Resolution-PC 2004-134! !
RESOLUTION NO. PC2004-134
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCfL ADOPTION OF SPECIFIC
PLAN AMENDMENT NO: 6 TOTHE ANAHEIM RESORT SPECIFIC
' PLAN NO. 92-2, AMENDING ZONING AND DEVELOPMENT _
STANDARDS SET FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE: :
WHEREAS; the City Councii of the City of Anaheim adopted the Anaheim Resort Specific
Plan Na 92-2 on September 27, 1994, to provide a long range, comprehensive plan for future
development of approximately 549-acres within the Anaheim Resort. The Specific Plan includes zoning
and development standards, design guidelines and a public facilities plan, and permits the development '
of hotel/motel, convention, retail and other visitor-serving uses, and .
WHEREAS, in connection with the adoption of Specific Pian No. 92-2, the City Council '
certified Environmental Impact Report Na 313, with a Statement of Findings and Facts and a Statement
of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; 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 Na 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 Na 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's~andards to add "Coffee House" as a conditionally permitted
accessory use in conjunction with an automobil'e 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on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26,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 Na` 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
W HEREAS, 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, on April 26, 2004, the City Council adopted Ordinance No. amending
Ordinance Na 5453 relating to Adjustment Na 4 to the Anaheim Resort Specific Plan Na 82-2, which
adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim
Municipal Code relating to office uses in a legal non-conforming building; and '
Cr\PC2004-134 ' ,-1- PC2004-134'
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WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5922 amending
Ordinance No. 5453 relating to Amendment No. 5(which also incorporates Amendment No. 4) 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 27=acres into the Anaheim Resort
Specific Plan No. 92-2 Zone; and
WHEREAS, the amended Specific Plan relates to modifications to the Zoning and
Development Standards pertaining to' the establishment of mini-market/convenience markets as
accessory uses in con}unction with a relocated service station and prohibition of tow truck operations in
conjunction with service station facilities; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic
Center in #he City of Anaheim on November 15, 2004, at 2:Q0 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter'18.60, to hear and consider evidence for and against said proposed amendment and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Anaheim Planning Commission, after due consideration, inspection,
investigation and study made by itself and on its behalf, and after due consideration of all evidence and
reports offered at said hearing, does find and determine the following facts:
1. That the proposed Specific Plan Amendment No. 6 to allow convenience markets and the
retail sales of beer and wine in conJunction with a relocated service station facility as a use permitted by '
conditional use permit, provided the service station has been relocated from a location within the
boundary of the Specific Plan having frontage on Harbor Boulevard to a location not fronting on Harbor
Boulevard and prohibition of tow truck operations in conjunction with service station facilities is consistent
with the goals, objectives and policies of the Anaheim General Plan, including the standards and land use
guidelines provided therein; and, that it would encourage development of quality facilities which
complement convention, family entertainment and recreation in the community and enhance the City's
position as a nationally recognized tourist center; and
2. That the proposed amendment to the Specific Plan would result in development of a
desirable character by permitting land uses which are compatible with both the existing and proposed
deve{opment in the surrounding neighborhood; and, that future development of the property would be
enhanced by the special land use and development standards set forth in the Anaheim Resort Specific
Plan No. 92-2 Zone; and
3. That the proposed amendment to the Specific Plan respects environmental and aesthetic
resources consistent with economic realities in that the amendment area would be subject to the zoning
and development standards, design guidelines and applicable mitigation measures adopted in
conjunction with the Anaheim Resort Specific Plan No. 92-2 and incorporated herein; and
4. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject action.
WHEREAS, the proposed Amendment No. 6 to the Anaheim Resort Specific Plan
No. 92-2 Zoning and Development Standards are identified in the attached draft ordinance and
incorporated herein.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: The Anaheim Planning
Commission has reviewed the proposal and petitioner's submitted Environmental Information Form (a
copy of which is on file and available for public review in the Planning Department); and finds that the
proposed project's environmental effects are within the parameters, assumptions and time frames
analyzed in the previously-certified Environmental Impact Report Na 313 for the Anaheim Resort Specific
Plan. Furthermore, based upon a review of fhe requested reclassification and the supporting
documentation, staff fiinds that said requesf will not result in any new significant environmental impacts.
Staff has prepared Mitigation Monitoring Plan No. 067 for the proposed project incorporating those
mitigation measures included in the Anahe+m Resort Mitigation Monitoring,Program No. 0085 that are
applicable to the project (a copy of Mitigation Monitoring Plan Na 067. has been forwarded to #he
Petitioner and is on file and available for public review in the Planningbepartment).
