6036ORDINANCE NO. 6036
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AMENDMENT NO. 7 TO THE
ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, AMENDING
ORDINANCE NO. 5453, AS PREVIOUSLY AMENDED, AND
AMENDING ZONING AND DEVELOPMENT STANDARDS
SET FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE.
WHEREAS, 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 18.1161 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withdrawn by the applicant at the January 26, 1999 City Council meeting; and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 18.1161 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 18.1161 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, on February 8, 2005 the City Council adopted Ordinance No. 5954
amending Ordinance No. 5453 relating to Amendment No. 6 to the Anaheim Resort Specific
Plan No. 92-2, which amendment modified the Zoning and Development Standards pertaining to
the establishment of mini-market/convenience markets as accessory uses in conjunction with a
relocated service station and prohibition of tow truck operations in conjunction with service
station facilities; and
WHEREAS, Amendment No. 7 to the Anaheim Resort Specific Plan No. 92-2
modifies the Zoning and Development Standards pertaining to the establishment of the Anaheim
Resort Residential (ARR) Overlay ("ARR Overlay Zone") to provide opportunities for the
development of residential units when fully -integrated within a minimum 300 -room full-service
hotel within certain areas of the Anaheim Resort Specific Plan No. 92-2 as shown on Attachment
"A" attached hereto and incorporated by this reference; and
WHEREAS, on June 12, 2006 the Anaheim City Planning Commission
considered the proposed Amendment No. 7 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 Ordinance No. 5453, as previously amended, be and the same is hereby,
amended to revise the Zoning and Development Standards in Chapter 18.116 (formerly, Chapter
18.48) of the Anaheim Municipal Code, as set forth below.
2
SECTION 2.
That Section .050 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"18.116.050 DEVELOPMENT AREAS.
The Specific Plan area encompasses two land use districts and two Overlay Zones as set
forth below:
.010 Commercial Recreation (C-R) District – Identified as Development Area 1 on
Exhibit 3.3.1a of the Specific Plan document entitled "Development Plan." Development
density areas for this district are set forth in Section 18.116.060 (Development Density Areas –
Commercial Recreation (C-R) District (Development Area 1)). Development regulations for this
district are set forth in this chapter.
.020 Public Recreation (PR) District — Identified as Development Area 2 on Exhibit
3.3.1a of the Specific Plan document entitled "Development Plan." Development Regulations for
this district are set forth in Section 18.116.110 (Land Use and Site Development Standards —
Public Recreation (PR) District (Development Area 2).
.030 Mobilehome Park (MHP) Overlay — MHP Overlay boundaries are identified on
Exhibit 3.3.2a of the Specific Plan Document entitled "Mobilehome Park (MHP) Overlay Zone."
Development Regulations for the MHP Overlay are set forth in Section 18.116.120 (Mobilehome
Park (MHP) Overlay).
.040 Anaheim Resort Residential (ARR) Overlay — ARR Overlay boundaries are
identified in Section 18.116.125.030. Development regulations for the ARR Overlay are set
forth in Section 18.116.125 (Anaheim Resort Residential (ARR) Overlay)."
SECTION 3.
That new Section 18.116.125 be, and the same is hereby, added to Chapter 18.116
of Title 18 of the Anaheim Municipal Code, to read as follows:
"18.116.125 ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY.
.010 Purpose. The purpose of the ARR Overlay is to provide the opportunity to
develop residential units in conjunction with high-quality, luxury hotels.
.020 Approval. Projects that are developed according to the standards of the ARR
Overlay require approval of a final site plan and a conditional use permit as provided for in
Section 18.116.040 and may require a development agreement as determined by the Planning
Director and processed according to the procedures set forth in Resolution No. 82R-565
(Procedures Resolution) adopted by the City of Anaheim pursuant to Section 65865 of the
Development Agreement statute.
3
.030 Location. The residential overlay boundaries are shown on Attachment A to
Ordinance No -6036 adopted on September 12th , 2006 (Amendment No. 7 to the Anaheim
Resort Specific Plan No. 92-2) and include those areas within the C-R District located east of
Anaheim Boulevard/Haster Street and those areas within the C-R District located south of
Wilken Way.
.040 Option to Use Underlying Zone. The provisions of this section shall not apply to
parcels that have been or are proposed to be developed entirely pursuant to the underlying C-R
District, provided that all requirements of the underlying District are met by the project except as
specifically approved otherwise by variance or other official action by the City.
.050 Residential Zone. The ARR Overlay shall not be considered a residential zone,
where such designation requires properties that develop adjacent to residential zones to meet
additional setback and height restrictions.
.060 Uses. Projects developed pursuant to the ARR Overlay shall include a minimum
three hundred (300) room full-service hotel that complies with California Civil Code Section
1940(b)(2); and may include any of the uses permitted or conditionally permitted in the
underlying C-R District. In addition, projects may include residential uses as accessory to the
hotel.
.070 Development Standards. All development standards established for the C-R
District shall be applicable to the ARR Overlay. Additional requirements are as follows:
.0701 New Construction. The Residential Overlay shall apply to new
construction only and not to projects that are renovations or remodels. The conversion of existing
hotels rooms to dwelling units is prohibited.
.0702 Integration of Uses. All residential units shall be physically integrated into
a hotel development as defined in Section 18.116.095.060.
.0703 Maximum Number of Residential Units. The project's total number of
residential units shall not exceed the proposed development's total number of hotel rooms.
.0704 Location of Residential Units. Adjacent to the public right-of-way,
residential units shall be located at least two floors or twenty-five (25) feet above ground -level.
.0705 Infrastructure and Service Impacts. The proposed development shall not
result in infrastructure impacts greater than those associated with the subject property's permitted
hotel/motel density, as allowed by the property's underlying C-R District density designation,
unless such impacts are duly analyzed and mitigated pursuant to subsequent environmental
review. Such impacts shall be determined through a sewer and traffic impact analysis to be
submitted to the City Engineer. Additional infrastructure studies may be required as determined
by the Planning Director.
.0706 Parking. Due to variations in parking demand and the needs of each
project, vehicle parking requirements, the demand for drop-off and pick-up locations and the
design of the parking areas, including ingress and egress, shall be determined as part of the final
4
site plan review based upon information contained in a parking demand study prepared by an
independent traffic engineer, as approved by the City of Anaheim. The parking demand study
shall be prepared at the property owner/developer's expense and provided as part of the final site
plan application. Parking spaces specifically designated for non-residential and residential uses
shall be marked by the use of posting, pavement markings, and/or physical separation. Parking
design shall incorporate separate entrances and exits or a designated lane for residents.
.0707 Floor Area. The minimum floor area for residential units is shown in
Table 116-J (Minimum Floor Area: Anaheim Resort Residential (ARR) Overlay Zone). For
purposes of this section, a "bedroom" is a private habitable room planned or used for sleeping,
separated from other rooms by a door or a similar partition. Further, all rooms (other than a
living room, family room, dining room, bathroom, hall, lobby, closet, or pantry) having seventy
(70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any
wall open to an adjacent room or hallway, shall be considered a "bedroom."
Table II6-J
MINIMUM FLOOR AREA:
ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY ZONE
Minimum Floor Area
Studio units: 600 square feet. The number of studio units shall not exceed 20% of the total
number of residential units
One -bedroom units: 700 square feet
Two-bedroom units: 825 square feet
Three-bedroom units: 1,000 square feet
More than three- 1,000 square feet plus 200 square feet for each bedroom over three
bedroom units:
.0708 Minimum Landscape and Recreational -Leisure Areas. In addition to the
minimum landscape and open space required by Section 18.116.070.120.1207, recreational -
leisure area shall be provided equal to a minimum of ten (10) percent of the total area of the site.
This recreational -leisure area may be provided in private areas, common areas, or a combination
of both.
.01 Common Recreational -Leisure Areas. All common recreational -
leisure areas shall be conveniently located and readily accessible from all residential units
located on the building site and shall be integrated with and contiguous to other common areas
on the building site. The common recreational -leisure areas shall not include any required
setback areas, any driveways or parking areas, trash pickup or storage areas or utility areas.
Areas counted toward meeting this requirement may be located inside or outside the building,
subject to the approval of the Planning Director.
.02 Private Recreational -Leisure Areas. In order for private patios and
balconies to count toward the Recreational -Leisure Area requirement, they shall not be less than
thirty-five (35) square feet in area, with a minimum dimension of five (5) feet.
.0709 Loading Areas. Residential uses shall have one (1) off-street loading
space or moving plaza for every one hundred and fifty (150) units. Loading spaces or moving
plazas shall be located near entries and/or elevators and shall be incorporated into the design of
vehicular access areas. Decorative paving, removable bollards and potted plants are permitted
and encouraged to enhance loading spaces or moving plazas.
.0710 Private Storage Facilities. General storage cabinets with a minimum size
of one hundred (100) cubic feet capacity shall be required for each residential unit. Provision of
said storage areas shall be in addition to the minimum floor area of the unit. Storage areas may
be located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio, in close
proximity to the dwelling unit, or in close proximity to an elevator.
.0711 Security. Residential units shall be designed to ensure the security of
residents through the provision of secured access points/lobbies, entrances and exits that are
separate from the non-residential uses and are directly accessible to residential parking areas.
.0712 Restriction on Activities. Commercial uses shall be designed and operated,
and hours of operation limited, so that residents are not exposed to offensive noise, especially
from traffic, trash collection, routine deliveries or late night activity. No use shall produce
continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m.
.0713 Vibrations and Odors. No use, activity or process shall produce continual
vibrations or noxious odors that are perceptible without instruments by the average person at the
property lines of the site or within the interior of residential units or recreational -leisure areas on
the site.
.0714 Lighting. Outdoor lighting associated with commercial uses shall not
adversely impact residential uses, but shall provide sufficient illumination for access and security
purposes. Such lighting shall not blink, flash, or oscillate.
.0715 Windows. Residential windows shall not directly face loading areas and
docks. To the extent windows of residential units face each other or hotel rooms, the windows
shall be designed and/or oriented to maximize privacy."
SECTION 4.
That, except as expressly amended herein, Ordinance No. 5453, as previously
amended, shall remain in full force and effect.
11
SECTION 5. 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.
SECTION 6. 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 7. 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 22nd 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 OFHEIM
By g&Az� 0
MAYOR OF THE CITYaAAHEM
ATTESTi r'
C CLERK OF THE CITY OF ANAHEIM
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Attachment A
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Anaheim Resort Residential Overlay
Site A
Site B
The Anaheim Resort TM Boundary
\` The Anaheim Resort Specific Plan Boundary
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I ORDINANCE NO. 6036
ADINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 7 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, AMENDING ORDINANCE NO. 5453, AS PREVIOUSLI
-ENDING ZONING AND DEVELOPMENT STANDARDS SET FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE.
WHEREAS, on September 27, 1994, the City Council of the City of Anaheim adopted C ice No. 5454 amending the zoning map to reclassify certain real p y described therein into the Anaheim Resort S eci
subject to certain conditions as specified therein, and Ordinance No. 5453 relating to establisi i of Zoning and Development Standards for the Anaheim Resort Sp, Ian No. 92-2 by the addition of Chapter 18.48 [sub.
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
daries 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 conjuncti
service station, was denied by the Planning Commission on October 12, 1998 and the petition was subsequentlywithdrawn 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. t to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoi
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
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
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 a
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 Slander
fly renumbered as Chapter 18.116] of the Anaheim Municipal Code relating to temporary parking requirements; and
on April 26, 2004, the Cay 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 Zoi
h 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
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
3d the legal description and boundaries of the Anaheim Resort Speck plan by reclassifying and incorporating 27 -acres into the Anaheim Resort Specific Plan No. 92-2 Zone; and
on February 8, 2005 the City Council adopted Ordinance No. 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the Anaheim Resort Speck Plan No. 92-2, which amendment modified thi
iertaining to the establishment of mini-market/convenience markets as accessory uses in conjunction with a relocated service station and prohibition of tow truck oporations in conjunction with service station
Amendment No. 7 to the Anaheim Resort Specific Plan No. 92-2 modifies the Zoning and Development Standards pertaining to the establishment of the Anaheim Assort Residential (ARR) Overlay ("ARR Ov(
he development of residential units when fully -integrated within a minimum 300 -room full-service hotel within certain areas of the Anaheim Resort Specific Plan No. 92-2 as shown on Attachment "A" attach(
once; and
on June 12, 2006 the Anaheim City Planning Commission considered the proposed Amendment No. 7 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 Ordinance No. 5453, as previously amended, be and the same is hereby, amended to revise the Zoning and Development Standards in Chapter 18.116 (formerly, Chapter 18.48) of the Anaheim Municipal Code, as se
SECTION 2.
That Section .050 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
'18.116.050 DEVELOPMENT AREAS.
The Specific Plan area encompasses two land use districts and two Overlay Zones as set forth below:
.010 Commercial Recreation (C-R) District - Identified as Development Areal on Exhibit 3.3.1a of the Specific Plan document entitled "Development Plan." Development density areas for this district are set forth in Sec
opment Dens�'ty Areas -Commercial Recreation jC-R) District (Development Area 1)). Development regulations for this district are set forth in this chapter.
020 Public Recreation (PR) District -Identified as Development Area 2 on Exhibit 3.3.1a Of the Specific Plan document entitled "Development Plan." Development Regulations for this district are set forth in Section 18.
Site Development Standards -Public Recreafion (PR) District (Development Area 2).
030 Mobilehome Park (MHP) Overlay -MHP Overlay boundaries are identified on Exhibit 3.3.2a of the Specif c Pian Document entitled "Mobilehome Park (MHP) Overlay Zone." Development Regulations for the MHP
Section 18.116.120 (Mobilehome Park [MHP) Overiay).
040 Anaheim Resort Residential (ARR) Overlay -ARR Overlay boundaries are ident fled in Section 18.116.125.030. Development regulations for the ARR Overlay are set forth in Section 18.116.125 (Anaheim Resort Reside
SECTION 3.
That new Section 18.116.125 be, and the same is hereby, added to Chapter 18.116 of Title 18 of the Anaheim Municipal Code, to read as follows:
'18.116.125 ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY.
010Purpose. The purpose of the ARR Overlay is to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels.
.020 Approval. Projects that are developed according to the standards of the ARR Overlay require approval of a final site plan and a conditional use permit as provided for in Section 18.116.040 and may require a deve
determined y the Planning Director and processed according to the procedures set forth in Resolution No. 82R-565 (Procedures Resolution) adopted by the City of Anaheim pursuant to Section 65865 of the Development Ac
030 Location. The residential overlay boundaries are shown on Attachment A to Ordinance No. 6036 adopted on September 12th, 2006 (Amendment No. 7 to the Anaheim Resort Specific Plan No. 92-2) and include tii
R District located east of Anaheim Boulevard/Haster Street and those areas within the C-R District located south of Wilken Way.
.040 Option to Use Underlying Zone. The provisions of this section shall not apply to parcels that have been or are proposed to be developed entirely pursuant to the underlying C-R District, provided that all requirement
District are met by the project except as specifically approved otherwise by variance or other official action by the City.
050 Residential Zone. The ARR Overlay shall not be considered a residential zone, where such designation requires properties that develop adjacent to residential zones to meet additional setback and height restrictioi
.080 Uses. Projects developed pursuant to the ARR Overlay shall include a minimum three hundred (300) room full-service hotel that complies with California Civil Code Section 1940(b)(2); and may include any of the u:
tionally permitted in the underlying C-R District. in addition, projects may include residential uses as accessory to the hotel.
.070 Development Standards. All development standards established for the C-R District shall be applicable to the ARR Overlay. Additional requirements are as follows:
.0701 New Construction. The Residential Overlay shall apply to new construction only and not to projects that are renovations or remodels. The conversion of existing hotels rooms to dwelling units is prohibited.
.0702 Integration of Uses. All residential units shall be physically integrated into a hotel development as defined in Section 18.116.095.060.
.0703 Maximum Number of Residential Units. The projects total number of residential units shall not exceed the proposed development's total number of hotel rooms.
.0704 Location of Residential Units. Adjacent to the public right-of-way, residential units shall be located at least two floors or twenty-five (25)) feet above ground -level.
.0705 Infrastructure and Service Impacts. The proposed development shall not result in infrastructure impacts greater than those assoaated with the subject property's permitted hotel/motel density, as allowed by the
C-R District density designation, unless such impacts are duly analyzed and mitigated pursuant to subsequent environmental review. Such impacts shall be determined through a sewer and traffic impact analysis to be subs
neat. Additional infrastructure studies may be required as determined by the Planning Director.
