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Resolution-PC 2006-55~ ~ RESOLUTION NO. PC2006=55 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION : RECOMMENDING TO THE CITY COUNCIL ADOPTION'OF SPECIFIC ' PLAN AMENDMENT NO: 7 TO THE ANAHEIM RESORT SPECIFIC PLAN N0. 92-2, AMENDING ZONING AND DEVELOPMENT STANDARDS SE7 FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, the City Council of the City ofAnaheim adopted the Anaheim Resort Specific Plan No. 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, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipaf Code, the City of Anaheim Planning Director initiated General Plan`Amendment No. 2006-00442 and Amendment No. 7 to The Anaheim Resort Specific Plan No. 92-2 (the "Project Actions"); and WHEREAS, in connection with the adoption of Specific Plan No. 92-2, the City Council certified Environmental Impact Report No. 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 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automobile service station, was denied by the Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26, 1999 City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No.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 Specifiic 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 pa~king requirements; and Cr\PC2006-55 t , PC2006-55 . ~ WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance Na 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 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, on February 8, 2005 the City Council adopted Ordinance No. 5954 amending Ordinance Na 5453 relating to Amendment No. 6 to the Anaheim Resort Specific Plan No. 92- Z, which amendment modified the Zoning and Development Standards pertaining to the esta6lishment 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 #acilities; and WHEREAS, the proposed Specific Plan Amendment No. 7 to the Anaheim Resort Specific Plan No: 92-2 relates to modifications to the Zoning and Development Standards pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay'to provide the opportunity to develop residential units in conjunctionwith high-quality, luxury hotets within targeted areas; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 12, 2006, at 2:30 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 Anaheim Resort Specific Plan No. 92-2, Amendment Na 7 to establish an overlay to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels is proposed for targeted areas that have site characteristics that are enhanced by special land use and development standards. 2. That the proposed Specific Plan Amendment is consistent with the goals, objectives and policies of the Anaheim General Plan, including the standards and tand use guide{ines provided therein; and, that it would encourage development of quality, full-service hotels which complement convention, family entertainment and recreation in the community and enhance the City's position as a nationally recognized tourist center; and 3. That the proposed Specific Plan Amendment would result in development of a desirable character by permitting land uses which are compatible with both the existing and proposed development in the surrounding neighborhood; and, that future development pursuant to the ARR{Anaheim Resort Residential) Overlay would be enhanced by the special land use and development standards set forth in the Anaheim Resort Specific Plan No. 92-2 Zone; and 4. That the proposed Specific Plan Amendment contributes to a balance of land uses throughout the City by introducing residential uses at the periphery of The Anaheim Resort and assisting with the City's balance of jobs and housing, while continuing to ensure that high-quality full-service hotels are developed in keeping with the character of The Anaheim Resort; and 5. That the proposed Specific Plan Amendment respects environmental, aesthetic and historic resources consistent with economic realities in that the ARR (Anaheim Resort Residential) Overlay provides zoning and development standards for the integration of residential Units within high- quality full-service hotels, that are subject to the design guidelines of the Anaheim Resort Speci~c Plan - 2 ~ ~ No. 92=2 and:appiicable mitigation measures contained within Mitigation MonitoringProgram No. 0085b associated with The Anaheim Resort Specific Plan No. 92-2 Amendment No. 7- Anaheim Resort Residential Overlay Initial Study/Mitigated Negative beclaration and incorporated herein; and 6. That a person spoke with questions pertaining to the request, and a person spoke in opposition to an unrelated matter; and that a person spoke and a letter.was received expressing concerns regarding the request. That 2 people spoke in favor of the request. WHEREAS, the proposed Amendment No. 7 to the`Anaheim Resort Specific Plan Na 92-2 Zoning and Development Standards are identified in the attached draft ordinance and incorporated herein. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Anaheim Planning Commission has reviewed the Proposed Project Actions, and by motion did find and determine and recommend that the City Council find and determine that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, that the change from visitor-serving uses to residential ` uses will not create an additional impact in and of itself, and that the project, as mitigated, will `not have a significant effect on the environment; approve the Mitigated Negative Declaration and adopt Updated and Modified Mitigation Monitoring Program No: 0085b; and determine that the Mitigated Negative Declaration and Updated and Modified Mitigation Monitoring Program No. 0085b'are adequate to serye as the required environmental documentation for the proposed Project Actions, including the General Plan . Amendment, and satisfy all of the requirements of CEQA. 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 No. 7 to the Anaheim Resort Specific Plan No. 92-2 to revise the Anaheim Resorf Specific Plan No. 92-2 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 RESOLUTION was adopted at the Planning Commission meeting of ' June 12, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may replaced by a City Council Resolution in the event of an appeal. - CHAIRMAN, AHEIM PLANNING COMMISSION ATTEST: . ./~~--~-~-y~..