5703ORDINANCE NO. 5703
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT
NO. 2 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. 92-1 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, 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petition was subsequently withdrawn by the applicant at the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 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 No. 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 .73 -acre parcel into the Anaheim Resort Specific
Plan No. 92-2 Zone; and
WHEREAS, the proposed adjustment relates 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 August 30, 1999, the Anaheim City Planning
Commission considered and approved the proposed Adjustment No. 2
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 add subparagraph (h) to paragraph .0901), to
read as follows:
NN
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.
FF
(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:
(1) Ball Road.
(2) Clementine Street.
(3) Freedman Way.
(4) Harbor Boulevard, north of Interstate 5.
(5) Haster Street/Anaheim Boulevard.
(6) Manchester Avenue (between Harbor Boulevard
and Clementine Street).
(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) Alro Way.
(2) Casa Vista Street.
(3) Mountain View Avenue.
(4) Ox Road.
(5) Vermont Avenue.
(6) West Place (Portion of West Street south of
Ball Road within the Specific Plan area).
(7) Zeyn Street.
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(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.
(h) Adjacent to Manchester Avenue between Katella
Avenue and the southern boundary of the Anaheim
Resort Specific Plan Area, the minimum setback
shall be twenty (20) feet.
.0902 Setback Adjacent to Interstate 5 (Santa Ana
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.
.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."
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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. SAVING 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 any 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.
R
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 21-,t-- day of September
1999.
MAYOR OF THE CITY OF JIAHEIM
ATTEST:
21aiae.L OU4-00-�
CITY CL K OF THE CITY OF ANAHEIM
32284.1\SMANN
6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5703 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 14th day of September, 1999, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 21st day of September, 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. 5703
on the 21 st day of September 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 21 st day of September, 1999.
CITY CLER OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5703 and was published once in the North County News on the
30th day of September, 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 not in any supplement thereof on
the following dates, to wit:
.� .jj0 sss
" 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 September 30 , 1999
Signature
Anaheim Bulletin
1771 S. Lewis St.
Anaheim, CA 92805
(714) 634-1567
This space is for the County Clerk's Filing Stamp
Proof of Publication of
LEGAL NOVICE
NOTICE OF ADOFTION,Of OjEWNANCE
ORDINANCE NO. 5703. At their regular meetling
held September 21, 1999, the AAnaheim City
Council voted on adoption of this Ordinance
with the following result:
Ayes: Feldhaus, Kring, Tait, McCracken,
and Daly
Noes: None
Abstain: None
Absent. None
This ordinance is approving the Specific Plan
Adjustment No. 2 to the Anaheim Resort Spe-
cific Plan No. 92-2, Amending Ordinance No.
5453, and Amending Subsection
18.48.070.090 of the Anaheim Municipal
code.
If you wish a full copy of the text of the above
Ordinance, please call the Office of the City
Clerk of Anaheim, 765-5166, between 8:00
a.m. and 5:00 P.M. Monday through Friday.
There Is no charge for the copy.
Published: Anaheim Bulletin
September 30, 1999 25-1301
9NU201600
PROOF OF PUBLICATION