0706 Parking. Due to variations in parking demand and the needs of each project, vehicle parking requirements, the demand for drop-off and pick-up locations and the design of the parking areas, including ingress ai
tenn
propined as part of the final site plan review based upon information contained in a parking demand study prepared by an independent traffic engineer, as approved by the City of Anaheim. The parking demand study sl
erty owner/developer's expense and provided as part of the final site plan application. Parking spaces specifically designated for non-residential and residential uses shall be marked by the use of posting, pavement ma
separation. Parking design shall incorporate separate entrances and exits or a designated lane for residents.
.0707 Floor Area. The minimum floor area for residential units is shown in Table 116-J (Minimum Floor Area: Anaheim Resort Residential (ARR) Overlay Zone1. For purposes of this section, a "bedroom" is a private habi
used for sleeping, separated from other rooms by a door or a similar partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hail, lobby, closet, or pantry) having seventy (70) square feet or
less than fitly percent (50 %) of the total length of any wall open to an adjacent room or hallway, shall be considered a "bedroom."
Table 116-J
MINIMUM FLOOR AREA:
ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY ZONE
Minimum Floor Area
Studio units: 600 square feet. The number of studio units shall not exceed 20% of the total number of residential units
One -bedroom units: 700 square feet
Two-bedroom units: 825 square feet
Three-bedroom units: 1,000 square feet
More than three-bedroom units: 1,000 square feet plus 200 square feet for each bedroom over three
.0708 Minimum Landscape and Recreational -Leisure Areas. In addition to the minimum landscape and open space required by Section 18.116.070.120.1207, recreational -leisure area shall be provided equal to a minin
of the total area of the site. This recreational -leisure area may be provided in private areas, common areas, or a combination of both.
.D1 Common Recreational -Leisure Areas. All common recreational -leisure areas shall be conveniently located and readily accessible from all residential units located on the building site and shall be integrated with
er common areas on the building site. The common recreational -leisure areas shall not include any required setback areas, any driveways or parking areas, trash pickup or storage areas or utility areas. Areas counted t
quirement may be located inside or outside the building, subject to the approval of the Planning Director.
.02 Private Recreational -Leisure Areas. In order for private patios and balconies to count toward the Recreational -Leisure Area requirement, they shall not be less than thirty-five (35) square feet in area, with a minimu
feet.
0709 Loading Areas. Residential uses shall have one (1) off-street loading space or moving plaza for every one hundred and fifty (150) units. Loading spaces or moving plazas shall be located near entries and/or ME
corporated into the design of vehicular access areas. Decorative paving, removable bollards and potted plants are permitted and encouraged to enhance loading spaces or moving plazas.
.0710 Private Storage Facilities. General storage cabinets with a minimum size of one hundred (100) cubic feet capacity shall be required for each residential unit. Provision of said storage areas shall be in addition to I
of the unit. Storage areas may be located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio, in close proximity to the dwelling unit, or in close proximity to an elevator.
.0711 Security. Residential units shall be designed to ensure the security of residents through the provision of secured access points/lobbies, entrances and exits that are separate from the non-residential uses and ar
residential parking areas.
.0712 Restriction on Activities. Commercial uses shall be designed and operated, and hours of operation limited, so that residents are not exposed to offensive noise, especially from traffic, trash collection, routine del
tivity. No use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m.
.0713 Vibrations and Odors. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within t1 -
units or recreational -leisure areas on the site.
.0714 Lighting. Outdoor lighting associated with commercial uses shall not adversely impact residential uses, but shall provide sufficient illumination for access and security purposes. Such lightingg shall not blink, flash
.0715 Windows. Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other or hotel rooms, the windows shall be designed and/or oriented to maximi.
SECTION 4.
That, except as expressly amended herein, Ordinance No. 5453, as previously amended, shall remain in full force and effect.
SECTION 5, 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
Munjcipal Code.
SECTION 6. SEVERABILITY.
The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adapted be declared for any reason to be invalid, it is the intent of the Council this it woulc
portions of is ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 7. 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
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
theCily 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 22nd day of August, 2006, and thereafter passed and adopted at a regular meeting of said C
12th day of SC tember, 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway.
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF ANAHEIM
/s/ Sheryl Schroeder % /s/ Curt Pring
CIIT7 CLERK OF THE CITY OF ANAHEIM MAYOR OF THE CITY
Publish: Anaheim Bulletin Seotember 21 2006 257813 8159381
Attachment A