5920ORDINANCE NO. 5920
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE IN ITS
ENTIRETY (ZONING CODE).
WHEREAS, the Zoning Code was originally adopted in 1929 and has been updated
a number of times over the years; and
WHEREAS, pursuant to Section 18.03.020 "Amendments -General" of the Anaheim
Municipal Code, provisions of Title 18 may be amended whenever the public necessity and
convenience and the general welfare require, when adopted by an ordinance of the City Council in
the manner prescribed by law; and
WHEREAS, the Anaheim City Council did direct preparation of a comprehensive
new Zoning Code for the City of Anaheim, which will apply citywide; and
WHEREAS, the Planning Commission makes recommendations to the City Council
regarding Zoning Code Amendments; and
WHEREAS, the City's Planning Consultant, City Staff and the City Attorney's Office
have prepared proposed amendments to Title 18 of the Anaheim Municipal Code designated as
Zoning Code Amendment No. 2004-00029 (the "Zoning Code Amendment"); and
WHEREAS, the Zoning Code Amendment includes proposed amendments to
Specific Plans, primarily to clarify and renumber provisions, which amendments are consistent with
the goals and policies of the Anaheim General Plan, as the Planning Commission has recommended
that it be approved, and with the purposes, standards and land use guidelines therein; and
WHEREAS, the Zoning Code Amendment amends Title 18 "Zoning" ofthe Anaheim
Municipal Code, in its entirety; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 19, 2004 at 1:30 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of state law, to hear and
consider evidence for and against the Zoning Code Amendment and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, the Planning Commission, having reviewed and considered the Proposed
Zoning Code Amendment, has determined that the public necessity and convenience and the general
welfare require its adoption, in that the proposed Zoning Code Amendment:
1. Implements the Land Use Element of the Anaheim General Plan, as the Planning
Commission has recommended that it be adopted in connection with General Plan
Amendment No. 2004-00419,
2. Facilitates the use and ease of finding land use and development information in the
Zoning Code,
3. Updates the permitted land uses and standards to reflect the many development
factors and design trends which have changed over time, and
4. Assures that the Zoning Code complies with recent state statutes and other applicable
laws.
WHEREAS, the Planning Commission, having independently reviewed and
considered the evidence presented in the Staff Report to the Planning Commission dated April 19,
2004, including the oral and written evidence presented at the Planning Commission public hearing,
recommend that the City Council approve the Zoning Code Amendment; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act
("CEQA"), on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004-94, certified
Final Environmental Impact Report No. 330, adopting Findings of Fact and Statement of Overriding
Considerations, Mitigation Monitoring Program No. 122 for General Plan Amendment No.
2004-00419, the amended monitoring program described as Mitigation Monitoring Program No.
112 for The Platinum Triangle, and the amended monitoring program described as Mitigation
Monitoring Program No. 85a for The Anaheim Resort; determined that said Final Environmental
Impact Report No. 320 fully complies with CEQA, reflects the independent judgment of the City
Council, and is adequate to serve as the environmental documentation for (i) General Plan
Amendment No. 2004-00419, (ii) Zoning Code Amendment No. 2004-00029, (iii) Reclassification
No. 2004-00117, (iv) Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2, (v)
Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and (vii) future discretionary
actions described in Environmental Impact Report No. 330.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
CFCT1C)N 1
That, in accordance with Section 513 of the Charter of the City of Anaheim, the
document identified as Title 18 of the Anaheim Municipal Code (Zoning Code) dated May 25, 2004,
on file in the Office of the City clerk as of this date and which is incorporated herein by this
reference (hereinafter the "New Zoning Code"), be, and the same is hereby, adopted, amending the
existing Zoning Code in its entirety.
SECTION 2.
That not less than three (3) copies of said New Zoning Code as hereby adopted were
filed for use and examination by the public in the Office of the City Clerk prior to the adoption
2
thereof as required by Section 513 of the Charter of the City of Anaheim. The City Clerk is hereby
directed to certify not less than three copies of said Zoning Code as hereby adopted and to maintain
said Zoning Code on file in the City Clerk's Office for use and examination by the public. The City
Clerk is further authorized and directed to insert and make revisions to said Zoning Code to reflect
such amendments thereto as are hereinafter approved by ordinance of the City Council.
,,F.C`.T10N I
Development and use of property pursuant to the New Zoning Code shall be subject
to compliance with all applicable mitigation measures included in Mitigation Monitoring Program
No. 122, amended Mitigation Monitoring Program No. 106 and amended Mitigation Monitoring
Program 00085a, in conformance with the requirements of Section 21081.6 of the California Public
Resources Code.
