AND USES."
.0512 Interior setbacks less than two (2) times the height of any proposed building or
structure when such building or structure is within one hundred fifty (150) feet of
any single-family residential zone boundary (other than property under a resolution
of intent to any commercial zone) or property within the Specific Plan area
encompassed by the MHP Overlay as shown on Exhibit 3.3.2a entitled
"Mobilehome Park (MHP) Overlay Zone."
D
.0513 Kitchens or kitchenettes in hotel or motel rooms.
.0514 Massage establishments, integrated within a hotel or motel only, for which a permit
is required pursuant to Chapter 4.29 entitled "BATHS, SAUNA BATHS,
MASSAGE ESTABLISHMENTS AND SIMILAR BUSINESSES" of this code.
.0515 Museums.
0516 Non -publicly operated convention centers including exhibition halls and
auditoriums.
0517 Office buildings when accessory to, and integrated as part of, an on-site permitted
primary or conditional use.
0518 Outdoor recreational playground areas in conjunction with permitted primary uses
and structures.
0519 Radio and television studios, which may include accommodations for
filming/taping in front of live audiences.
.0520 Recreational vehicle and campsite parks limited to use for short-term visits, not to
exceed thirty (30) days in any calendar year, by tourists and visitors.
0521 Restaurants (semi -enclosed, walk-up or fast food only), except as permitted as an
accessory use pursuant to subsection 18.48.070.030 entitled "PERMITTED
ACCESSORY USES AND STRUCTURES" of this chapter.
0522 Signs as provided for in paragraph 18.48.130.060.0602 entitled
"CONDITIONALLY PERMITTED SIGNS" of this chapter.
.0523 Skating rinks.
0524 Specialty retail centers in which all goods and services are oriented, marketed and
intended for tourist, visitor and/or recreational consumers and not oriented to the
general public. Such centers shall consist of a minimum of five (5) acres, have
integrated management, and shall have a "festive theme" orientation, and:
(a) Plazas and/or other pedestrian -oriented amenities shall be part of the
center's design as set forth in the Design Plan.
(b) Land uses may include, but need not be limited to: custom print and art
shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo
supply shops; clothing stores; confectionery shops, including candy stores,
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ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on -premises
sale or consumption; floral shops; luggage and accessory shops; jewelry
stores; sale of beer and wine for off -premises consumption; sale of
alcoholic beverages for on -premises consumption; entertainment facilities;
and amusement arcades, subject to the provisions of Chapter 4.14 entitled
"AMUSEMENT DEVICES" of this code. A complete listing of proposed
uses shall be submitted with every conditional use permit application.
.0525 Structures within one hundred fifty (150) feet of any single-family residential zone
boundary (other than property under a resolution of intent to any commercial zone)
or property within the Specific Plan area encompassed by the MHP Overlay as
shown on Exhibit 3.3.2a, entitled "Mobilehome Park (MHP) Overlay Zone,"
exceeding a height equal to one-half (1/2) the distance from said building or
structure to said zone or overlay boundary. Dedicated streets shall be included in
calculating distance.
0526 Theaters, including dinner, legitimate or motion picture theaters, performance
theaters or clubs, and indoor or outdoor amphitheaters.
.0527 Transportation facility, as defined in paragraph 18.48.030.070.0702 entitled " 'T'
WORDS, TERMS AND PHRASES" of this chapter; helistops, as defined in
Section 18.01.090 entitled " ' H' WORDS, TERMS AND PHRASES" of this code
(excluding heliports); provided that any such station or helistop shall be located a
minimum of one thousand (1,000) feet from any residentially zoned property.
0528 Uses or activities not listed, nor specifically prohibited, in this chapter which are
determined by the Planning Commission to be consistent and compatible with the
intended purpose of the Specific Plan.
.0529 Vacation ownership resorts subject to compliance with the requirements of Section
18.48.120 entitled "REQUIREMENTS FOR VACATION OWNERSHIP
RESORTS" of this chapter."
SECTION 3. PENALTY.
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim declares that should any section,
paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be
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invalid, it is the intent of the Council this 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 5. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or amendment 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 thereof, nor be construed as a waiver
of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The
provisions of the 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.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 20thday of April , 2004, and thereafter passed
and adopted at a regular meeting of said City Council held on the 27th day of April 2004,
by the following roll call vote:
AYES: Mayor Pringle, Council Members, Chavez, Hernandez, McCracken.
NOES: N/A
ABSENT: Council Member, Tait
ABSTAIN: N/A
ATTW:
ITY CLE K OF THE CITY OF ANAHEIM
53687.2\smann
E
CITY OF AHEIM
By
MAYOR OF THE Y ANAHEIM