5948ORDINANCE N0. 5948
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO THE PLATINUM
TRIANGLE
WHEREAS, on May 25, 2004, the City Council of the City of Anaheim
adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in
conjunction with the approval of Zoning Code Amendment No. 2004-00029,
Reclassification No. 2004-00117, Amendment No. 5 to the Anaheim Resort Specific Plan
No. 92-2 (SPN 2004-00023), Amendment No. 2 to the Northeast Area Specific Plan No.
94-1 (SPN 2004-00024), and other related actions; and in conjunction therewith adopted
Resolution No. 2004-94 certifying Final EIR No. 330, adopting a Statement of Findings
and Facts and a Statement of Overriding Considerations and adopting the Mitigation
Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and
Zoning Code Update, the Updated and Modified Mitigation Monitoring Program No. 106
for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program
No. 0085a for the Anaheim Resort Expansion Area) associated with the project ("Final
EIR No. 330"); and
WHEREAS, General Plan Amendment No. 2004-00419 provided for a
comprehensive citywide General Plan Update which included redesignating land uses
within an approximately 820 -acre area generally bounded by the Santa Ana River on the
east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the
west and the Southern California Edison Company right-of-way on the north (referred to
"The Platinum Triangle") from Commercial Recreation and Business Office/Mixed
Use/Industrial to fixed Use, OffC.e High, Office Low, Industrial, Open Space and
Institutional, generally corresponding to the property subject to the Anaheim Stadium
Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side
of the Santa Ana (I-5) Freeway, north of Katella Avenue; and
WHEREAS, the recently adopted General Plan envisions The Platinum
Triangle as a thriving economic center that provides residents, visitors and employees
with a variety of housing, employment, shopping and entertainment opportunities that are
accessed by arterial highways, transit systems and pedestrian promenades (as set forth in
Goal 15.1 of the Land Use Element); and
WHEREAS, on August 17, 2004, the City Council of the City of Anaheim
adopted Resolution No. 2004-178 approving The Platinum Triangle Master Land Use
Plan (Miscellaneous Case No. 2004-00084) as an implementation tool to realize the
City's vision for The Platinum Triangle in conjunction with the approval of Zoning Code
Amendment No. 2004-00032, the form of The Platinum Triangle Standard Development
Agreement (Miscellaneous Case No. 2004-00085), rescission of the Anaheim Stadium
Master Land Use Plan (Miscellaneous Case No. 2004-00083) and associated Zoning
Reclassifications (Reclassification Nos. 2004-00127 through 2004-00130); and
WHEREAS, on August 24, 2004, the City Council of the City of Anaheim
adopted Ordinance No. 5935, pertaining to Zoning Code Amendment No. 2004-00032,
which replaced Chapter 20 of Title 18 of the Anaheim Municipal Code (formerly the
Sports Entertainment (SE) Overlay Zone) in its entirety with the Platinum Triangle Mixed
Use (PTMU) Overlay Zone, and Ordinance Nos. 5936 and 5937 pertaining to associated
Zoning Reclassification Nos. 2004-00129 and 2004-00130; and
WHEREAS, pursuant to Chapter 18.76 of the Anaheim Municipal Code,
provisions of Title 18 may be amended to enhance and preserve the general welfare, when
adopted by an ordinance of the City Council in the manner prescribed by law; and
WHEREAS, pursuant to subsection .020 of Section 18.76.030 of the Anaheim
Municipal Code, the Planning Director did initiate an amendment to Title 18 for the purpose
of replacing references to the Anaheim Stadium Area and the Sports Entertainment (SE)
Overlay Zone with The Platinum Triangle and The Platinum Triangle Mixed Use (PTMU)
Overlay Zone and to provide consistency between Title 18 and The Platinum Triangle Master
Land Use Plan; and
WHEREAS, the City Planning Commission, having reviewed the text
amendments initiated by the Planning Director, and having considered the evidence
submitted in the Staff Report to the Planning Commission dated September 20, 2004
pertaining to the text amendments, did recommend, by motion, that the City Council approve
Zoning Code Amendment No. 2004-00035; and
WHEREAS, pursuant to the provisions of the California Environmental
Quality Act ("CEQA"), on September 20, 2004, the City Planning Commission, as lead
agency for Miscellaneous Case No. 2004-00087 (the Rescission of Resolution Nos. PC
2004-80 and PC 2000-14) and Zoning Code Amendment No. 2004-00035 (the "Proposed
Actions"), based upon its independent review of the Initial Study prepared in connection
with the Proposed Actions, and analysis whether the Proposed Actions may cause any
additional significant effect on the environment which was not previously examined in
Final EIR No. 330, and associated Mitigation Monitoring Programs, did find and
determine, based upon said Initial Study and the evidence received at the public hearing,
that no additional significant effect will result from the proposal, no new mitigation
measures or alternatives are required, and that the Proposed Action is within the Scope of
Final EIR No. 330, and that the previously -certified Final EIR No. 330 and the Updated
and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle are in
compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve
as the required environmental documentation for the Proposed Actions, including the
subject proposal, and satisfy all of the requirements of CEQA; that no further
environmental documentation need be prepared for the Proposed Actions. Moreover, as
individual development projects and infrastructure improvements are proposed to
implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the
O -H and O -L Zones, Initial Studies for those projects shall be prepared in compliance with
CEQA requirements to determine whether additional environmental documentation will
need to be prepared.
2
WHEREAS, the Planning Commission makes recommendations to the
City Council regarding Zoning Code Amendments; and
WHEREAS, the City Council desires to amend Title 18 of the Anaheim
Municipal Code to further implement the General Plan and to enhance and preserve the
general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ANAHEIM HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That subsection .120 of Section 18.14.030 of Chapter 18.14 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".120 Additional Provisions for Accessory Uses in "PR" Zone. The provisions
of this section apply in addition to the provisions in Table 14-B above. The following
accessory uses may be conducted only where incidental to and integrated within a
primary use complex:
1201 Concession stands, restaurants and shops;
1202 Athletic equipment shops;
1203 Specialty and souvenir shops;
.1204 Such other compatible uses as may be permitted from time to time
by the City Council.
i2O5 Signs; provided however, that any sign owned, operated or
maintained by an entity other than the City of Anaheim shall be permitted only if a
conditional use permit for such sign is first approved pursuant to the provisions of
Chapter 18.66 (Conditional Use Permits). Notwithstanding the foregoing, within the
area subject to Area Development Plan No. 120, signs shall be as approved by the
City Council, provided the City Council finds such sign(s) to be (a) compatible with
the other uses and signs in Sportstown Anaheim and (b) in conformance with The
Platinum Triangle Master Land Use Plan, a copy of which is on file in the Office of
the City Clerk, and Chapter 18.20."
SECTION 2.
That Section 18.20.020 of Chapter 18.20 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
"18.20.020 APPLICABILITY.
.010 The Platinum Triangle comprises approximately eight hundred twenty
(820) acres generally bounded by the Santa Ana River on the east, the Anaheim City
3
limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the
Southern California Edison Company Easement on the north. The PTMU Overlay
Zone covers an area consisting of approximately three hundred and seventy-five
(375) acres within The Platinum Triangle, as depicted in Figure 3 (General Plan
Designations) of The Platinum Triangle Master Land Use Plan approved by the City
Council on August 17, 2004, and on file in the Office of the City Clerk, said Figure 3
is incorporated herein by this reference as though set forth in full.
.020 Applicable Regulations. The provisions of this chapter shall supersede the
corresponding regulations of the underlying zones, except as provided below.
.030 Option to Use Underlying Zone. The provisions of this chapter shall not
apply to parcels that have been or are proposed to be developed entirely under the
underlying zone, provided that all requirements of the underlying zone are met by the
project except as specifically approved otherwise by variance or other official action
by the City."
4
SECTION 3.
That Table 20-B in Section 18.20.030 of Chapter 18.20 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby amended to read as follows:
Table 20-B P Permitted by Right
ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required
THE PLATINUM TRIANGLE N Prohibited
MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial
PTMU GF Special Provisions
Amusement Devices
Animal Keeping
Antennas—Private Transmitting
Antennas—Receiving
Caretaker Units
Day Care—Large Family
Day Care—Small Family
Fences & Walls
Home Occupations
Landscaping & Gardens
Mechanical Utility and Equipment—
Ground Mounted
Mechanical Utility and Equipment —
Roof Mounted
Murals
Parking Lots & Garages
Portable Food Carts
Recreation Buildings & Structures
Signs
Solar Energy Panels
Vending Machines
P
Subject to Chapter 4.14 (Amusement devices)
P
Subject to Section 18.38.030 (Animal keeping)
P
Subject to Section 18.38.040 (Antennas — private transmitting)
P
Subject to Section 18.3 8.050 (Antennas —receiving)
C
Subject to Section 18.38.090 (Caretaker units)
C
Subject to Section 18.38.140 (Large family day care homes)
P
P
This use may occur on a lot with or without a primary use
P
Subject to Section 18.38.130 (Home occupations)
P
Subject to Chapter 18.46 (Landscaping and screening)
P
Subject to Section 18.38.160 (Mechanical and utility equipment —
ground mounted)
P
Subject to Section 18.38.170 (Mechanical and utility equipment —
roof mounted) and Section 18.20.150 (Design standards) of this
chapter
P/C
Permitted when not visible from right-of-way or adjacent properties.
Conditional use where visible from any public right-of-way or
adjacent properties.
P
C
P GF
P Subject to Chapter 18.44 (Signs) and section 18.20.160 (Signs) of
this chapter
P Must be mounted on the roof and, if visible from the street level,
must be parallel to the roof plane
P Shall be screened from view from public rights-of-way and shall not
encroach onto sidewalks
SECTION 4.
That Table 20-H in Section 18.20.090
of Chapter 18.20 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
Table 20-H
STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS:
THE PLATINUM TRIANGLE MIXED USE
(PTMU) OVERLAY ZONE
Permitted
Street Minimum Setback Encroachments
Required Landscape
Katella 18 feet Patios: 8 feet
■ The area between residential patios and the
Avenue
sidewalk/walkway (see below) shall be fully
Residential
landscaped
buildings: 3 feet*
■ Adjacent to ground floor commercial uses, up to 80%
of the setback area may be paved
Ground floor
■ A date palm matching the date palm in the public
commercial: 4 feet
right-of-way in spacing and height shall be installed 5
feet from the right-of-way as indicated on the Platinum
Triangle Master Land Use Plan
State ■ South of Gene Autry Way : 13 feet Patios: 8 feet
■ The area between residential patios and the
College ■ North of Gene Autry Way to railroad
sidewalk/walkway (see below) shall be fully
Boulevard grade separation: 16 feet Residential
landscaped
■ North of railroad grade separation: buildings: 3 feet*
■ Adjacent to ground floor commercial uses, up to 80%
20 feet
of the setback area may be paved
Ground floor
. A 2.5' walkway shall be provided adjacent to ROW,
commercial: 4-8
scored to match adjacent sidewalk and an easement
feet
provided to the City, north of Gene Autry Way to the
railroad grade separation
Gene Autry 12 feet Patios: 5 feet
■ The area between residential patios and the
Way
sidewalk/walkway (see below) shall be fully
Residential
landscaped
buildings: 3 feet*
■ Adjacent to ground floor commercial uses, up to 80%
of the setback area may be paved
Ground floor
■ A 2.5' walkway shall be provided adjacent to ROW,
commercial: 5 feet
scored to match adjacent sidewalk and an easement
provided to the City
* Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation
[.1
Table 20-H (Continued)
STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS:
THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE
Permitted
Street Minimum Setback Encroachments
Required Landscape
Orangewood West of State College Blvd: 12 feet Patios: 8 feet
■ The area between residential patios and the
Avenue
sidewalk/walkway (see below) shall be fully
East of State College Blvd: 15 feet Residential
landscaped
buildings: 3 feet*
■ Adjacent to ground floor commercial uses, up to 80%
of the setback area may be paved
Ground floor
■ A 2.5' walkway shall be provided adjacent to ROW,
commercial: 8 feet
scored to match adjacent sidewalk and an easement
provided to the City, east of State College Blvd.
Douglass 14 feet Patios: 8 feet
■ The area between residential patios and the sidewalk
Road
shall be fully landscaped
Residential
■ Adjacent to ground floor commercial uses, up to 80%
buildings: 3 feet*
of the setback area may be paved
FA
Ground floor
commercial: 3 feet
Railroad
10 feet
None
■ Setback area shall be fully landscaped
ROW
Market
10 feet
Ground floor
■ A maximum 30% of setback area may be landscaped
Street
commercial: 4 feet
Connector
10 feet
Patios: 7 feet
■ The area between residential patios and the sidewalk
Streets/
shall be fully landscaped
Wright
Residential
■ Adjacent to ground floor commercial uses, up to 80%
Circle/
buildings: 3 feet*
of the setback area may be paved
Private
Streets
Ground floor
commercial: 3 feet
Alleys
10 feet
Patios: 2 feet
A minimum 4 -foot -wide pedestrian walkway shall be
provided parallel to the alley.
Residential
buildings: 2 feet*
Ground floor
commercial: 2 feet
Freeways
25 feet
None
Setback area shall be fully landscaped
FA
SECTION 5.
That subsection .020 of Section 18.24.030 of Chapter 18.24 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Exceptions. With the exception of the requirements specified below, the
regulations of this chapter shall not apply to parcels being developed entirely in
compliance with the development standards of the underlying zone and where an
ordinance has not been adopted to reclassify property into the (SABC) Overlay Zone,
provided that:
.0201 All requirements of the underlying zone are being met by the
project, except as specifically approved otherwise in conjunction with a conditional
use permit, variance or administrative adjustment permitted pursuant to Chapter 18.66
(Conditional Use Permits), Chapter 18.74 (Variances), and Chapter 18.62
(Administrative Reviews).
.0202 Off -premise sale of alcohol is prohibited in the (SABC) Overlay
Zone except (i) as an accessory use to a hotel or (ii) markets or grocery stores having
an interior building floor area of greater than thirty thousand (30,000) square feet.
.0203 Except as provided in subsection 18.40.060.080 (Automatic
Exemptions) of Chapter 18.40 (General Development Standards), where a building
permit is sought for any development project in the SABC Overlay Zone, landscaping
shown on the South Anaheim Boulevard Master Plan of Landscaping ("The "Master
Plan") as approved by the Anaheim Redevelopment Agency on August 29, 2000,
shall be planted in the size and at the spacing described in the Master Plan.
Landscaping plans shall be submitted to the Planning Director and the Executive
Director of Community Development for a determination that the proposed plan is
consistent with the Master Plan. The Planning Commission may grant variances from
the requirements of the Master Plan pursuant to the provisions of Chapter 18.74
(Variances).
.0204 Any signs or billboards installed or erected shall comply with the
provisions of Section 18.24.120 (Sign Standards), except as that the following shall
be applicable to business signs permitted within commercial or industrial zones:
.01 Properties located south of Ball Road. Freestanding signs
up to twenty five (25) feet in height in conformance with Section 18.44.080
(Freestanding and Monument Signs- General) shall be permitted subject to the
approval of a conditional use permit pursuant to Chapter 18.66 (Conditional Use
Permits).
.02 Properties located north of Ball Road. Signage shall be
limited to freestanding or monument type signs in conformance with Section
18.44. 100 (Freeway -Oriented On -Site Signs).