NOW, THEREFORE, BE IT'RESOLVED that, pursuant to the above findings, the Anaheim Planning
Commission does hereby recommend that the City Council of the City of Anaheim approve Amendment
Na 6 to the Anaheim Resort Specific Plan No. 92-2 to:revise the Anaheim Resort Specific Plan No. 92-2
text, exhibits and Zoning and Development Standards as set forth in Attachment A to this Resolution,
which attachment is hereby incorporated herein as though set forth in fulL
THE FOREGOING RESOLU710N was adopted at the Planning Commission meefing of '
November 15, 2004. Said resolution is subject to the appeal provisi s set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appe ocedur s an ay be replaced by a
City Council Resolution in the event of an appeal.
IR , A AHEIM PLANNING COMMISSION
ATT T:
ENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
hefd on November 15, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of _
~,~oi~u.~~ , 2004.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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_ , ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING SPECIFIC PLAN AMENDMENT' NO.
6 TO THE ANAHEIM RESORT SPECIFIC PLAN NO: 92-2,
AMENDING ORDINANCE NO. 5453, 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 Na 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
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WHEREAS, on 1VIay 1, 2001, the City Council adopted Ordinance No. 5769
relating to Adjustment No. 3 to the Anaheim Resort Specific Plan Na 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, on April 26, 2004, the' City Council adopted Ordinance No.---
amending Ordinance No. 5453 relating to Adjustment No. 4 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 office uses in a legal non-conforming
building; and
WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5922
amending Ordinance Na 5453 relating to Amendment No. 5:(which also incorporates
Amendment No. 4) to the Anaheim Resort Specific P1an No. 92 2, which amendxnent revised the
legal description and boundaries of the Anaheim Resort Specific plan by reclassifying and
incorporating 27-acres into the Anaheim Resort Specific Plan No: 92-2 Zone; and' _
WHEREAS, 'the proposed amendment relates to modifications to tfie Zoning and
Development Standards pertaining to establishment of mini-market/convenience markets as
accessory uses in conjunction with a relocated service station and prohibition' of tow truck
operations in conjunction with service station facilities; and
WHEREAS, on November 15, 2004 the Anaheim City Planning Commission considered
. the proposed Amendment No. 6 and recommended to the City Council that it adopt an ardinance
incorporating said proposed amendment; and
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 ZONIlVG AND DEVELOPMENT STANDARDS IN
CHAPTER 18.116 OF THE ANAHEIM MUNICII'AL CODE AS FOLLOWS:
SECTION 1.
That subsection .0505 of Section 18.116.070.050 of Chapter 18.116 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 ResortTM 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 Chapter 18.66 (Conditional Use Permits).
.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,
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including hotel or motel rooms; and no closer than forty (40) feet from any property line.
Conditional use permits forthe keeping of aniinals and birds shall specify the maximum number
and type of animals and birds permitted. Any increase in the number andlor 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 carwashes in conjunction with service stations only.
.0504 Automobile rental agencies with on-site storage and/or display of rental
vehicles'not otherwise permitted by subparagraph 18.116.070.030.0302.02.
.0505 Automobile service stations, subject to the requirements of Chapter 18.38.070
(Automotive Service Stations) (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.
.O1 Conditionally Permitted Use. Convenience markets or mini-
markets with or without the sale of beer and wine for off-premises consumption may be
permitted in conjunction with a service station facility subject to the following
requirements.
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(a) Having a maximum floor area of 3,200 square feet,
provided that this use is only permitted in connection with the relocation of an existing
service station facility with frontage on Harbor Boulevard to another location in the
Anaheim Resort not adjacent to Harbor Boulevard, and further provided that:
Prior to issuance of a building permit for the relocated service
station, the property owner shall record a covenant on both the existing and the new
service station properties satisfactory to the Planning Department and the City Attorney's
Office that prior to final zoning and building inspections of the relocated service station,
the existing service station shall be closed, demolition of the existing service station ,
building, canopy and site improvements completed and removal of the underground
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storage tanks commenced in accordance with a permit issued by the Anaheim Fire
Department. The covenant shall furth~r provide that the site shall be screened by a chain
link fence with green scrim on the side oriented towards the public right-of-way and
adjacent properties while demolition and tank removal is in process and, that within a
period of sixty (60) days following the completion of demolition and tank removal activities,
the site shall be screened by a minimum 3-foot wide, 3-foot high landscape berm`or shrubs
adjacent to the public right-of-way. The site may be' additionally screened by a 6-foot high
chain link fence with green scrim oriented towards the public right-of: way located behind ,
the landscape berm or shrubs. ~
:02 Prohibited Uses. Under no circumstances shall the following uses be
permitted in conjunction with any service sfation facility:
(a) The sale of alcoholic beverages for on-premises or off- -
premises consumption except as allowed under subparagraph .0505(a) above.
(b) Convenience markets or mini-markets except as allowed
under subparagraph .0505(a) above.
