5934ORDINANCE NO. 5934
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 1
TO THE DOWNTOWN ANAHEIM - EAST CENTER STREET
DEVELOPMENT SPECIFIC PLAN NO. 90-2.
WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal
Code [subsequently renumbered as Chapter 18.72], the City Council of the City of Anaheim adopted
the Downtown Anaheim - East Center Street Specific Plan No. 90-2 and did establish zoning and
development standards therefor by the addition of Chapter 18.75 [subsequently renumbered as
Chapter 18.110] to said Code; and
WHEREAS, in connection with adoption of Specific Plan No. 90-2 (The Downtown
Anaheim - East Center Street Development Specific Plan) City Council certified EIR No. 189 and
adopted the corresponding Mitigation Monitoring Program (Attachment A of Resolution No.
90R-289: and
WHEREAS, the City Council desires to amend the zoning development standards for the
Downtown Anaheim - East Center Street Specific Plan No. 90-2 in the manner hereinafter set forth
(the "project"): and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act
("CEQA"), the City Council has determined that the project is categorically exempt from the CEQA
under CEQA guidelines Section 15061 (b) (3), which provides that where it can be seen in certainty
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY
ORDAINS AS FOLLOWS:
SECTION 1.
That subsection .020 of Section 18.1 l 0.040 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby amended to read as follows:
".020 Parcel 4d - Mixed Uses Consisting Of Attached Multiple -Family Housing and
Commercial/Retail Uses. Except as otherwise specified herein, the standards of the RM -4 Multiple
-Family Residential Zone in Chapter 18.06 (Multiple -Family Residential Zones) and the Criteria for
Deck Type Housing Projects shall apply.
(a) Building Site Area Per Dwelling Unit. The minimum building site area per dwelling
unit shall be nine hundred seventy-four (974) square feet.
(b) Building Height. The maximum building height shall be fifty-four (54) feet, as
measured to the highest point of the structure exclusive of chimneys, vents and other mechanical or
architectural appurtenances.
(c) Site Coverage. The maximum site coverage by the parking deck shall be ninety
percent (90%).
(d) Structural Setback and Yard Requirements.
1. Center Street. The buildings adjacent to Center Street shall be located at or
within one (1) foot of the street right-of-way. Commercial awnings encroaching into the public
right-of-way shall be approved in accordance with the provisions of Title 17 of this Code.
2. Lincoln Avenue. The minimum structural setback to Lincoln Avenue shall
be ten (10) feet; provided, however, that maximum five (5) foot encroachments are permitted for a
distance no greater than fifteen percent (15%) of the lineal street frontage for usable private outdoor
living areas, walkways and parking structures.
3. Olive Street. The minimum structural setback to Olive Street shall be ten (10)
feet.
4. Philadelphia Street. The minimum structural setback to Philadelphia Street
shall be fifteen (15) feet; provided, however, that maximum ten (10) foot encroachments are
permitted for a distance no greater than fifteen percent (15%) of the lineal street frontage in order
to accommodate building siting flexibility and elevator shafts, and that maximum five (5) foot
encroachments for usable private outdoor living area are permitted for the remainder of the lineal
street frontage.
(e) Required Recreational -Leisure Areas. The minimum recreational -leisure area per
dwelling unit shall be two hundred fifty (250) square feet of usable open space, of which at least
one-third (0.33) shall be private space for the exclusive use of individual units and at least one-half
(0.5) shall be common space shared by residents of the housing complex.
1. Private Recreational -Leisure Areas. All of the dwelling units on the deck level
and one-half (0.5) of the dwelling units on the upper level shall be provided with private usable
recreational -leisure space. Private recreational -leisure areas shall consist of patios, balconies, decks
and other areas which are directly accessible from the living room, dining room or family room of
an individual unit. Such private areas shall be visually screened and protected from public view by
grade separation, landscaping, fencing, walls and/or trellises. To be considered "usable," deck level
open space shall be not less than eighty (8 0) square feet in area, with a minimum dimension of eight
(8) feet; and upper level open space shall be not less than sixty (60) square feet in area, with a
minimum dimension of six (6) feet.
2. Common Recreational -Leisure Areas. Common recreational -leisure areas shall
consist of courtyards, front yards, rear yards, decks and other open space used primarily for outdoor
living and recreation. To be considered "usable," common recreational -leisure space shall have a
minimum dimension of sixteen (16) feet and shall be located close to major pedestrian circulation
routes but shall not be part of such circulation routes. Common recreational -leisure areas shall be
accessible to all residents of the housing complex.
(f) Minimum Number of Parking Spaces. Based on the combination of uses proposed,
the following minimum number of parking spaces shall be provided. For the parking spaces to be
located in the Center Street Parking Structure, a parking lease agreement between the applicant and
the Agency which is satisfactory to the City Attorney and the City Engineer shall be in effect prior
to issuance of a certificate of occupancy.