.0205 All applications submitted for projects that lie within the (SABC)
Overlay Zone area and that also lie within the boundaries of the Commercial/
Industrial Redevelopment Project Area shall be forwarded to the Community
0
Development Department for review. The Executive Director of Community
Development shall review each application, meet and consult with the applicant with
respect to the neighborhood compatibility and design features of the proposed project,
and propose changes where necessary to promote high quality urban design. The
Executive Director of Community Development shall propose, the Planning
Commission shall review, and the Redevelopment Agency shall adopt design
guidelines to assist in the review of applications.
.0206 Properties located east of the Santa Ana Freeway (I-5) and south of
the Southern California Edison transmission line right-of-way shall comply with the
standards set forth in Section 18.40.050 (Special Area Setbacks).
.0207 Properties within the Anaheim Colony, which is defined as the
area bounded by North Street, East Street, South Street, and West Street, shall be
subject to The Anaheim Colony Vision, Principles and Design Guidelines."
E
SECTION 6.
That Section 18.40.050 of Chapter 18.40 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
"18.40.050 SPECIAL AREA SETBACKS.
.010 Minimum Setback Requirements. Every building, building site, addition
equal to twenty-five percent (25%) or more of the gross area of an existing building
or building site fronting on the following streets, shall have an open setback area
extending for the full width of the property. This setback shall be parallel to the
centerline of the street and shall be measured from the planned highway right-of-way
line as designated on the circulation element of the General Plan and shall be of such
depth as indicated in Table 40-A (Special Area Setbacks) below.
Table 40-A
Special Area Setbacks
18
Streets
Minimum Setbacks (feet)
Anaheim Way
20
Cerritos Avenue west from Douglass Road to the Southern
20
California Edison Company easement
12 Feet (west of State College Blvd.)
Douglass Road south from Cerritos Avenue to Katella Avenue
12
Gene Autry Way west from State College Boulevard to the
12
Santa Ana Freeway (Interstate 5)
zone is "PR" Public Recreation)
Howell Avenue west from Katella Avenue to State College
20
Boulevard
Katella Avenue west from the east city limits to the Santa Ana
18
Freeway (Interstate 5)
Lewis Street south from the Southern California Edison
20
Company easement to Anaheim Way
Orangewood Avenue west from the east city limits to the Santa
12 Feet (west of State College Blvd.)
Ana Freeway (Interstate 5)
15 feet (east of State College
Blvd.)71/2 feet (where the underlying
zone is "PR" Public Recreation)
State College Boulevard south from the Southern California
13 feet (south of Gene Autry Way)
Edison Company easement to the south City limits
16 feet (north of Gene Autry Way to
the Railroad Grade Separation)
20 feet ( north of the Railroad Grade
Separation)
15 feet (where the underlying zone is
"PR" Public Recreation)
Orange Freeway (State Route 57) south from the Southern
25
California Edison Company easement to the south City limits,
including any freeway transition road and on-ramp or off -ramp
10
.020 Landscaping of Setback Areas. Required landscaping shall be provided in
accordance with Chapter 18.46 (Landscaping) and The Platinum Triangle Master
Land Use Plan. For properties within the boundaries of the Platinum Triangle Mixed
Use (PTMU) Overlay Zone, all required structural setbacks and yards adjacent to
public streets and arterial highways shall be landscaped and permanently maintained
with lawn, ground cover, shrubs and trees as specified in Chapter 18.20 (Overlay
Zone).
.030 Permitted Encroachments into Setback Areas. Permitted encroachments
into setback areas shall be the same as in the underlying zone."