(c) Rental andlor display of utility trailers or trucks. `
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:~~~E~i{a~-~e~e:
.0506 Automobile/vehicle parking lots or parking structures not otherwise permitted
by subsection 18116.070.030 (Permitted Accessory Uses and Structures).
.0507 Bowling alleys, including sale of alcoholic beverages`for on-prexnises
consumption.
.0508 Churches.
.0509 Emergency medical facilities.
.0510 Golf courses, including miniature golf courses. '
.0511 Hotels and motels, including suite-type hotels, located south of Orangewood
Avenue.
.0512 Improvements to legal nonconforming buildings or structures as identified in
paragraph 18.116.020.050.0505 (Non-Conforming Structures and Uses).
.0513 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, for property located south of Orangewood Avenue, within one hundred-
fifty (150) feet of any multi-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 (Mobilehome Paxk (MHP)
Overlay Zone.)
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.0514 Kitchens or kitchenettes in hotel or motel guest rooms or suites.
.0515 Massage establishments, integrated within a hotel or motel only, for which a'
permit is required pursuant to Chapter 4.29 (Baths, Sauna Baths, Massage Establishments and
Similar Businesses) of the Anaheim Municipal Code.
.0516 Museums:
.0517 Non-publicly operated convention centers"including exhibition halls and
auditoriums. ;
.0518 Office buildings when accessory to, and integrated as part of, an on-site
permitted primary or conditional use. ,
.0519 Outdoorrecreational playground areas in conjunction with permitted primary
uses and structures.
.0520 Radio and television studios, which may include accommodations for -
filming/taping in front of live audiences.
.0521 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.
.0522 Restaurants (with public entertainment pursuant to and as defined in Chapter>
18.92 (Definitions), walk-up only or fast food only).
.0523 Signs as provided for in paragraph 18.116.130.060.0602 (Conditionally
Permitted Signs).
.0524 Skating rinks.
.0525 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:
.O1 Plazas and/or other pedestrian-oriented amenities shall be part of the
center's design as set forth in the Design Plan.
.02 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 stares, 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 consumptiori; sale of alcoholic
beverages far on-premises consumption; entertainment facilities; and amusement arcades,
subject to the provisions of Chapter 4.14 (Amusement Devices). A complete listing of proposed
uses shall be submitted with every conditional use permit application.
,0526 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, for
a
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property located south of Orangewood Avenue, within one hundred fifty (150) feet of any multi-
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, (Mobilehome Park (MHP) Overlay Zone) exceeding a height equal
to one=half (1/Z) the distance from said building or structure to said zone or overlay boundary. ,
Dedicated streets shall be included in calculating distance.
.0527 Theaters, including dinner, legitimate or motion picture theaters, performance
theaters or clubs, and indoor or outdoor amphitheaters.
.0528 Transportation facility, as defined in paragraph 18.116:030:070 ('T' Words,
Terms and Phrases) of this chapter; helistops, as defined in Chapter18.92 (Definitions)
(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.
,
.0529 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.
.0530 Vacation ownership resorts subject to compliance with the requirements of
Section 18116.120 (Requirements for Vacation Ownership Resorts).
.0531 Outdoor Food and/or Beverage Carts, in conjunction with a hotel and subject
to the following conditions:
.O1 The design of the cart shall be compatible with the architectural design
and/or theme of the hotel.
.02 The cart shall not be permitted to encroach into any required setback
areas.
.03 One (1) non-illuminated business identification sign, not exceeding
four (4) square feet in area with a maximum letter and/or logo height of 10-inches, may be '
displayed on or below the valance of the roof canopy.
.04 One (1) menu pricing sign, not to exceed 12-inches in width by 18-
inches in height, may be displayed on the cart below the roof canopy.
.OS One (1) trash receptacle shall be provided adjacent to the cart. The
trash receptacle shall be decorative and designed to complement the design of the cart. The trash
receptacle and the area around the cart shall be permanently maintained and kept clean by the
cart operator.
.06 The precise size, number and location of carts shall be determinedby
conditional use permit, provided that the cart(s) shall not be visible from the public right-of-way.
.07 All equipment, products and/or supplies shall be stored wholly on or _
inside the cart at all times.
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.08 When not in use, all carts shall be stored in an on-site commissary
approved by,the Orange County Health Department and specifically shown on plans submitted in
connection with a conditional use permit: Such commissary shall be fully enclosed and shall not
be visible from any public right-of-way or adjacent properties.
.09 The cart operatar shall obtain al1 applicable State`and/or local licenses
and/or permits and shall prominently display such current and valid licenses and/or permits on
the cart at all times.
.0532 :Public Dance Hall as defined in Chapter 4.16 of the Anaheim Municipal Code
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
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 priox to the effective date thereof; nor be c,onstrued 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 day of , 2004, and
thereafter passed and adopted at a regular meeting of said City Council held on the day of
, 2004, by the following roll call vote:
AYES:
NOES:
ABSENT: