5954ORDINANCE NO. 5954
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING CHAPTER 18.116 OF
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE.
WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim
Municipal Code, on September 27, 1994, the City Council of the City of Anaheim adopted
Ordinance No. 5454 amending the zoning map to reclassify certain real property described therein
into the Anaheim Resort Specific Plan No. 92-2 zone subject to certain conditions as specified
therein, and Ordinance No. 5453 relating to establishment of Zoning and Development Standards
for the Anaheim Resort Specific Plan No. 92-2 by the addition of Chapter 18.48 [subsequently
renumbered as Chapter 18.116] 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Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the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 Chapter
18.48 [subsequently renumbered as Chapter 18.116] 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
[subsequently renumbered as Chapter 18.116] of the Anaheim Municipal Code relating to the
minimum landscape setback requirement for properties adjacent to Manchester Avenue between
Katella Avenue and the southern boundary of the Anaheim Resort Specific Plan Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769
relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which adjustment
amended the Zoning and Development Standards set forth in Chapter 18.48 [subsequently
renumbered as Chapter 18.116] 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 [subsequently renumbered as Chapter 18.116] of the Anaheim Municipal Code relating to
office uses in a legal non -conforming building; and
WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5922
amending Ordinance No. 5453 relating to Amendment No. 5 (which also incorporates
Amendment No. 4) to the Anaheim Resort Specific Plan No. 92-2, which amendment revised the
legal description and boundaries of the Anaheim Resort Specific plan by reclassifying and
incorporating 27 -acres into the Anaheim Resort Specific Plan No. 92-2 Zone; and
WHEREAS, the proposed modification amends subparagraph .01 of subsection .0505 to
conditionally permit convenience markets and mini -markets as accessory uses in conjunction with
a relocated service station and amends subparagraph .02 of subsection .0505 prohibiting certain
uses in conjunction with service station facilities; and
WHEREAS, on November 15, 2004 the Anaheim City Planning Commission considered
the proposed Amendment No. 6 and recommended to the City Council that it adopt an ordinance
incorporating said amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That subsection .050 of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".050 Conditional Uses and Structures. Due to the uniqueness of The Anaheim Resort TM as a
tourist and visitor center and the associated concerns of the circulation and traffic system and
other infrastructure impacts and land use compatibility, the following buildings, structures and
uses shall be permitted provided a conditional use permit is approved therefore pursuant to, and
subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits).
.0501 Amusement parks, theme -type complexes, aviaries, zoos. Such uses may
include the keeping of animals or birds used in the operation of the facility, provided that such
animals or birds shall be maintained in physical confinement sufficient to prohibit the movement
of said animals or birds upon any real property not owned or under the lawful possession or
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control of the person or entity owning or controlling said animals or birds. Further, no animals or
birds shall be confined closer than forty (40) feet from any building used for human habitation,
including hotel or motel rooms, and no closer than forty (40) feet from any property line.
Conditional use permits for the keeping of animals and birds shall specify the maximum number
and type of animals and birds permitted. Any increase in the number and/or variations in the type
of animals and birds kept shall require either an amendment to said conditional use permit or a
new conditional use permit.
.0502 Art galleries.
.0503 Automobile car washes in conjunction with service stations only.
.0504 Automobile rental agencies with on-site storage and/or display of rental
vehicles not otherwise permitted by subparagraph 18.116.070.030.0302.02.
.0505 Automobile service stations, subject to the requirements of Chapter 18.38.070
(Automotive Service Stations) (except as certain associated uses are conditionally permitted or
prohibited in this subsection), provided that site development shall be governed by the provisions
of this chapter and the Design Plan. As a condition of granting any conditional use permit for an
automobile service station, the property owner shall record an unsubordinated covenant against
the property agreeing to remove all structures, including underground tanks, in the event that the
station is closed for a period of twelve (12) consecutive months or longer. A service station shall
be considered closed during any month in which it is open for less than fifteen (15) days.
.01 Conditionally Permitted Accessory Use. Convenience markets or mini -
markets with or without the sale of beer and wine for off -premises consumption may be permitted
in conjunction with a service station facility, subject to the following requirements.