CP9-T1nN I
That Table 90-A in Section 18.90. 100 of Chapter 18.90 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
Table 90-A
ZONE CORRESPONDENCE
11
Single -Family
Residential Zones
Former Zoning Code
Current
^",ulti le- Family, Residential
Former Zoning Code
RH-1
Single -Family Hillside, Residential
RS -HS -43,000
Residential, Single -Family Hillside
RH-2
Sin le-Famil Hillside, Residential
RS -HS -22,000
Residential, Single -Family Hillside
RH-3
I Single -Family Hillside, Residential
RS -HS -10,000
Residential, Single -Family Hillside
RS -1
Single -Family, Residential
RS -10,000
Residential, Single -Family
RS -2
Single -Family, Residential
! RS -7200
Residential, Single -Family
RS -3
Single -Family, Residential
RS -5000
Residential, Single -Family
RS -4
Single -Family, Residential
No Corresponding Former Zone
Commercial Office and Professional
Multiple—Family
Residential Zones
11
Current
Former Zoning Code
DT;_1
^",ulti le- Family, Residential
Former Zoning Code
No Corresponding Former Zone
RM -2
Multiple-
Family, Residential
RM -3000
Residential, Multiple -Family
RM -3
Multi
le- Family, Residential
RM -2400
Residential, Multiple -Family
RM -4
I Multiple-
Family, Residential
RM -1200
Residential, Multiple -Family
C -NC
No Replacement Zone for Former Zone
RM -1000
Residential, Multiple -Family
C-R
j Regional Commercial
11
Commercial Zones
Current
Former Zoning Code
CG
j General Commercial
CL
Commercial, Limited
Former Zone Incorporated into CG Zone
CG
Commercial, General
Former Zone Incorporated into CG Zone
CH
Commercial, Heavy
Former Zone Incorporated into CG Zone
CL -HS
Commercial, Limited — Hillside
C -NC
Neighborhood Center Commercial
No Corresponding Former Zone
C-R
j Regional Commercial
No Corresponding Former Zone
O -L
Low Intensity Office
CO
Commercial Office and Professional
O -H
High Intensity Office
No Corresponding Former Zone
Industrial Zones
Current
Former Zoning Code
I
Industrial
ML
Limited Industrial
Former Zone Incorporated into I Zone
MH
Heavy Industrial
11
Table 90-A
ZONE CORRESPONDENCE
Public and Special Purpose Zones
Current Former Zoning Code
OS ! Open Space OS Open S ace
PR Public Recreational PR Public Recreational
SP Semi -Public No Corresponding Former Zone
T Transition RS -A-43,000 I Residential/Agricultural
Parking/Commercial and Parking/Industrial Zones
Current Former Zoning Code
No Replacement Zone for Former Zone PD-C/RM- Parking District —
2400 Commercial/Multiple-Family
Residential
C -G General Commercial PD -C I Parking District —Commercial
I Industrial PLD -M Parking/Landscape District —
Manufacturing
Over
ay Zones
Current
Former Zoning Code
(PTMU)
Platinum Triangle Mixed Use
Overlay
(SE)
Sports Entertainment Overlay
(BCC)
Brookhurst Commercial Corridor
Overlay
(BCC)
Brookhurst Commercial Corridor
Overlay
(SABC)
South Anaheim Boulevard Corridor
Overlay
(SABC)
South Anaheim Boulevard Corridor
Overlay
(0)
Oil Production Overlay
(0)
Oil Production Overlay
(SC)
Scenic Corridor Overlay
(SC)
Scenic Corridor Overlay
(FP)
Floodplain Overlay
(FP)
Floodplain Overlay
(MHP)
Mobile Home Park Overlay
(MHP)
Mobilehome Park Overlay
(DMU)
Downtown Mixed -Use Overlay
(DMU)
Downtown Mixed -Use Overlay
(MU)
Mixed Use Overlay
No Corresponding Former Zone
SECTION 8.
That Section 18.92.040 of Chapter 18.92 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
"18.92.040 A WORDS, TERMS AND PHRASES.
"Accessory." A structure, building, or a use which is subordinate to, and
incidental to, that of the main building or use which shall not exceed fifty percent
(50%) of the main building or use.
"Accessory Living Quarters." See Chapter 18.36 (Types of Uses).
"Acres, Gross." The overall acreage of an area within the boundaries of a
legal parcel which includes all roads, except arterial highways as measured at
their ultimate right-of-way width.
"Acres, Net." The overall acreage of an area excluding public and private
streets and alleys.
12
"Alcohol, Off -sale." The sale of alcoholic beverages to consumers for
consumption off the premises where sold, in accordance with a valid off -sale
license issued by the State of California.
