5685ORDINANCE NO. 5685
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING SPECIFIC PLAN ADJUSTMENT NO. 1 TO THE ANAHEIM
RESORT SPECIFIC PLAN NO. 92-2, AMENDING ORDINANCE NO.
5453, AND AMENDING SUBSECTION 18.48.070.090 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 the establishment of Zoning
and Development Standards for the Anaheim Resort Specific Plan
No. 92-2 by the addition of Chapter 18.48 to said Code; and
WHEREAS, on June 3, 1997, the City Council adopted
Ordinance 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, on March 2, 1999, the City Council adopted
Resolution No. 99R-37 relating to General Plan Amendment No. 342,
which amendment revised the City of Anaheim General Plan by
deleting Convention Way between Harbor Boulevard and West Street
as a Primary Arterial Highway; and
WHEREAS, the proposed adjustment relates to standards
addressing setback and yard requirements to reflect the local
street status of Convention Way resulting from the adoption of
General Plan Amendment No. 342; and
WHEREAS, on March 29, 1999, the Anaheim City Planning
Commission considered and approved the proposed Adjustment No. 1
and recommended to the City Council that it adopt an ordinance
incorporating said proposed adjustment; 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 CEQA
under CEQA Guidelines Section 15061(b)(3), which provides that
where it can be seen with 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
DOES ORDAIN THAT ORDINANCE NO. 5453 BE, AND THE SAME IS HEREBY,
AMENDED TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN CHAPTER
18.48 OF THE ANAHEIM MUNICIPAL CODE AS FOLLOWS:
SECTION 1.
That subsection .090 of Section 18.48.070 of Chapter
18.48 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".090 Structural Setback and Yard Requirements.
Buildings and structures within this Specific Plan area
shall be provided with open yards and setbacks extending
across the full width of the property as provided herein.
All setbacks shall be fully landscaped, irrigated, and
maintained in a manner in compliance with the Design Plan.
The following minimum setback requirements shall apply to
permanent buildings and structures constructed within this
Zone, except as otherwise provided in paragraph
18.48.070.120.1208, entitled "SPECIAL INTERSECTION LANDSCAPE
TREATMENT," and elsewhere in this Chapter.
.0901 Setbacks — Abutting Public Rights -of -Way.
Such setbacks shall be measured from the ultimate planned
right-of-way as designated on the Circulation Element of the
General Plan and as further described in Sections 4.0
(Public Facilities Plan) and 5.0 (Design Plan) of the
Anaheim Resort Specific Plan document.
(a) Lots abutting Katella Avenue between Walnut Street
and Interstate 5 (Santa Ana Freeway) shall have a minimum
fully landscaped front yard setback of eleven (11) feet.
(b) Lots abutting Harbor Boulevard between Interstate
5 and Orangewood Avenue shall have a minimum fully
landscaped front yard setback of twenty-six (26) feet.
(c) Adjacent to the following major, primary and
secondary roads within the Specific Plan area, the minimum
setback for buildings seventy-five (75) feet tall or less
shall be twenty (20) feet; for buildings greater than
seventy-five (75) feet, the minimum setback shall be thirty
(30) feet:
VA
(1) Ball Road.
(2) Clementine Street.
(3) Freedman Way.
(4) Harbor Boulevard, north of Interstate 5.
(5) Haster Street/Anaheim Boulevard.
(6) Manchester Avenue.
(7) Orangewood Avenue.
(8) Pacifico Avenue (Alignment shown on the
Circulation Element of the City of
Anaheim General Plan).
(9) West Street/Disneyland Drive, north of
Ball Road.
(10) West Street, south of Katella Avenue.
(d) Adjacent to local streets within the Specific Plan
area, the minimum setback for buildings thirty-five (35)
feet tall or less shall be ten (10) feet; for buildings
greater than thirty-five (35) feet, the minimum setback
shall be twenty (20) feet. Local streets include:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Alro Way.
Casa Vista Street.
Mountain View Avenue.
Ox Road.
Vermont Avenue.
West Place (Portion
of Ball Road within
area).
Zeyn Street.
of West Street south
the Specific Plan
(e) For West Street/Disneyland Drive between Katella
Avenue and Ball Road, the minimum setback shall be nineteen
(19) feet.
(f) Adjacent to Walnut Street, the minimum setback
shall be thirty (30) feet.
(g) Adjacent to Convention Way, the minimum setback
for buildings seventy-five (75) feet tall or less shall be
twenty (20) feet; for buildings greater than seventy-five
(75) feet, the minimum setback shall be thirty (30) feet.
.0902 Setback Adjacent to Interstate 5 (Santa Aria
Freeway). A minimum ten (10) foot wide fully landscaped
area shall be provided on any private property located
immediately adjacent to the ultimate right-of-way line of
Interstate 5.
3
.0903 Interior Structural Setback and Yard
Requirements. A minimum ten (10) foot wide fully landscaped
setback shall be required within the area abutting any
interior lot property lines; except that when an interior
lot property line is within one hundred fifty (150) feet of
any single-family or multiple -family residential zone
(excepting an RS -A-43,000 Zone, which has a resolution of
intent to a zone other than residential) or any property
encompassed by the MHP Overlay, an open side yard setback
area, with not less than twenty (20) feet of landscaping
adjacent to the property line, equal to two (2) times the
height of any proposed building or structure as measured to
the highest point of the building, including any penthouse
or other structure, shall be provided. Such setbacks shall
be measured from the interior property line. Setbacks less
than two (2) times the height of any proposed building or
structure may be permitted subject to the approval of a
conditional use permit as set forth in subsection
18.48.070.050 entitled "CONDITIONAL USES AND STRUCTURES" of
this chapter."
SECTION 2. 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 this 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 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
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 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 4. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
4
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 therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim thisl8th day of
May , 1999.
MAY R OF THE CITY OF NAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
29932.1\smann\032399 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5685 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 11th day of May, 1999, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 18th day of May, 1999, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5685 on the 18th day of May, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 18th day of May, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Ordinance No. 5685 and was published once in the North County News on the 27th
day of May, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
PROOF 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 twenty
one 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 riot in any supplement thereof on
the following dates, to wit:
May 27, 1999
"I certify (or declare) under the penalty of perjury
under the laws of the State of California that the
foregoing is true and correct
Date May 27, . 19 99
Signature
Anaheim Bulletin
1771 S. Lewis St.
Anaheim, CA 92805
(714) 634-1567
This space is for the County Clerk's Filing Stamp
�Flr �--
Proof of Publication of
'0011iMiE OF A00" ON of e' WNWACF
no. 66". At their regular mee� gy
held IiAay 18, 1999, the Anaheim City Col roil
voted on adptlon of this Ordinance with'the
following resWf.
Ayes: Feldhaus, Kring, McCracken, Tait,
and Doty
Noes: None
Abstain: None
Absent: Norte
This ordinance approve$ Specific Plan A44ust-
ment No. 1 toAnaheim Resort Specific Pion 92-
2, Am CNdlnaf►ce No. 6463, and
amondfnge action 18.48.070.094 of the An-
aheim Municipal Code.
If you wish a full copy of the text of the above
Ordinance. pteose call tter Office of the City
Clerk of Andheim, 765.51156, between 8:00
a.m. and 5:00 p.m. Monday through Friday.
There is no charge for the copy.
Publish: Anaheim Bulletlh
May 27, 1999
25-772
5JU200400
PROOF OF PUBLICATION