SFC~TION 4
The City Zoning Map shall be, and the same is hereby, amended and the property
therein shall be excluded from the zone in which it is now situated and incorporated in and made a
part of the zone or zones as set forth in Section 18.90. 100 of the New Zoning Code, and said City
Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to
prepare a City Zoning map showing the changes hereby approved and adopted.
SECTION 5. EXEMPTIONS
Nothing contained in this ordinance shall apply to certain projects submitted to the
City prior to the effective date of this ordinance, which may continue to completion subject to
existing development standards in effect on July 7, 2004, if they satisfy one of the following:
a. Any project that received a valid building permit as of 5 p.m. on the day before the
effective date of this ordinance, shall be permitted provided that construction shall have commenced
and shall be completed within a period of 365 days from the date the building permit was issued,
unless said time period is duly extended by the Building Official.
b. Nothing contained in this ordinance shall apply to any project that is in plan check
as of 5 p.m. on the day before the effective date of the ordinance. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the
date of the ordinance and construction shall have commenced and shall be completed within a period
of 365 days from the date the building permit is issued, unless said time period is duly extended by
the Building Official.
C. Nothing contained in this ordinance shall apply to any project that has obtained any
zoning entitlement (Administrative Adjustment, Conditional Use Permit, Tentative Parcel Map,
Tentative Tract Map, Variance, etc.) that has been approved by the Planning Commission, City
3
Council or Zoning Administrator as of 5 p.m. on the day before the effective date of the ordinance.
Said project shall be permitted provided that such project shall have commenced within the time
limitation specified in the Resolution adopted by the Planning Commission or the City Council, or
in the Decision if approved by the Zoning Administrator, unless said time period is duly extended
by the approval authority; and if a building permit is required, construction shall have commenced
and shall be completed within a period of 365 days from the date the building permit is issued, unless
said time period is duly extended by the Building Official. Previously -approved, entitlements which
expire after the effective date of the ordinance and are not granted an extension of time by the
approval authority shall be subject to the new Zoning Code.
d. Nothing contained in this ordinance shall apply to any project that has submitted any
zoning entitlement (Administrative Adjustment, Conditional Use Permit, Tentative Parcel Map,
Tentative Tract Map, Variance, etc.) to the Planning Department and is deemed complete by staff
as of 5 p.m. on the day before the effective date of the ordinance. Said project shall be permitted
provided that the proposal is approved or conditionally approved by the Planning Commission, City
Council or Zoning Administrator; and that such project shall have commenced within the time
limitation specified in the Resolution adopted by the Planning Commission or the City Council, or
in the Decision if approved by the Zoning Administrator, unless said time period is duly extended
by the approval authority; and if a building permit is required, construction shall have commenced
and shall be completed within a period of 365 days from the date the building permit is issued, unless
said time period is duly extended by the Building Official.
SECTION 6. 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 7 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 8. 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. Except as otherwise expressly
11
provided, 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 was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 25`h day of May, 2004, and thereafter passed and adopted
at a regular meeting of said City Council held on the 8" day of June, 2004, by the following roll call
vote:
AYES: MAYOR/COUNCILMEMBERS: Pringle, Tait, Hernandez, Chavez, McCracken
NOES: MAYOR/COUNCILMEMBERS: None
ABSENT: MAYOR/COUNCILMEMBERS: None
ABSTAIN: MAYOR/COUNCILMEMBERS: None
CITY OF EIM
By
MAY OF THE C OF NAHEIM
ATTEST:
SIC-flu,GL
CI1Y CLERI 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 oi' 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 17, 2004
"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
Date: June 17, 2004
(� Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
This space is for thCr&Qt�cfetk's Fal ng fi mp
u,
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
uRDiNANCE. NO. 592E
x
AN :X:DAANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE IN ITS ENTIRETY (ZONING CODE!
