6033ORDINANCE; NO. 6033
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AMENDMENT NO.
3 TO THE NORTHEAST AREA SPECIFIC PLAN NO.
94-1 AND AMENDING ORDINANCE NO. 5518
ACCORDINGLY (SPN2006-00035).
WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly,
Chapter 18.93) of the Anaheim Municipal Code, on August 22, 1995, the City Council of the
City of Anaheim adopted Ordinance No. 5518 relating to reclassification of certain real property
described therein into the Specific Plan 94-1 Zone subject to certain conditions as specified
therein; and
WHEREAS, pursuant to the procedures set forth in Chapter 18.72 of the Anaheim
Municipal Code, on August 22, 1995, the City Council of the City of Anaheim adopted
Ordinance No. 5517 amending the Anaheim Municipal Code relating to the establishment of
zoning and development standards for Specific Plan No. 94-1 by addition of Chapter 18.110 to
said Code; and
WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5563
amending Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive
vehicle repair as conditional uses in Development Area 4 "Transit Core" of the Northeast Area
Specific Plan ("Adjustment No. V); and
WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5564
amending Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive
vehicle repair as conditional uses in Development Area 4 "Transit Core" of the Northeast Area
Specific Plan ("Adjustment No. 2"); and
WHEREAS, on June 11, 1996 the City Council adopted Ordinance No. 5565
amending Ordinance No. 5517 and Chapter 18.110 pertaining to eating and drinking
establishments in the Northeast Area Specific Plan ("Adjustment No. 3"); and
WHEREAS, on August 20, 1996 the City Council adopted Ordinance No. 5574
amending Ordinance No. 5517 and Chapter 18.110 relating to deleting a time limitation for
churches in the Northeast Area Specific Plan ("Adjustment No. 4"); and
WHEREAS, on January 11, 2000 the City Council adopted Ordinance No. 5714
amending Ordinance No. 5517 and Chapter 18.110 relating to self service laundries in the
Northeast Area Specific Plan ("Adjustment No. 5"); and
WHEREAS, on April 18, 2000 the City Council adopted Ordinance No. 5728
amending Ordinance No. 5518 and Chapter 18.110 to amend the boundaries of Development
Area 5 (Commercial Area) and Development Area 2 (Expanded Industrial Area) at the northwest
corner of La Palma Avenue and Hancock Street in the Northeast Area Specific Plan
("Amendment No. 1 "); and
WHEREAS, on April 24, 2001 the City Council adopted Ordinance No. 5761
amending Ordinance No. 5517 and Chapter 18.110 relating to asphalt and concrete processing in
the Northeast Area Specific Plan ("Adjustment No. 6"); and
WHEREAS, on May 1, 2002 the City Council adopted Ordinance No. 5767
amending Ordinance No. 5517 and Chapter 18.110 relating to requirements for freeway -oriented
signs in the Northeast Area Specific Plan ("Adjustment No. 7"); and
WHEREAS, on August 6, 2002 the City Council adopted Ordinance No. 5817
amending Ordinance No. 5517 and Chapter 18.110 to allow hospitals as conditional uses
Development Area 3 (La Palma Core) and Development Area 4 (Transit Core) in the Northeast
Area Specific Plan ("Adjustment No. 8"); and
WHEREAS, on June 17, 2003 the City Council adopted Ordinance No. 5865
amending Ordinance No. 5517 and Chapter 18.110 to allow new vehicle conversions in
Development Area 3 (La Palma Core) in the Northeast Area Specific Plan ("Adjustment No. 9");
and
WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5923
amending Ordinance No. 5518 and Chapter 18.110 to amend the Northeast Area Specific Plan
94-1 and certain Development Area boundaries ("Amendment No. 2"); and
WHEREAS, this is a City -initiated petition for Amendment No. 3 to the Northeast
Area Specific Plan (Anaheim Canyon Business Center) relating to nine (9) properties situated on
8.8 acres with frontages on East Miraloma Avenue and North Red Gum Street. Property
addresses include 2926, 2940, 2983 and 2985 East Miraloma Avenue and 1260, 1310, 1320,
1330 and 1340 North Red Gum Street (from DA 5 to DA 1); and
WHEREAS, as part of General Plan Amendment No. 2005-00431, the General
Plan land use designations for the area is proposed to change from General Commercial to