1. Residential Uses. For each dwelling unit there shall be provided not less than
two and one-half (2.5) parking spaces. At least two and one-tenth (2.1) parking spaces per unit shall
be covered and located on-site (for a total of not less than two hundred twelve (212) spaces). The
remaining parking spaces (not more than four -tenths (0.4) parking spaces per unit) shall be provided
in the Center Street Parking Structure (for a total of not more than forty (40) spaces).
2. Commercial Uses. A minimum of five and one-half (5.5) parking spaces per
one thousand (1,000) square feet of gross floor area of commercial/retail uses, a minimum of six (6)
parking spaces per one thousand (1,000) square feet of gross floor area of medical office uses and
a minimum of four (4) parking spaces per one thousand (1,000) square feet of gross floor area of
professional office uses shall be provided in the Center Street Parking Structure (for a total of not
less than thirty-six (36) spaces).
(g) Sign Regulations. Prior to issuance of a certificate of occupancy, a complete sign
program shall be submitted for review and approval by the Planning Director and Executive Director
of Community Development, in the manner set forth in Section 18. 1 10.040.070 of this Code.
(h) Dwelling Unit Storage. There shall be one hundred cubic feet of private storage space
for each dwelling unit."
SECTION 2.
That subsection .040 of Section 18.110.050 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby amended to read as follows:
".040 Parcel 4d:
(a) Residential. Attached deck -type multiple family housing shall be permitted. subject
to the provisions for the "RM -4" Multiple -Family Residential Zone, in Chapter 18.06, (Multiple -
Family Residential Zones) and the "Criteria for Deck -Type Housing Projects," except as otherwise
provided in this chapter.
(b) Commercial. Commercial and retail uses, not to exceed six thousand six hundred
(6,600) square feet, shall be permitted along Center Street at street level, as specified herein.
Permitted Commercial Uses.
a. Convenience Retail Sales. Convenience Retail Sales refers to
establishments or places of business primarily engaged in the provision of frequently or recurrently
needed small personal items or services for residents within reasonable walking distance. These
include various general retail sales and personal services of an appropriate size and scale to meet the
above criteria. Typical uses include neighborhood grocery or drug stores.
b. Eating and Drinking Establishments. Eating and Drinking
Establishments refers to establishments or places of business primarily engaged in the sale of
prepared foods and non-alcoholic beverages for on -premises consumption. Typical uses include
restaurants and short-order eating places or bars, including outdoor eating. Drive -up food service
facilities are specifically prohibited.
C. Food and Beverage Retail Sales. Food and Beverage Retail Sales refers
to establishments or places of business primarily engaged in the retail sale of food and non-alcoholic
beverages for home consumption. Typical uses include groceries or delicatessens.
d. General Retail Sales. General Retail Sales refers to the sale or rental
from the premises of goods and merchandise for personal or household use (for example, florist and
gift shops), but excluding those uses listed in paragraphs a, b and c above.
e. In -Structure Parking. In -Structure Parking refers to at -grade or partially
above orbelow grade parking areas partially enclosed and with a complete structural roof supporting
other uses.
f. Esplanades. Esplanades refer to a pedestrian -oriented urban streetscape
environment with limited vehicular circulation. Use of the right-of-way is encouraged for special
outdoor events and limited commercial activity associated with pedestrian circulation, limited
service deliveries, public outdoor eating or resting areas to serve the adjacent commercial uses, and
limited outdoor eating or resting activities on a temporarybasis associated with adjacent food service
establishments. Private commercial uses will be limited to business hours only.
(r Administrative and Professional Services. Administrative and
Professional Services refers to offices of private firms or organizations or public or quasi -public
organizations which are primarily used for the provision of professional, executive, management or
administrative services. Any drive -up service is specifically prohibited.
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h. Business Support Services. Business Support Services refers to
establishments primarily engaged in the provision of services of a clerical, employment, protective
or minor processing nature to firms, rather than individuals, and where the storage of goods other
than samples is prohibited. Typical uses include secretarial services, telephone answering services,
or blueprint duplicating services.
I. Sports and Recreation. Sports and Recreation refers to establishments
or places primarily engaged in the provision of sports or recreation by and for participants. Any
spectators would be incidental and on a non-recurring basis. Included in Sports and Recreation Use
are those conducted within an enclosed space of four thousand (4,000) square feet or less. Typical
uses include athletic clubs or physical fitness centers, including personal massage when accessory
to a principal use.
j. Finance, Insurance and Real Estate Services. Finance, Insurance and
Real Estate Services refers to establishments primarily engaged in the provision of financial,
insurance, real estate or securities brokerage services. Typical uses includebanks, insurance agencies
or real estate firms.
k. Medical Services. Medical Services refers to establishments primarily
engaged in the provision of personal health services including prevention, diagnoses and treatment
or rehabilitation services provided byphysicians, dentists, nurses and otherhealth personnel, as well
as the provision of medical testing and analysis services, but excludes those classified as any public
use type. Typical uses include "drop-in clinics," medical and dental offices, dental laboratories, or
health maintenance organizations.
