Resolution-PC 2007-14~` ~
RESOLUTION NO. PC2007-14
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DENYING AMENDMENT NO. 8'TO THE ANAHEIM RESORT `
SPECIFIC PLAN NO. 92-2
WHEREAS, the City Council of the City of Anaheim 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 developmenf 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 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 Na b599 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 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 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on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26,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 PVan 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 ResorC 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. 5910 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
Cr\PC2007-14 t PC2007-14
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WhitKtAS, On Juf1e tf, ZUU4 tne l:l[y c:ouncn aaoptea ~ramance Ivo. ~y~~ arnenainy
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 No. 5453 relating to Amendment Na 6 to the Anaheim Resort SpecificPlan No. 92-
2, which amendment modified the Zoning and Dedelopment Standards pertaining to the 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 September 12, 2006 the City Council adopted Ordinance No. 6036
amending Ordinance No: 5453 relating to Amendment No. 7#o the Anaheim Resort Specific Plan No. 92-
2, which amendment modified the Zoning and Development Standardspertaining to the establishment of
an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential units in
conjunction with high-quality, luxury hotels within targeted areas; and
WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Gode, on
August 22, 2006 the City Council initiated General Plan Amendment No. 2006-00448 and Amendment
No: 8 to The Anaheim Resort Specific Plan No. 92-2 (the "Project Actions"); and
WHEREAS, the proposed Amendment No. 8 to the Anaheim Resort Specific Plan No.
92-2 relates to modifications to the Zoning and Development Standards pertaining to the ARR Overlay to
provide the opportunity to develop residential units, when such uses are developed on designated
- properties within the ARR Overlay; meet certain affordability requirements for the ARR Overlay; do not
result in infrastructure impacts greater than those associated with the subject property's hotel/motel
density, as aflowed by the property's underlying C-R District density designation, unless such impacts are
duly analyzed and mitigated pursuant to subsequent environmental review; and, processed as a Master
Planned Development; and
WHEREAS, the Anaheim Planning Commission did hold and conduct a public hearing at
the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 22, 2007, 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, to hear and consider evidence for and against said
proposed amendment and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning
Commission did hold and conduct such public hearing and did give all persons interested therein an
opportunity to be heard and did receive evidence and reports, and did consider the same; and
WHEREAS, the Anaheim Planning Commission does find, after careful consideration of
all evidence and reports submitted to said Commission, and all evidence and reports offered at said
public hearing, that all of the findings set forth in Section 18.72.060 of the Anaheim Municipal Code
required for the recommendation for approval of said general plan amendment are not present for the
following reasons:
1. That the proposed specific plan amendment is inconsistent with the goals and policies of
the General Plan, and with the purposes, standards and land use guidelines therein because:
(a) The Commercial Recreation land use designation applies to The Anaheim Resort
area.
(b) The Commercial Recreation land use designation is intended to provide for tourist
and entertainment-related industries, such as theme parks, hotels, tourist-oriented retail, movie theaters,
and other visitor-serving facilities.
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(c) The proposed modifications to Table LU-4 and the Commercial Recreation land use
designation description are inconsistent with: Goal 4.1 of #he Land Use Element of the General Plan to
promote development that integrates with and minimizes impacts to surrounding land uses.
2. That the proposed specific plan amendment would result in development of undesirable
character that will be incompatible with existing and proposed development in the surrounding
neighborhood because:
(a) The Anaheim Resort area is a family-oriented tourist destination and encourages
facilities catering to tourist and convention-related events. This specific plan zone is intended to provide
for and encourage the development of integrated facilities in attractive settings for retail businesses
directly related to entertaining, lodging and supplying services to tourists and visitors.
(b) This specific plan zone is further intended to preserve locally recognized values of
community appearance; to safeguard and enhance property values in the Anaheim Resort Specific Plan
Zone; to protect public investment in, and the character of, public thoroughfares, and, to aid in the
attraction of tourists and other visitors important to'the economy of the city.
WHEREAS, the proposed Amendment Na 8 to the Anaheim Resort Specific Plan
No.92-2 Zoning and Development Standards are' identified in the attached draft ordinance and
incorporated herein.