-~- SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 3 • i : STATE OF CALIFORNIA ) . : ' COUNTY OF ORANGE } ss., CITY OF ANAHEIM ) : I, Eleanor Morris, 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 held on June 12, 2006,' by the following vote of the members thereof: : AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT:COMMISSIONERS: NONE IN WITNESS WHEREOF, l have hereunto set my hand this ~'~ day of , 2006. ~ .~~~/~-^~+~'~^--- " SENIOR SECRETARY, ANAHEIM FLANNING COMMISSION ~ ~ [DRAFT] Attachment A REVISED NNE 12, 2006 Revisions are indicated with underline. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN AMENDMENT NO. 7 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 - 18.116 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 Na 5599 amending Ordinance No. 5454 relating to the Anaheim Resort Specific P1an 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 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 Na 92-2 Zone; and WHEREAS, on September 21, 1999, the City Council adopted Ordinance Na 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 P1an 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 Na 5910 amending Ordinance No. 5453 xelating 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 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 P1an No. 92-2 Zone; and WHEREAS, on February 8, 2005 the City Council adopted Ordinance No. 5954 ' amending Ordinance No. 5453 relating to Amendment No. 6 to the Anaheim Resort Specific Plan No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of mini-market/convenience markets as accessory uses in conjunction witfi a relocated service station and prohibition of tow truck operations in conjunction with service station facilities; and WHEREAS, the proposed amendment relates to modifications to the Zoning and Development Standards pertaining to the esta.blishment of an ARR (Anaheim Resort Residential) Overlay to provide the opporhanity to develop residential units in conjunction with high-quality, luxury hotels within targeted areas; and WHEREAS, on June 12, 2006 the Anaheim City Planning Commission considered the proposed Amendment No. 7 and recommended to the City Council that it adopt an ordinance 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 ZONING AND DEVELOPMENT STANDARDS IN ~ CHAPTER 18.116 OF THE ANAHEIM MLJNICIPAL CODE AS FOLLOWS: SECTION 1. That Section .050 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.116.050 DEVELOPMENT AREAS. ~ ~ The Specific Plan area encompasses two land use districts and ~ two Overlay Zones as set forth below: .010 Commercial Recreation (G-R) District - Identified as Development Area 1 on Exhibit ' 3.3.1 a of the Specific Plan document entitled "Development Plan". ' Development density areas for this district are set forth in Section 18.116:060 (Development Density Areas - C-R District). Development regulations for this district are set forth in Sections 18.116.070 ([Jses - C-R District) ~.020 Public Recreation (PR) District - Identified as Development Area 2 ori Exhibit 3.3.1 a of the Specific Plan document entitled "Development Plan." Development Regulations for this district are set forth in Section 18.116.110 (Land Use and Site Development Standards - Public Recreation (PR) District (Development Area 2). ' .030 Mobilehome Park (MHP) Overlay .- MHP Overlay boundaries are identified on Exhibit 3.3.2a of the Specific Plan Document entitled "Mobilehome Park (MHP) Overlay Zone." Development Regulations far the MHP Overlay are set forth in Section 18.116.120 (Mobilehome Park' (MHP) Overlay). - .040 Anaheim Resort Residential (ARR) Overlay - ARR Overlay<boundaries are identified in Section 18.116.095.030. Development regulations for the ARR Overlay are set forth in Section 18.I16.095 (Anaheim Resort Residential (ARR) Overlay). SECTION 2. . That Section .OS of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be added, and the same is hereby, amended to read as follows: 18.116.095 ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY .010 Purpose. The purpose of the ARR Overlay is to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels. A20 Approval. Projects that are developed according to the standards of the ARR Overlay require approval of a final site plan and a conditional use permit as provided for in Section 18.116.040 and may require a development agreement as determined by the ' Planning Director and processed according to the procedures set forth in Resolution No. ' 82R-565 (Procedures Resolution) adopted by the City of Anaheim pursuant to Section 65865 of the Development Agreement statute. .030 Location. The residential overlay boundaries are identified on Attachment A to Ordinance adopted on , 2006 (Amendment No. 7) and include those areas within the C-R District located east of Anaheim Boulevard/Haster Street and those areas within the C-R District located south of Wilken Way. .040 Option to Use Underlying Zone. The provisions of this section shall not apply to parcels that have been ; or are proposed to be developed entirely pursuant to the underlying C-R District, provided that all requirements of the'underlying District are met ~ ~ by the project except as specifically approved otherwise by variance or: other official action by the City. ' .050 Residential Zone. The ARR Overlay shall not, be considered :a residential " zone, where such designation requires properties that develop adjacent to'residential zones to meet additional setback and height restrictions. .060 Uses. Projects developed pursuant to the ARR 'Overlay shall include a minimum three hundred (300) room`full-service hotel that complies with California Civil Code Section 1940(b)(2); and may include 'any of the uses permitted or 'conditionally permitted in the underlying C-R District. In addition, projects may include residential uses as accessory to the hoteL ' .070 Development Standards. All development standards established for the C-R District shall be applicable to the ARR Overlay. Additional requirements are as follows: .0701 New Construction. The Residential Overlay _shall apply to new construction only and not to projects that are renovations or remodels. The conversion of existing hotels rooms to dwelling units is prohibited. .0702 Integration of Uses. All residential units shall be physically