1. Personal and Repair Services. Personal and Repair Services refers to
establishments primarily engaged in the provision of informational, instructional personal
improvement, provision of laundering, dry cleaning or dyeing services as personal services and
similar services of a non-professional nature, and to establishments primarily engaged in the
provision of repair services to individuals and households, rather than firms, but excludes services
classified as Entertainment or Transient Habitation, industrial laundry services, laundry agencies,
diaper services, or linen supply services. Typical uses include photography studios, driving schools
or reducing salons, dry cleaners, laundries, self-service laundromats, barbershops and hair salons,
apparel repair firms or musical instrument repair firms.
2. Conditionally Permitted Commercial Uses. The following uses shall be permitted,
subject to the approval of a conditional use permit and subject to the conditions and required
showings of Section 18.66 ("Conditional Use Permits).
a. Temporary Real Estate Marketing Offices. Real Estate Marketing
Offices refers to the offices and ancillary facilities to promote the sale, lease or rental of the
development included within the Specific Plan Area.
b. Temporary Construction Contractor's Offices. Construction
Contractor's Offices refers to the temporary on-site construction offices used by the general
contractor for the various development projects within the Specific Plan Area.
Sale of alcoholic beverages for consumption on -premises or
off -premises.
3. Prohibited Commercial Uses. Retail uses classified as Agricultural Supplies and
Services, Animal Sales and Services, Automotive and Equipment, Business Equipment Sales and
Services, Construction Sales and Services, Gasoline Sales and Services, and drive -up service, shall
not be permitted.'"
SECTION 3.
That except as express]_v amended herein, Ordinance No. 5161, as previously amended, shall
remain in full force and effect.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph,
sentence of word of this ordinance of the Code, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 5. SAVINGS CLAUSE
Neither adoption of this ordinance nor the repeal of any other ordinance of this City shall in
any manner affect the prosecution for violations and ordinances, which violations were committed
prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are
substantially the same as ordinance provisions previously adopted by the City relating to the same
subject matter. shall be construed as restatement and continuations, and not as new enactments.
SECTION 6. PENALTY
It shall be unlawful for any person, firm or corporation to violate any provision or to fail to
comply with any of the requirements of this ordinance. Any person, firm or corporation violating
any provision of this ordinance or failing to comply with any of its requirements shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One
Thousand Dollars (S 1.000) or by imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person. firm or corporation shall be deemed guilty of a separate
offense for each day during any portion of which any violation of any of the provisions of this
ordinance is committed.. and shall be punishable therefore as provided for in this ordinance.
6
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on thel7tlday of August, 2004, and thereafter passed and adopted at
a regular meeting of said City Council held on the 24 day of August2004, by the following roll call
vote:
AYES: Mayor Pringle, Council Members, Tait, Chavez, Hernandez, McCracken
NOES: none
ABSENT: none
ABSTAIN: none
CITY ANAHEIM
By
MAY16k OF THE KTY OF ANAHEIM
ATTEST:
CITY CLE ' OF'THE CITY OF ANAHEIM
54803vI�mgordon
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of the Anaheim Bulletin , a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on
December 28, 1951. Case No. A-21021 in and
for the City of Anaheim, County of Orange,
State of California, that the notice, of which the
annexed is a true printed copy, has been published
in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
September 2, 2004
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
September 2, 2004
r
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
P
SUMMARY PUBUCATIO14
GTY OF ANAHEIM
ORDINANCE NO. 5994
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING
SPECIAL PLAN ADJUSTMENT NO. 1 TO THE DOWNTOWN
ANAHEIM, EAST CENTER STREET DEVELOPMENT SPE-
CIFIC PLAN NO. 942.
This ordinance amends the Downtown Mahaim - East Cen-
ter Street Specific Ph" No. 900 (oodiiad as Chapter 1B.110
of the AthMteirn fljitlrltsipdtj to thiel+ "owe ��ppaeaa from
the Iiet of phxmifted uses and add 'otlk:e.uses•
to the Pat of prirngry psm>i4tied uses for the commercial ten-
ant spaces at ttr!'' norihvbeat corrier of Center and Olive
Stress In the City of Anaheim.
I, Sheryll Schroeder, City Clerk of the City of Anaheim, do
hereby rxrtNy that the foregoing is a summary of Ordinance
No. 5934 which ordinance was introduced at a regular
meeting of the City Council of the City of Anaheim on the
17th day of August, 2004 and was duty passed and adopt- '
ed at a regular meeting of said Council on the 24th day of
August, 2004 by the following roll call vote of the members
thereof:
AYES: Mayor Pringle, Council Members:
McCracken, Chavez, Hernandez
NOES: None
ABSENT:None
ABSTAIN: Council Member Tait
The above summary is a brief description of the subject mat-
ter contained in the text of Ordinance No. 5934, which has
been prepared pursuant to Section 512 of the Charter of the
Cty of Maheim. This summary does not include or de-
scnbe every provision of the ordinance and should not be
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, pease con-
tact the Office of the City Clerk, (714) 765-5166, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Publish: Anaheim Bulletin
September 2, 2004
25-875 6341335