General Industrial to General Industrial; and that this amendment to the Northeast Area Specific
Plan would amend the development area boundaries to reflect the revised General Plan land use
designations; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on July 10, 2006, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
Amendment No. 3 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, The Anaheim City Planning Commission, after due consideration,
inspection, investigation and study made by itself and on its behalf, and after due consideration
4
of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2006-67
finding and recommending City Council adoption of Amendment No. 3 to Specific Plan No. 94-
1 - amending certain development area boundaries as specifically shown on Attachment A
attached hereto and incorporated herein by this reference; and
WHEREAS, upon receipt of said Resolution, summary of evidence, report of
findings and recommendations of the Anaheim City Planning Commission, the City Council did
fix the 8th of August, 2006, as the time, and the City Council Chambers in the Civic Center as
the place for a public hearing on said proposed Amendment No. 3 to Specific Plan No. 94-1 and
did give notice thereof in the manner and as provided by law; and
WHEREAS, the City Council did duly hold and conduct said public hearing and
did give all persons interested therein an opportunity to be heard, and did receive evidence,
testimony and reports, and the recommendations and findings of the Anaheim City Planning
Commission, as set forth in Planning Commission Resolution No. PC2006-67, and
WHEREAS, the City Council desires to amend the specific plan to reclassify said
properties as described above, and to amend certain exhibits in the specific plan accordingly; and
WHEREAS, the City Council has complied with the procedures set forth in
Chapter 18.72 of the Anaheim Municipal Code; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act ("CEQA"), on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004-94,
certified Final Environmental Impact Report No. 330, adopting Findings of Fact and Statement
of Overriding Considerations, Mitigation Monitoring Program No. 122 for General Plan
Amendment No. 2004-00419, the amended monitoring program described as Mitigation
Monitoring Program No. 112 for The Platinum Triangle, and the amended monitoring program
described as Mitigation Monitoring Program No. 85a for The Anaheim Resort; determined that
said Final Environmental Impact Report No. 330 fully complies with CEQA, reflects the
independent judgment of the City Council, and is adequate to serve as the environmental
documentation for (i) General Plan Amendment No. 2004-00419, (ii) Zoning Code Amendment
No. 2004-00029, (iii) Reclassification No. 2004-00117, (iv) Amendment No. 5 to the Anaheim
Resort Specific Plan No. 92-2, (v) Amendment No. 2 to the Northeast Area Specific Plan No. 94-
1, and (vii) future discretionary actions described in Environmental Impact Report No. 330, such
as Amendment No. 3 to the Northeast Area Specific Plan No. 94-1.
ki
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Ordinance No. 5518 be, and the same is hereby, amended as described above
and as specifically shown on Attachment A, which is incorporated herein by this reference, and
the Planning Department is hereby directed to amend the City Zoning Map showing the changes
hereby approved and adopted subject to the following conditions:
1. That completion of these reclassification proceedings to amend the Northeast Area
Specific Plan 94-1 is contingent upon the City Council's adoption of General Plan Amendment
No. 2005-00431.
2. That development and use of the property in the Northeast Area Specific Plan area shall
be subject to compliance with all applicable mitigation measures included in Mitigation
Monitoring Program No. 122 in conformance with the requirements of Section 21081.6 of the
California Public Resources Code.
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 if 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 provisions
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
4
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.
SECTION 5. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said City, and thirty (30) days from
and after its final passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 8th day of August , 2006, and
thereafter passed and adopted at a regular meeting of said City Council held on the 12th day
Of September , 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM 14
By7� eof
MAYOR OF THE ANAHEIM
ATTEST:
i
C Y C LERk 6F TfIE CITY OF ANAHEIM
62680.v 1 /MGordon
Attachment A
Amendment No. 3 to the Northeast Area Specific Plan (SP94-1)
(Tracking No. SPN 2006-00035)
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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 21, 2006
"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
Date: September 21, 20060
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO. 6033 -
AN ORDINANCE OF THE CITY COU' OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO.. THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1
AND AMENDING ORDINANCE NO. 5518 JRDINGLY (SPN2006-00035). tt
to the
edures
h in
18.72
Ana-
heim adopted
WHEREAS,
ce No. 5518orelat ng to reclassification onpofrcerta certain (formerly,
rty descr beter tl there n into f the the Speeifioplao 941 on Zone subjec{to certaihn conditions ons as specified of eAein;
and
WHEREAS, Pursuant to the procedures set forth in Chapter 18.72 of the Anaheim Municipal Code, on Auguat 22, 19%. the City CounclI of the City of Anaheim adopt Ordinance
No. 5517 amending the Anaheim Municipal Code relating to the establishment of zvfiIng and development standards for Specific Plan No. 841 by addition of Chapter 18.110 to said
Code; and
WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5563,amendina Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive vehicle re-
pair as conditional uses in Development Area 4 'Transit Core" of the Northeast Area Specific Plan ("Adjustment No. I*); and
WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5564 amending Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive vehicle re-
pair as conditional uses in Development Area 4 'Transit Core' of the Northeast Area Specific Plan ("Adjustment No. 2")
; and
WHEREAS on June 11, 1996 the City Council adopted Ordinance No. 5565 amending Ordinance No. 5517 and Chapter 18.110 pertaining to eating and drinking establishments in
the Northeast Area Specific Plan ('Adjustment No. 3'); and
WHEREAS, on August 20,1996 the City Council adopted Ordinance No. 5574 amending Ordinance No. 5517 and Chapter 18.110 relating to deleting a time limitation for churches in
the Northeast Area Specific Plan ("Adjustment No. 4"); and
WHEREAS, on January 11, 2000 the City Council adopted Ordinance No. 5714 amending Ordinance No. 5517 and Chapter 18.110 relating to sent as laundries in the Northeast
Area Specific Plan ("Adjustment No. 5"); and
WHEREAS, on April 18, 2000 the City Council adopted Ordinance No. 5728 amending Ordnance No. 5518 and Ch 18.110 to amend the boundaries of DeveiTment Area 5
(Commercial Area) and Development Area 2 (Expanded Industrial Area) at the northwest comer of La Palma Avenue and Hancock Street in the Northeast Area Specific Ian ('Amend-
ment No. t'); and
WHEREAS, opnecificlPlan ("Adjustme2001 the nt No. 6�; and Ordinance No. 5761 amending Ordinance No. 5517 and.Chepter 18.110 relating to asphalt and concrete processing in the
Northeast Area S ifi )
WHEREAS, on May 1, 2002 the City Council do ted Ordinance No. 5767 amending Ordinance No. 5517 and Chapter 18.110 relating to requirements for.freeway-oriented signs in
the Northeast Area Specific Plan ("Adjustment No. 7' and
WHEREAS, on August 6, 2002 the City Council adopted Ordinance No. 5817 amending Ordinance No. 5517 and Chapter 18.110 to allow hospitals as conditional uses Development
Area 3 (La Palma Core) and Development Area 4 (Transit Core) in the Northeast Area Specific Plan ('Adjustment No. 8"); and
WHEREAS, on June 17, 2003 the City Council adopted Ordinance No. 5865 amending Ordinance No. 5517 and Chapter 18.110 to allow new vehicle conversions In Development
Area 3 (La Palma Core) in the Northeast Area Specific Plan ('Adjustment No. 9"); and
WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5923 amending Ordnance No. 5518 and Chapter 18.110 to amend the Northeast Area Specific Plan 94.1 and
certain Development Area boundaries ("Amendment No. 2'); and
WHEREAS, this is a City -initiated petition for Amendment No. 3 to the Northeast Area Specific Plan (Anaheim Canyon Business Center) relating to nine (9) properties situated on 8.8
acres with frontages on East Mirtoma Avenue and North Red Gum Street. Property addresses include 2926, 2940, 2983 and 2985 East Mira(oma Avenue and 1260,1310', 1320, 1330
and 1340 North Red Gum Street (from DA 5 to DA 1); and
WHEREAS, as part of General Plan Amendment No. 2005-00431, the General Plan land use designations for the area is proposed to change from General Commercial to General
Industrial to General Industrial; and that this amendment to the Northeast Area Specific Plan would amend the development area boundaries to reflect the revised General Plan land