"Alcohol, On -sale." The sale of alcoholic beverages to consumers for
consumption on the premises where sold, in accordance with a valid on -sale
license issued by the State of California."
"Alley." A public vehicle right-of-way providing a secondary means of
access to abutting property.
"Amusement Device." Any game, exhibition, shuffleboard game, or
amusement or recreational device, or any mechanical or electronic amusement
device or machine which, upon the insertion of a bill, coin, slug or token in any
slot or receptacle attached to such device or machine or connected therewith,
operates or which may be operated for use as a game, contest or amusement, with
the exception of machines for the dispensing of music.
"Amusement Device Arcade." Any premises containing five (5) or more
amusement devices, or any premises wherein not less than twenty-five percent
(25%) of the public floor area is devoted to amusement devices, whether or not
said devices constitute the primary use or an accessory use of the premises.
"Anaheim Colony Historic District." A district of the City of Anaheim
established by City Council Resolution No. 97R-194, which is bounded by North
Street, West Street, South Street, and East Street.
"Annexation." The addition of a land area to an existing city or special
district with a resulting change in the boundaries of the annexing jurisdiction.
"Apartment." One (1) or more rooms in a multiple -family dwelling, occupied
or suitable for occupancy as a residence for one (i ) family.
"Apartment Building." A building or cluster of buildings containing multiple -
family dwelling units in which the dwelling units are intended to be rented or
leased to the occupants.
"Arterial Highway." A roadway used primarily for through traffic that is
designated by one of the following terms on the Planned Roadway Network map
in the General Plan: Scenic Expressway, Resort Smart Street, Stadium Smart
Street, , Major Arterial, Primary Arterial, Hillside Primary Arterial, Secondary
Arterial, Hillside Secondary Arterial, Collector Street and Hillside Collector
Street., ,
"Automobile Wrecking." The dismantling or wrecking of used motor
vehicles, trailers or similar vehicles.
"Awning." A roof -like structure that projects from the wall of a building for
the purpose of shielding a doorway or window from the elements and may or may
not be capable of being retracted into the face of the building."
13
SECTION 9. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any
section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be
declared for any reason to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the elimination herefrom of any
such portion as may be declared invalid.
SECTION 10. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other
ordinances of this City shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal provisions applicable to any
violations thereof. The provisions of this ordinance, insofar as they are substantially the
same as ordinance provisions previously adopted by the City relating to the same subject
matter, shall be construed as restatements and continuations, and not as new enactments.
SECTION 11. 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
($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and
imprisonment. Each such person, firm or corporation shall be deemed guilty of a
separate offense for each day during any portion of which any violation of any of the
provisions of this ordinance is committed, continued or permitted by such person, firm or
corporation, and shall be punishable therefore as provided for in this ordinance.
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 (Violations of Code -
Penalty) of the Anaheim Municipal Code.
14
THE FOREGOING ORDIANCE was introduced at a regular meeting of
the City Council of the City of Anaheim held on the 26thday of October , 2004 and
thereafter passed and adopted at a regular meeting of said City Council held on the 9th
day of Nov, 2004 by the following roll call vote:
AYES: Mayor Pringle, Council Members Chavez, Hernandez, McCracken
NOES: None
ABSENT: None
ABSTAIN: Council Member Tait
CITY OFAN EIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
ITY CLERK OF THE CITY OF ANAHEIM
55971.v 1/mgordon/10.11.04
15
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
November 18, 2004
"I certifv (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct".