(a) Such convenience market or mini -market has a maximum floor
area of 3,200 square feet, provided that this use is only permitted in connection with the
relocation of an existing service station facility with frontage on Harbor Boulevard to another
location in the Anaheim Resort not adjacent to Harbor Boulevard, and further provided that:
(b) Prior to issuance of a building permit for the relocated service
station, the property owner shall record a covenant on both the existing and the new service
station properties satisfactory to the Planning Department and the City Attorney's Office that
prior to final zoning and building inspections of the relocated service station, the existing service
station shall be closed, demolition of the existing service station building, canopy and site
improvements completed and removal of the underground storage tanks commenced in
accordance with a permit issued by the Anaheim Fire Department. The covenant shall further
provide that the site shall be screened by a chain link fence with green scrim on the side oriented
towards the public right-of-way and adjacent properties while demolition and tank removal is in
process and, that within a period of sixty (60) days following the completion of demolition and
tank removal activities, the site shall be screened by a minimum 3 -foot wide, 3 -foot high
landscape berm or shrubs adjacent to the public right-of-way. The site may be additionally
screened by a 6 -foot high chain link fence with green scrim oriented towards the public right-of-
way located behind the landscape berm or shrubs.
.02 Prohibited Accessory Uses. Under no circumstances shall the
following uses be permitted in conjunction with any service station facility:
(a) The sale of alcoholic beverages for on -premises or off -premises
consumption except as allowed under subparagraph .0505.01, above.
(b) Convenience markets or mini -markets except as allowed under
subparagraph .0505.01, above.
(c) Rental and/or display of utility trailers or trucks.
.0506 Automobile/vehicle parking lots or parking structures not otherwise permitted
by subsection 18.116.070.030 (Permitted Accessory Uses and Structures).
.0507 Bowling alleys, including sale of alcoholic beverages for on -premises
consumption.
.0508 Churches.
.0509 Emergency medical facilities.
.0510 Golf courses, including miniature golf courses.
.0511 Hotels and motels, including suite -type hotels, located south of Orangewood
Avenue.
.0512 Improvements to legal nonconforming buildings or structures as identified in
paragraph 18.116.020.050.0505 (Non -Conforming Structures and Uses).
.0513 Structures with interior setbacks less than two (2) times the height of any
proposed building or structure when such building or structure is within one hundred fifty (15 0)
feet of any single-family residential zone boundary (other than property under a resolution of
intent to any commercial zone), or, for property located south of Orangewood Avenue, within one
hundred -fifty (150) feet of any multi -family residential zone boundary (other than property under
a resolution of intent to any commercial zone), or property within the Specific Plan area
encompassed by the MHP Overlay as shown on Exhibit 3.3.2a (Mobilehome Park (MHP) Overlay
Zone.)
0514 Kitchens or kitchenettes in hotel or motel guest rooms or suites.
.0515 Massage establishments, integrated within a hotel or motel only, for which a
permit is required pursuant to Chapter 4.29 (Baths, Sauna Baths, Massage Establishments and
Similar Businesses) of the Anaheim Municipal Code.
0516 Museums.
.0517 Non -publicly operated convention centers including exhibition halls and
auditoriums.
.0518 Office buildings when accessory to, and integrated as part of, an on-site
permitted primary or conditional use.
0519 Outdoor recreational playground areas in conjunction with permitted primary
uses and structures.
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.0520 Radio and television studios, which may include accommodations for
filming/taping in front of live audiences.
.0521 Recreational vehicle and campsite parks limited to use for short-term visits, not
to exceed thirty (30) days in any calendar year, by tourists and visitors.
.0522 Restaurants (with public entertainment pursuant to and as defined in Chapter
18.92 (Definitions), walk-up only or fast food only).
.0523 Signs as provided for in paragraph 18.116.130.060.0602 (Conditionally
Permitted Signs).
.0524 Skating rinks.
.0525 Specialty retail centers in which all goods and services are oriented, marketed
and intended for tourist, visitor and/or recreational consumers and not oriented to the general
public. Such centers shall consist of a minimum of five (5) acres, have integrated management,
and shall have a "festive theme" orientation, and:
.01 Plazas and/or other pedestrian -oriented amenities shall be part of the
center's design as set forth in the Design Plan.
.02 Land uses may include, but need not be limited to: custom print and art
shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing
stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies,
muffins, etc.) for on -premises sale or consumption; floral shops; luggage and accessory shops;
jewelry stores; sale of beer and wine for off -premises consumption; sale of alcoholic beverages
for on -premises consumption; entertainment facilities; and amusement arcades, subject to the
provisions of Chapter 4.14 (Amusement Devices). A complete listing of proposed uses shall be
submitted with every conditional use permit application.
.0526 Structures within one hundred fifty (150) feet of any single-family residential
zone boundary (other than property under a resolution of intent to any commercial zone), or, for
property located south of Orangewood Avenue, within one hundred fifty (150) feet of any multi-
family residential zone boundary (other than property under a resolution of intent to any
commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as
shown on Exhibit 3.3.2a, (Mobilehome Park (MHP) Overlay Zone) exceeding a height equal to
one-half (%) the distance from said building or structure to said zone or overlay boundary.
Dedicated streets shall be included in calculating distance.
.0527 Theaters, including dinner, legitimate or motion picture theaters, performance
theaters or clubs, and indoor or outdoor amphitheaters.