use designations; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 10, 2006, at 2:30 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
Amendment No. 3 and to investigate and make findings and recommendations in connection therewith; and made y
WHEREA
The
Commission
fter due
evidence andseports ffered t said hearing, did adopt its Resolution No. PC2006-67 finding and recommending ding Ciand ty Council adoptonitself don its of Amendmenand after due t No 3 to Specific Plan allo. 94-111
amending certain development area boundaries as specifically shown on Attachment A attached hereto and incorporated herein by this reference; and
WHEREAS, upon receipt of said Resolution, summary of evidence, report of findings and recommendations of the Anaheim City Planning Commission, the City Council did fix the
8th of August, 2006, as the time, and the City Council Chambers in the Civic Center as the place for a public hearing on said proposed Amendment No. 3 to Specific Plan No. 94-1 and
did give notice thereof in the manner and as provided by law; and
WHEREAS, the City Council did duly hold and conduct said public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence, -testimo-
ny and reports, and the recommendations and findings of the Anaheim City Planning Commission, as set forth in Planning Commission Resolution No. PC2006-67, and
WHEREAS, the City Council desires to amend the specific plan to reclassify said properties as described above, and to amend certain exhibits in the specific plan accordingly; and
WHEREAS, the City Council has complied with the procedures set forth in Chapter 18.72 of the Anaheim Municipal Code; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act("CEQA"), on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004-94, certified Fi-
nal Environmental Impact Report No. 330, adopting Findings of Fact and Statement of Overridingg Considerations, Mitigation Monitoring Program No. 122 for General PlanAmendment
No. 200400419, the amended monitoring program described as Mitigation Monitoring Program Na. 112 for The Platinum Triangle, and the amended monitoring program described as
Mitigation Monitoring Program No. 85a for The Anaheim Resort; determined that said Final Environmental Impact Report No. 330 -fully complies with CEQA, reflects the independent
judgment of the City Council, and is adequate to serve as the environmental documentation for (i General Plan Amendment No. 2004 00419, as(it Zoning Code Amendment No. independent
00029, (iii) Reclassification No. 2004-00117, (iv) Amendment No. 5 to the Anaheim Resort Specific Plan No. 92.2, (v) Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and
(vii) future discretionary actions described in Environmental Impact Report No. 330; such as Amendment No. 3 to the Northeast Area Specific Plan No. 941.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Ordinance No. 5518 be, and the same is hereby, amended as described above and as specifically shown on Attachment A, which is incorporated herein by this reference, and
the Planning Department is hereby directed to amend the City Zoning Map showing the changes hereby approved and adopted subject to the following conditions:
1. That completion of these reclassification proceedings to amend the Northeast Area Specific Plan 94-1 is contingent upon the City Council's adoption of General Plan Amendment No.
2005-00431.
2.That development and use of the property in the Northeast Area Specific Plan area shall be sub'ect to compliance with all applicable mitigation measures included in Mitigation Moni-
toring Program No. 122 in conformance with the requirements of Section 21081.6 of the California �ublic Resources Code. _
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of chis 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 passedYall other portions of this ordinance independent of the elimination herekom 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 if 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 unlawf11 ul for any person, firm or corporation to violate any provisions ar to fail to comply with an of the requirements of this ordinance. Any person, firm or corporation vi -
ft 0 not exceeding One Thousand DollarrOld hence s Is"
$ ng to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a
( 000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation
rovision of h s
shall be deemed guilty of a separate offense for each day dui ng 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.
SECTION S. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its do ton in the Anaheim Bulletin, a newspa-
per of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 8th day of August, 2006, and thereafter passed and
adopted at a regular meeting of said City Council held on the 12th day of September, 2006, by the following roll call vote: +-
AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway.
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By /s/ Curt Pringle
ATTEST: MAYOR OF THE CITY OF ANAHEIM
/a/ Sheryll Schroder 3
CITY CLERK OF THE CITY OF ANAHEIM -