CALIFORNIA ENVIRONMENTAL QUAUTY 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 Previously-Certified Mitigated Negative
Declaration, including the addendum prepared to further analyze this land use, 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; determine that the Previously-Certified Mitigated Negative Declaration with
addendum and Updated and Modified Mitigation Monitoring Program No. 0085b are adequate to serve as
the required environmental documentation for the proposed Project Actions, including Amendment No. 8
to the Anaheim Resort Specific Plan No. 92-2, 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 deny Amendment No. 8 to the Anaheim Resort Specific Plan
No. 92-2 to revise the Anaheim Resort 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
January 22, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedu nd may be replaced by a
City Council Resolution in the event of an appeaL
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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SEIVIOR SECRETARY, ANAHEIM PLANNING COMMISSION
3
STATE OF CAUFORNIA ) ,
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 January 22, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES,
ABSTAINED: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2007.
: .~~'~~s-- ~Y~2~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION .
• D~FT • Attachment A
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF :
ANAHEIM APPROVING SPECIFIC PLAN AMENDMENT NO.
8 TO THE ANAHEIM RESORT SPECIFIC PLAN N0. 92-2,
AMENDING ORDINANCE NO. 5453, AS PREVIOU5LY
AlVIENDED, 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 Couneil 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 andDevelopment
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
Ghapter 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 P1an Area; and "
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WHEREAS, on May l, 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. 5910
amending Ordinance No. 5453 relating to Adjustment No. 4 to the AnaheimResort 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 Na 4) to the Anaheim Resort Specific Plan Na 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 Na 5954
amending Ordinance No. 5453 relating to Amendment Na 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 with a
relocated service station and prohibition of tow truck operations in conjunction with service
station facilities; and
WHEREAS, on September 12, 2006 the City Council adopted Ordinance No.
6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the Anaheim Resort
Specific Plan No. 92-2, which amendment modified 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 conjunction with high-quality, luxury hotels within
targeted areas; and
WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal
Code, on August 22, 2006 the City Council initiated General Plan Amendment No. 2006-00448
and Amendment No. 8 to The Anaheim Resort Specific P1an No. 92-2; and
WHEREAS, the proposed Amendment No. 8 relates to modifications to the
Zoning and Development Standards pertaining to the Anaheim Resort Residential (ARR)
Overlay Zone to provide the ability to develop residential units on designated properties within
the ARR Overlay when such development meets the affordability requirements of the ARR
Overlay; does not result in infrastructure impacts greater than those associated with the subject
property's 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; and, is processed as a Master Planned Development; and
WHEREAS, on January 22, 2007, the Anaheim City Planning Commission
considered the proposed Amendment No. 8 and recommended to the City Council that it adopt
an ordinance incorporating said proposed amendment; and
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NOW, THEREFORE, THE CITI' 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 MUNICIPAL CODEAS FOLLOWS:
SECTION 1.
That' Section .125 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code
be amended to read as follows:
18.116.125 ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY
.010 Purpose. The purpose of the ARR Overlay is to provide the opportunity to
develop residential units (i) in conjunction with high-quality, luxury hotels (Hotel Residences);
or (ii) on properties designated for Affordable Housing Opportunities for Very Low and
Low-Income Families (Affordable Housing).
.020 Approval - Hotel Residences. Projects that are developed according to the
standards of the ARR Overlay as Hotel'Residences 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.
.025 Approval - Affordable Housing. Projects that are developed according to
the standards of the ARR Overlay as Affordable Housing shall be a permitted use subject
to and processed as a Master Planned Development under subsection 18.116.040.060
(Master Planned Developments) and shall not require a conditional use permit.
.030 Location. The residential overlay boundaries are identified on Attachment A to
Ordinance 6036 adopted on September 12, 2006 (Amendment No. 7 to The Anaheim Resort
Specific Plan No. 92-2) 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 may include any of the
uses permitted or conditionally permitted in the underlying C-R District and shall include
either:
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.0601 Hotel Residences. Development shall include a minimum three hundred
(300) room full-service hotel that complies with California Civil Code Section 1940(b)(2) and
may include •
', residential uses as accessory to the hotel. ,
.0602 Affordable Housing. Residential development shall meet the
following requirements:
.Ol Development shall be located on a site designated for
Affordable Housing Opportunities for Very Low and Low-Income Families, as shown on
AttachmentA to `Ordinance No. adopted on , 2007 (Amendment No. 8).