.0528 Transportation facility, as defined in paragraph 18.116.030.070 ('T' Words,
Terms and Phrases) of this chapter; helistops, as defined in Chapter18.92 (Definitions) (excluding
heliports); provided that any such station or helistop shall be located a minimum of one thousand
(1,000) feet from any residentially zoned property.
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.0529 Uses or activities not listed, nor specifically prohibited, in this chapter which
are determined by the Planning Commission to be consistent and compatible with the intended
purpose of the Specific Plan.
.0530 Vacation ownership resorts subject to compliance with the requirements of
Section 18.116.120 (Requirements for Vacation Ownership Resorts).
0531 Outdoor Food and/or Beverage Carts, in conjunction with a hotel and subject to
the following conditions:
.01 The design of the cart shall be compatible with the architectural design
and/or theme of the hotel.
areas.
02 The cart shall not be permitted to encroach into any required setback
.03 One (1) non -illuminated business identification sign, not exceeding four
(4) square feet in area with a maximum letter and/or logo height of 10 -inches, may be displayed
on or below the valance of the roof canopy.
.04 One (1) menu pricing sign, not to exceed 12 -inches in width by 18 -
inches in height, may be displayed on the cart below the roof canopy.
.05 One (1) trash receptacle shall be provided adjacent to the cart. The
trash receptacle shall be decorative and designed to complement the design of the cart. The trash
receptacle and the area around the cart shall be permanently maintained and kept clean by the cart
operator.
.06 The precise size, number and location of carts shall be determined by
conditional use permit, provided that the cart(s) shall not be visible from the public right-of-way.
07 All equipment, products and/or supplies shall be stored wholly on or
inside the cart at all times.
.08 When not in use, all carts shall be stored in an on-site commissary
approved by the Orange County Health Department and specifically shown on plans submitted in
connection with a conditional use permit. Such commissary shall be fully enclosed and shall not
be visible from any public right-of-way or adjacent properties.
.09 The cart operator shall obtain all applicable State and/or local licenses
and/or permits and shall prominently display such current and valid licenses and/or permits on the
cart at all times.
Code."
0532 Public Dance Hall as defined in Chapter 4.16 of the Anaheim Municipal
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.
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SECTION 4. SEVERABILITY
The City Council of the City of Anaheim declares that should any section,
paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be
invalid, it is the intent of the Council this it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 5. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or amendment of any other
ordinance of this City shall in any manner affect the prosecution for violations of ordinances,
which violations were committed 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 25th day of January , 200 5; and thereafter passed
and adopted at a regular meeting of said City Council held on the 8th day of Feb. , 2005,
by the following roll call vote:
AYES: Mayor Pringle, Council Yerbers Sidhu, Chavez, Hernandez, Galloway
NOES: clone
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
56573 0/mgordon/ 12.03.04
7
CITYOF AHEIM
By
M R OF TH CIT OF ANAHEIM
FEB -10-2-005 14:34
OCP
ORDINANCE NO. 59S4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AHANEIII AMENDING CHAPER 16.116
OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE
AMENDMENT NO.6 TO THE
ANAHEIM RESORT SPECIFIC PLAN NO. 2=1
This ordinance amends Subpart -0505 of Subsection
050 of Section 18.116.070 of Title 18 of the Anaheim City
Zoning Code, the Anaheim Resort Specific Plan, to permit
the establishment of a convenience market, with or without
the sale of beer and wine for oft -premises consumption, in
conjunction with a relocated service station facility as a con-
ditionally permitted use, provided the service station has
been relocated from a location within the boundary of the
Specific Plan having frontage on Harbor Boulevard to a loca-
tion not fronting Harbor Boulevard.
I, Sheryl Schroeder, City Clark of the City of Anaheim,
do hereby certify that the foregoing isintroduced
summary of Ordi-
nance No. 5954 which ordinance was at a regu-
lar meeting of the City Council of the City of Anaheim on the
25th day of January. 2005 and was duly passed and adopt-
ed at a regular meeting of said Council on the 6th day of
February, 2005 by the following rolt cal! vote of the mem-
bersthereof:
AYES: Mayor Pringle, Council Members: Galloway,
Chavez, Hernandez, Sidhu
NOES: None
ABSENT: None
The above summary is a brief description of the subject
matter contained in the text of Ordinance No. 5954, which
has been prepared pursuant to Section 512 of the Charter of
the City al Anaheim. This summary does not include or de-
scribe 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, please
contact the Office of the City Clark. (714) 765-5166, between
8:00 AM and 5:00 PM. Monday through Friday. There is no
charge for the copy.
Publish: Anaheim Bulletin
February 17, 2005
25-149 6547448
7147963692
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