integrated into a hotel development as defined in Section 18.116.095.060. .0703 Maximum Number of Residential Units. The project's total number of residential units shall not exceed the proposed development's total number of hotel rooms. .0704 Location of Residential Units. Adjacent to the public right-of-way, ' residential units shall be located at least two floors or twenty-five (25) feet above ground- leveL .0705 Infrastructure and Service Impacts. The proposed development shall not result in infrastructure impacts greater than those associated with the subject property's permitted hoteUmotel density, as allowed by the property's underlying C R District density designation, unless such impacts are duly analyzed and mitigated pursuant to subsequent environmental review. Such impacts shall be determined through a sewer and traffic impact analysis to be submitted to the City Engineer. Additional infrastructure studies may be required as determined by the Planning Director. .0706 Parking. Due to variations in parking demand and the needs of each project, vehicle parking requirements, the demand for drop-off and pick-up locations and the design of the parking areas, including ingress and egress, shall be determined as part of the final site plan review based upon information contained in a parking demand study prepared by an independent traffic engineer, as approved by the City of Anaheim. The parking demand study shall be prepared at the property owner/developer's egpense and provided as part of the fmal site plan application. Parking spaces specifically designated for non-residential and residential uses shall be marked by the use of posting, pavement , markings, and/or physical separation. Parking design shall incorporate separate entrances and exits or a designated lane for residents.' ~ • .0707 F1oor Area. The minimum floor area for residential units is shown in Table 116-J (Minimum Floor Area: Anaheim Resort Residential (ARR) Overlay Zone). For purposes of this section, a"bedroom" is a private habitable room planned or used for sleeping, separated from other rooms by a door or a similar partition. Further, all rooms (other than a living - room, family room, dining room, bathroom, hall, lobby, closet, or ' pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a "bedroom." Table 20 A ' MINIMUM FLOOR AREA: ANAHEIMRESORT RESIDENTIAL (ARR) OVERLAYZONE : Minimum Floor Area Studio units: 600 square feet. The number of studio units'shall not exceed 20% of the _ . total number of residential units One-bedroom units: '700 square feet ' Two-bedroom units: 825 square feet : Three-bedroom units: 1,000 square feet More than three- 1,000 square feet plus 200 square feet for each bedroom over three bedroom units: .0708 Minimum Landscape and Recreational-Leisure Areas. In addition to the minimum landscape and open space required by Section 18.116.070.120.1207, ~e ~ recreational-leisure area shall be provided epual to a minimum of ten (101 percent of the total area of the site. This recreational-leisure area may be provided in private areas, common areas, or a combination of both. .Ol Common Recreational-Leisure Areas. All common recreational-leisure areas shall be conveniently located and readily accessible from all residential units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational-leisure areas shall not include any required setback areas, any driveways or parking areas, trash pickup or storage areas or utility areas. f~Areas counted toward meetin~ this,requirement mav be located inside or outside the building, subiect to the aqnroval of the Plannin~ Director. ; 0;~~~6i~are$ ne~eu~9~ =ei$iiiz icree~-s~i.,~~ura n-i~:i-a i ~ r ,.~.,.,..a~ : +.,..,,..~ +,. • + i a ~ ~,..,n* ~ ~G'/'"~iV'iTi'L'1"ilTCi.TPIii~.TlITTI~i~'i~I7T'VTGCi'VTGII~Cll7~GC[~VII"iC~=G1{"7t . 1'Yf'~ . . . . . . ~ • .02 Private Recreational-Leisure Areas. In order for private patios and balconies to count toward the Recreational-Leisure Area requirement, they s~a~l~e~ , ^~~-shall not be less than thirty=five (35) square feet in area, with a minimum dimension of five (5) feet. ' .0709 Loading Areas. Residential uses shall have one (1) off-street loading space or moving plaza for every one ~hundred and fifty '(150) units. Loading spaces or moving plazas shall be located near entries and/or elevators and shall be incorporated into the design of vehicular access areas. Decorative paving, removable bollards and potted plants are permitted and encouraged to enhance loading spaces or moving plazas. .0710 Private Storage Facilities. General storage cabinets with a' minimum size of one hundred (100) cubic feet capacity shall be required for each residential unit. Provision of said storage areas shall be in addition to the minimum floor area of the unit. Storage areas may be located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio, e~-in close proximity to the dwelling unit, or in close nroximitv to an elevator. .0711 Security. Residential units shall be designed to ensure the security of residents through the provision of secured access points/lobbies, entrances and exits that are separate from the non-residential uses and are directly accessible to residential parking ' areas. .0712 Restriction on Activities. Commercial uses shall be designed and operated, and hours of operation limited, so that residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. No' use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m. .0713 Vibrations and Odors. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units or recreational-leisure areas on the site. .0714 Lighting. Outdoor lighting associated with commercial uses shall not adversely impact residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash, or oscillate. .0715 Windows. Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other or hotel rooms, the windows shall be designed and/or oriented to maximize privacy. • • 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 ofordinances, 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 day of ,, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the - day of , 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ~i--~ ~ Anaheim Resort Residential Overlay Site A ~ Site B ~ ~ The Anaheim ResortT"" Boundary ~ The Anaheim Resort Specific Plan Boundary