.02 Fifteen percent (15%) of the units shall be affordable multi-
family rental units for very low and low-income households as defined below.
(a) Twenty percent (20%) of the affordable rental units shall
have rents that are affordable to very low income families whose incomes are at 50% or
less of the annually-published HUD area median income.
; (b) Eighty percent (80%) of the affordable rental units shall
have rents that are affordable to low income families whose incomes are at 60%0 or less of
the of the annually-published HUD area median income.
(c) The above affordability requirements shall be met
regardless of the availability of any subsidies. The term "subsidy" does not include (a) the
obtaining of tax credits pursuant to Section 42 of the Internal Revenue Code, for any
affordable housing project, (b) the provision of bond financing pursuant to California or
federal law, or (c) any monies made available from any source, whether governmental or
private, so long as such monies do not require the expenditure of City funds or -
Redevelopment Agency monies.
.03 Development shall not result in infrastructure impacts greater
than those associated with the subject property's permitted hoteUmotel density, as allowed
by the underlying C-R District density designation, unless such impacts are duly analyzed
and mitigated pursuant to subsequent environmental review.
.04 The maximum number of dwelling units allowed for
residential development shall be equal to the maximum number of hotel rooms allowed by
the property's underlying C-R District density designation.
.070 Development Standaxds. All development standards established for the C-R
District shall be applicable to the ARR Overlay. "~r~~~n ~:.r~-~~ ~'-'-~ -"~~
Affordable ~Iousing development proposals shall meet the requirements of a Master
Planned Development ander subsection 18.116.040.060 (Master Planned Developments).
Hotel Residences shall meet the following requirements:
.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.
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.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
hotel/motel 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 expense and provided as part of the final 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 Floor 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
MINIMUMFLOOR 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 nuxnber of residential units
One-bedroom 700 square feet
units:
Two-bedroom 825 square feet
units:
Three-bedroom 1,000 square feet
units:
More than three- 1,000 squaxe feet plus 200 square feet for each bedroom
bedroom units: over three
.0708 Minimum Landscape and Recreational-Leisure Areas. In addition to the
minimum landscape and open space required by Section 18.116:070:120.1207, recreational-
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- leisure area shall be provided equal to a minimum of ten (10) percent of the total area of the site.
This recreational-leisure area may be provided in private areas, common areas, ar a combination
of both.
.O1 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.
Areas counted toward meeting this requirement may be located inside ar outside the building,
subject to the approval of the Planning Director.
.02 Private Recreational-Leisure Areas. In order for private patios and
balconies to count toward the Recreational-Leisure Area requirement, they shall not be less than
thirty (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 rnoving
plazas shall be located near entries andlor 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, in close
proximity to the dwelling unit, or in close proximity 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.
.071~ 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:
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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 here` from 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 day of , 2007, and
thereafter passed and adopted at a regular meeting of said City Council held on the day of
, 2007, 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 ANAHBIM
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ATTTACHMENT A
PROPERTIES DESIGNATED FOR AFFORDABLE HOUSING OPPORTiJNITIES
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Key to Features ~--T-- ; -- ~
~~~~;; Subject Properties ~-----~---~
~'_"'i ~ ~ ,-.~ ;- ~";
L_~ The Anaheim Resort Boundary ~ ~ ; ~ I
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APN: 137-321-14, 85
PARCEL A1
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIl' 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MA.P RECORDED IN BOOK 51,
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF OR~ANGE COUNTY,
CALIFORNIA, AND THAT PORTION OF THE NORTHWEST QUARTER OF SAID
SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, AND THAT PORTION OF LOTS
15 AND 23 OF TRACT N0. 498, AS SHOWN ON A MAP RECORDED IN BOOK 19, PAGE
24 OF SAID MISCELLANEOUS MAPS,:DESCRIBED AS FOLLOWS:
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BEGINNING AT A POINT ON THE NORTHERLY LINE OF LOT 16 OF SAID TRACT NO.