WHEREAS. the Zoning Code was originally adopted in 1929 and has been updated a number of times over the years: and
WHEREAS, pursuant to Section 18.03.020 "Amendments -General" of the Anaheim Municipal Code, provisions of Title 16 may be amended wheneve
the public necessity and convenience and the general welfare require, when adopted by an ordinance of the City Council in the manner prescribed by
law; and
and WHEREAS, the Anaheim City Council did direct preparation of a comprehensive new Zoning Code for the City of Anaheim, which will appty citywide;
WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zoning Code Amendments; and
WHEREAS, the City's Planning Consultant, City Staff and the City Attorney's Office have prepared proposed amendments to Title 18 of the Anaheim
Municipal Code designated as Zoning.Code Amendment No. 2004-00029 (the "Zoning Code Amendment"); and
WHEREAS, the Zoning Code Amendment includes proposed aendments to Specific Plans, primarily to clarify and renumber provisions, which
amendments are consistent with the goals and policies of the Anaheim General Plan, as the Planning Commission has recommended that it be ap-
proved, and with the purposes, standards and land use guidelines therein; and
WHEREAS, the Zoning Code Amendment amends Trite 18 "Zoning" of the Anaheim Municipal Code, in its entirety; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 19, 2004 at 1:30 p.m., notice of
said public hearing having been duly given as required by law and in accordance with the provisions of state law, to hear and consider evidence for and
against the Zoning Code Amendment and Wrivestigate and make findiAgs ark recommendations in connection therewith; and
WHEREAS, the Planning Commission, having reviewed and considered the Proposed Zoning Code Amendment, has determined that the public ne-
cessity and convenience and the general welfare require Its adoption, in that the proposed Zoning Code Amendment:
1. Implements the Land Use Element of the Anaheim General Plan, as the Planning Commission has recommended that it be adopted in connection
with General Plan Amendment No. 200400419,
2. Facilitates the use and one of finding land use and development information in the Zoning Code,
3. Updates the permitted land uses and standards to reflect the many development factors and design trends which have changed over time, and
4. Assures that the Zoning Code complies with recent state statutes and other applicable laws.
WHEREAS, the Planning Commission, having independently reviewed and considered the evidence presented in the Staff Report to the Planning
Commission dated April 19, 2004, Includkg to oral and written evidence presented at the Planning Commission public tearing, recommend that the
City Council approve the Zoning Code Amendment; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"1, an May 25, 2004, the Anaheim
lution No. 200494, certified Final Environment t Impact Report No. 330, adopting Findings d Fad and Statement of Overridk
tion Monitoring Program No. 122 for General Plan Amendment No. 2004.00418, the amended rnwftrinp program described
Program No. 142 for The Platinum Triangle and the amended monitorstg pproroggrnaamm described as Monitoring Program
Resort; determined that said Fired Envktrtmentat Impact Report IN 320 fuliy'compi� with CE(iX the
cil, and is uMe to serve as the envirorunwttal documarditidn for (4 Gets" Plan Amendment No. 2004.00411 19, s Zoon
2004.0002!, (1111 Recleesificsyon No. 200"W17, (Iv) Amendment No. 5 to the MNsim Resort �ft Plan No. 92-2, (v; Amen
east Area Specific Plan No. 24-1, and (Ni) future discretionary actions described in Environmental Impact Report No. 330.
NOW, THEREFORE, THE CIN COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:
MOTION I.
That, In accordance with Section 513 of the Charter of the City of Anaheim, the document identified as Tide 18 of the Anaheim Municipal Code
SZoning Code) dated May 25, 2004, on fib In the Office of the City Clerk as of this date and which is incorporated herein by this reference (hereinafter the
New Zoning Code"), be, and the same is hereby, adopted, amending the existing Zoning Code in its
!NOTION S.
That not Was then three (3) copies of said New Zoning Code as hooni adopted were filed for use and examination by the public in the Office of the
City Clerk prior to the adoption thereof as required by Section 513 of the Charter of the City of Anaheim. The City Clerk is hereby directed to certify not
less than three copies of said Zordrtttgg Cods as hereby adopted and to maintain said Zoning Code on Me In the City Clerk's_ OMoe for use and examination
by the public. The City Clark is tunlfner auarorized and directed to insert and make revisions to said Zoning Code to reflect such amendments thereto as
are hereinafter approved by ordinance of the City Council.
MOTION 9.
Development and use of property pursuant to the Now Zoning Code shall be subject to compliance with all applicable mitlwdlon measures included
in Mitigation Monitoring Program No. 122 amended Mitigation Monitoring Program No. 106 and amended Mitigation Monitoring Program 00085a, in con-
formance with the requsrarrernte of Section 21081,6 of the California Public Resources Code,
SECTION 4.
The City Zoning Map shelf be, and the same Is hereby, amended and the property therein shall be excluded from the zone in which it is now situated
and incorporated in and made a part d the zone or zones as 9M forth in Section 18.90.100 of the New Zoning Code, and said City Zoning Map, as
amended, is hereby adopted and Us Planning Depantrrient is hereby directed to prepare a City Zoning map showing the changes hereby approved and
adopted.