Executed at Santa Ana, Orange County,
California, on
Date: November 18, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
2�
1 �
his space is for the County Clerk's Filing Stamp
SUMMARY PUBLICATION
Cm OF ANAHEfd
OROIhIANCE tNO. 5948
AN ORDINP
NCE OF THE CITY OF ANAHEIM AMENDING
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
Proof( TO THE PLATINUM TRANGLE
MOTION I. Amends subsection .120 of Section 19.14.030
of Chapter 18,14 of Title 18 of the Anaheim Municipal Code
pertaining that signs in the PR (Public Recreational) Zone and
replaces rebrences to the "Anaheim Stadkim Area Master
Use Use Plan" with "The Platinum Triangle Master Land
Use Plan"
lay zone." end the "SE Overlay Zone" with the "PTMU Over-
lfiCn" 2. This amendment corrects the date The Plati-
num Trianpb Master Land Use Plan was approved by City
Council; tie correct date is August 17, 2W4 not August 16,
2004 as presently stated in Section 18.20.020 of Chapter
16.20 of Title 16 of the Anaheim Municipal Code.
SiOTION 0. This amendment modifies Table 20-B in Sec-
tion 18.20.030 of Chapter 18.20 of Title 18 of the Anaheim
Municipal Code to delete a reference to Section 18.40.050
under special provisions for fences and walls. Section
18.40.
050 appldevelop
property within The Platinum Trian-
glesi op under the PTMU Overlay Zone
provisions.
UC17ON & This amendment modifies Table 20-H in Ser -
ton
Municipal Code
1� of Title 18 of the Anaheim
change permitted encroachments for
Ground Floor Commercial uses within the minimum setback
area requkod along Stale College Boulevard from 4 feet to
8 feet, cotselatent with The Platinum Triangle Master Land
Use Plan.
UCTIM,AL Amends Subsection .020 of Section
18.24.030 d Chapter 18.24 of Title 18 of the Anaheim Munici-
pal Code pertaining to properties Iocstad within both The
Platinum TTnanpb end the SSoouth Anahean Boulevard Corri-
dor fSABC) Overlay Zone. This section of the SABC Over-
iay Zone is amended to remove the referortce to the SE
Overlay Zons and to require that op of the sub -
properties to Section t� 8.40m060 which sats
forth k requirements consistent with The Platinum Tri-
angle Master land Use Plan.
MC1170N 4L Amends Section 18.40.050 of Chapter 18.40
of Title 18 of the Anaheim Municipal Code pertaining to mini-
mum setback requWaimenle �i�ee to the
way for proper within The Platinum Trianpgle public right-of-
way ue
developed under zoning classifications other than the
PTMU Overlay Zone. Mlr*num setback erg have
been adjusted to reflect the street eros n Tfte Plat -
num T b Master land Use Plan. In all cases the mini-
mum setback requirement Is equal to or lees than the previ-
ous minimum seib�k rogWremeM. Reisrerrces to tote SE
Overiey Zone are chrtped to The Plefkwm Triangle Master
Land Use Plan and the PTMU Overlay Zone.
MaT10N 7. This amendment modifies Table 90-A in Sec-
tion 18.90.100 of Chapter 18.90 of Tule 18 of the Anaheim Mu-
nicipal Code and in Ates that the PTMU Overlay Zone re-
places and supersedes the former SE Overlay Zone.
MaTI IM a This amendment deletes the definition for the
Anaheim Stadium Area from Section 18.92.840 of Chapter
18.92 of Title 18 of the Anaheim Municipal Code.
I, Stheryll Schroeder, City Clerk of the City of Anaheim,
g"hereby curtly that the foregoing Is a summary of Orch-
No. Will which ordinance was Introduced at a raga
lar meetkV of the City Council of the City of Mahaim on the
28th day of October, 2004 and was duly passed end
ad at a re�sr meeting of said Council on the 9th day of
vember, 2004 by the following roll call vote of the members
thereof:
AYES: Mayor Prmgte, Council Members: McCracken,
Chavez, Hernandez
NOES: Norte
ABSENT:None
ABSTAIN: Council Member Tait
The above summary is a brief description of the subject
matter contained in the te# of Ordinance No. 5948, which
has
Cbeerh p pursuant� Section 512 of the Charter of
does not include or de-
scribe every provision of the ordiinnance and should not be
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full tend of the ordinance, please
contact the Office of the City Clerk, (714) 785-5199, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Publish: Anaheim Bulletin ,
November IS, 2004
25.1121 6443390