498, DISTANT NORT~I 89° 55' 31" WEST 84.38 FEET FROM THE NORTHEAST CORNER
THEROF; THENCE SOUTH 42° 00' 00" EAST 127.06 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 48° 00' 00" EAST 139.61 FEET TO THE
SOUTHWESTERLY LINE OF THE LAND DESCR~BED 1N A DEED Tp THE STATE OF
CALIFORNIA FILED APRIL 9, 1952 AS DOCUMENT NO. 25258, IN THE OFFICE OF THE
REGISTRAR OF TITLES OF SAID ORANGE COUNTY; THENCE SOUTH 42° 00' 00"
EAST39.31 FEET ALONG SAID SOUTHWE5TERLY L1NE TQ THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 9970.00
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTR.AL
ANGLE OF 0° 07' 08" AN ARC DISTANCE OF 20.69 FEET TO THE MOST NORTHERLY
CORNER OF THE LAND DESCRIBED IN DEED TO JOHN C. ADAMS, ET AL.,
RECORDED AUGUST 6, 1959 IN BOOK 4830, PAGE 104 OF OFFICIAL RECORDS OF
SAID OR;ANGE COLJNTY; THENCE SOUTH 49° 09' 45" WEST 169.11 FEET ALONG THE
NORTHWESTERLY LINE OF SAID LAND OF JOHN C. ADAMS TO THE WESTERLY
L1NE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION26; THENCE NORTH O1° 18' 30" WEST TO THE SOUTHWEST CORNER OF
SAID LOT 23; THENCE NORTH 89° 55' 31" WEST ALONG THE SOUTHERLY L1NE OF
SAID LOTS 15 AND 23 TO THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN
COURSE SHOWN IN THE DEED TO CHARLES B. FR,ANK, ET AL., RECORDED
FEBRUARY 28, 1966 IN BOOK 7853, PAGE 515 OF SAID OFFICIAL RECORDS, AS
"SOUTH 47° 55' S1" WEST 33.$1 FEET"; THENCE NORTH 47° 55' S1" EAST 33.81 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL NO. 200465-1 OF
THE DEED TO STATE OF CALIFORNIA RECORDED FEBRUARY 27, 1997 AS
INSTRLJMENT NO. 19970090106 OF SAID OFFICIAL RECORDS.
APN: 137-321-40
PAR.CEL A2
LOT 16 OF TRACT NO. 498, AS PER MAP RECORDED IN BOOK 19, PAGE 24 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
EXCEPTING THEREFROM THE EAST 200 FEET OF LOT 16 OF TRACT NO. 498,
BERGER HALF-ACRES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 19,
PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY,
CALIFORNIA.
APN: 137-321-37
PAR.CEL B 1
LOT 15 OF TRACT NO. 498, AS SHOWN ON A MAP RECORDED IN BOOK 19, PAGE 24
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THE EAST 200.00 FEET THEREOF.
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•
APN: 137-321-62
~
PARCEL B2
THAT PORTION OF LOTS 15 AND 16 OF TR.ACT NO. 498, AS SHOWN ON A MAP
RECOI~DED IN BOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 16, DISTANT NORTH
89° 59' 40" WEST 84.38 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE
ALONG SAID NORTH LINE, NORTH 89° 59' 40" WEST 115.67 FEET; THENCE SOUTH 1°
10' 15" EAST 117.00 FEET TO THE SOUTH LINE OF SAID LOT 15; THENCE ALONG
SAID SOUTH LINE, SOUTH 89° 59' 40" EAST 115.67 FEET; THENCENORTH 1° 19' 15"
WEST 117.00 FEET TO THE POINT OF BEGINNING.
APN: 137-321-61
PARCEL B3
THAT PORTION OF LOTS 15 AND 16 OF TRACT NO 498, AS SHOWN ON A MAP
RECORDED IN BOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORAS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 16, SAID POINT
BEING NORTH 89° 59' 40" WEST 84.38 FEET, MEASURED ALONG SAID NORTHERLY
LINE FROM THE NORTHEASTCORNER OF SAID LOT 16; THENCE SOUTH 42° 04' 09"
EAST 127.06 FEET; THENCE SOUTH 47° 55' S1" WEST 33.81 FEET TO A PO1NT IN THE
SOUTHERLY LINE OF SAID LOT 15; THENCE NORTH 89° 59' 40" WEST ALONG SAID
SOUTHERLY LINE OF LOT 15 A DISTANCE OF 57.37 FEET TO A LINE THAT IS
PARALLEL WITH THE EASTERLY LINE OF SAID LOTS 15 AND 16 AND PASSES
THROUGH THE POINT OF BEGINNING; THENCE NORTH 1° 19' 15" WEST ALONG
SAID PARALLEL LINE 117.00 FEET TO THE POINT OF BEGINNING.