SECTION S" EXEMPTIONS
Nothing contained in this ordinance WwA apply to certainpn acts submitted to the City prior to the effective date of this ordinance, which may continli
-
ue to corn on subject to existing development standards in e�ect on July 7, 2004, if they satisfy ars of the following:
a. Any project that received a valid bulkingpermit as of 5 p.m. on the day before the MtecUw dots of this ordinance, X11 be permitted provided
that construction shall have dommernced and Nsq be completed within a period of 365 days from qs date the building pemlft was issued, unless said
time period is duty extended by the Building Officlal.
b. Notting contained in this ordinance shah apply to an project that is in plan check as of 5 p.m" on the day before the effective date of the ordi-
nance. Such project shall be permitted provided that a valid ant
permit shall have been obtained within a period of 180 days from to date of the or-
dinance and construction slsR have corrsnenoold and shall be completed within a period of 385 days from the date the bullkfihg permit is issued, unless
said time period is duly extended by -the Building Official.
c. Nothing contained in this ordinance atoll apply to any project that has obtained any zones entitiement.(AdministrMfve Ad custment, Conditional
Use Permit, Tentative Parcel Map, Tentative Tragi Map, Variance, etc.) that has been appreived by is Plannkw Commission. CIN Council or Zm9m Ad-
r.,...corr-
in to lime tfndhllorn epeckfed h Eta Reeolutfon adopted by the Planning ommisolon m the Ctir Council, or in the cislon 'd approved by
dmtniMrMm, untass Bald trts parkd is duly extended by tlne approval authority; and M a buNdirg permit is regyirod, construction shell have
and shell be completed wNgin a penlod ot 385 days from the date the building pass a iced, antes said firs period is duly extended by
Jfficial. Prevbusfy-approved eehEMnenta which expire after the effective date of thei ordicsnce end are root t>rardrd en extension of the by
authority shaq be subject to lit rsaivZoning Code.
d. Nothing contained in this ordinance shell to any project that has submitted any zonkg entitlement (Administrallive Adjustment, Conditional
Use Permit, Tentative Pargil Map Tentative Tract #Asp Variance, etc.) to the Planting D and is deemed-eomptate as of 5 p.m. on the
day before the eftective deli of iiia ordlrjiYtCa. Slid prp�t shall be permited provideda et 11111110 trpposal ra approved a. efroved byy the
Planes Cahxnseforr, City C?ourndR o► ZoMnp Adrtdrnkfrator; end that suds project shat have oonransrhesd within the time Wrnt6itlon s rn the Reso-
Iy exterdad t�s� OoR+rrdaaion «the Cfty CouncN, or in the Decision it approved byte Zoning Administrator, antes said time period is du-
365 da s from She dtM buN; t a building permit is required, corstruc0on ansa hos cartanenced end ahaN los completed witlnin a period of
y dig pemdt a issued, unless avid time period is duly extended by the Building Official.
SECTION R BEVE
The City Council of tts Anaheim hereby declares that should any section, pa raph, sentence or word of this ordinance of the Code, hereby
adopted, be declared for ay reason to be invalid, it Is the intent of the Council that it wori have passed all otherporton of tis ordinance independent
of the etlnrktdion hirsfrom d any such portae as may be declared invalid.
SEOIION 7 SAVINGS CLAUSE
NMlhert o adoption of this ordnance no'
the repeal of any other ordinance of this City shaft In any manner affect the prosecution for violation of or-
dinances, *Jch tsar oammiNsd prim to the affectre date hereof, nor be construed se a W. of any license or penalty, or the penal provi-
sion a ppNoibM to Owed. The provisions of this ordinance, insofar as they aro aubstsrfk4y the sane as ordinance provisions previous)
adopted by l» Ckyp�(q ID1hhe owns subject maker, shill be construed as restatements and corttrarations, and not as row enactments. y
It unW*d far pwpon, firm or corporation to violate any provision or to fail to r�y with any d is of this ordnance. Ex-
cept as elrefrriss satlrateMy eel Parson, firm or corporation violetrhS provision dceltfs orntrnannce m falling with erny ot its require
rents atrsl.bebydaaritW of a ntls_snsCwr and conviction tit Wei be purdd*d by a tin not eraaOkig one Thousand Dollars
doda not far each Ddu any or by both s ch � � Each such qm or, corporation "I be
asci a pile d by:Vah nim m� Wr�P bine anY rblst°n pro�ioe of tl at�kwres is committed, contin-
oorpoMfon, and punishable therabr as prwldsd for In this ordinance.
THE FOAEGOING was Introduced at a regular meeting of the City Council of the City ot Anatslrh tnekd on tit 25th day of May, 2004,
and thinilNr Passed roll at a rigader meeting of sold City Council held on the Oke day of Jure, 2004, by the fdavoing roll cell vote:
FVC NCl Prrinsgle, Taft, Hernandez, Chavez, McCracken
1YOR/OOII Nora
CITY OF1J41YEIM
By MAYOR OF THE CITY OF ANAHEIM
OF THE CITY OF ANAHEIM f ,
osis iU_4Q'n :June 1T 2004 25-632 623aV �"r