APN: 137-321-94
PARCEL C
PARCEL 1 OF LOT LINE ADJUSTMENT "LLA-0000595", RECORDED SEPTEMBER 26,
2005 AS INSTRLJMENT 2005000757756, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM THE ABOVE DESCRIBED PARCELS A1, B1, B2, B3, AND C,
THE MOBILE HOME(S) LOCATED THEREON.
PARCEL C 1
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26, TOWNSHIl' 4 SOUTH, RANGE 10 WEST, RANCHO SAN
14
. .
NAN CAJON DE SANTA ANA AS PER MAP FILED IN BOOK S 1, PAGE 10 OF
MISCELLANEOUS 1VIAPS, RECORDS OF ORANGE COUNTY LYING WESTERLY OF
THE WESTERLY LINE AND ITS NORTHERLY PROLONGATION OF TRACT N0. 498,
PER MAP FILED IN BOOK 19, PAGE 24 OF MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEFT THOSE PORTIONS LYING WITHIN PARCELS l AND 2 OF LOT LINE
ADJUSTNIENT NO. 0000595 RECORDED SEPTEMBER 26, 2005 AS INSTRUMENT NO.
2005-000757756.
ALSO EXCEPT THAT PORTION OF KATELLA AVENUE, 72 FEET WIDE LYING
BETWEEN THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID TRACT
NO. 498 AND THE NORTHERLY PROLONGATION OF THE EAST LINE OF PARCEL 2
OF LOT LINE ADNSTMENT N0.000595 RECORDED SEPTEMBER 26, 2005 AS
INSTRUMENT NO. 2005-00757756.
ALSO EXCEPT THAT PORTION OF HASTER STREET, 45 FEET WIDE AND VARIABLE
WIDTH, LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE SOUTH
LINE OF PARCEL 2 OF LOT LINE ADNSTMENT NO. 0000595 RECORDED
SEPTEMBER 26, 2005 AS INSTRUMENT NO. 2005-000757756.
ALSO EXCEPT THOSE PORTIONS OF LAND DESCRIBED AS EXHIBITS "A-1", "A-2",
"A-3" AND "A-4" OF THE FINAL ORDER OF CONDEMANTION IN CASE NO. 784656 OF
THE SUPERIOR COURT FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE
CENTER, FILED MARCH 30, 1999 AND REC~RDED MARCH 7, 1999 AS INSTRUMENT
NO. 1999-0254025.
APN: 137-321-95
PARCEL D
THAT PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL
NO. 200321-1 (ALSO DESCRIBED AS PARCEL 1 AS SHOWN ON A MAP FILED IN
BOOK 48, PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY), AS DESCRIBED IN THAT CERTAIN GRANT DEED TO THE
STATE OF CALIFORI~TIA, RECORDED APRIL 10, 1996 AS INSTRUMENT NO.
19960175445 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, STATE OF CALIFORNIA, LYING SOUTHERLY AND
SOUTHWESTERLY OF COURSES NUMBERED (1) AND (2) OF THE LINE DESCRIBED
IN THAT CERTAIN GRANT DEED TO THE STATE OF CALIFORNIA, RECORDED
FEBRUARY 9, 1998 AS INSTRiTMENT NO. 19980071396 OF OFFICIAL RECORDS OF
SAID COUNTY.
APN: 137-321-52
LOTS 13 AND 14 OF TRACT NO. 498, BERGER HALF-ACRES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 19, PAGE 24 OF MISGELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
- ts
~ •
EXCEPTING THEREFROM THE SOUTH 50 FEET OF LOT 14.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE WESTERLY I29.17 FEET OF
SAID LOT 14, LYING NORTH OF THE NORTH LINE OF THE SOUTH 50.00 FEET OF
SAID LOT 14.
APN: 137-321-48
THE SOUTH 50.00 FEET OF LOT 14 OF TR,ACT NO. 498, AS SHOWN ON MAP
RECORDED INBOOK 19, PAGE 24 OF MISCELLANEOUS MAPS, RECORAS OF
OR.ANGE COUNTY, CALIFORNIA:
EXCEPTING THEREFROM THE WEST 129 FEET 2 INCHES.
16