5714ORDINANCE NO.5714
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT
NO. 5 TO THE NORTHEAST AREA SPECIFIC PLAN NO.
94-1, AMENDING ORDINANCE NO. 5517, AS
PREVIOUSLY AMENDED, AND AMENDING SUBSECTIONS
.010 AND 050 OF SECTION 18.110.100 OF SECTION
18.110.100 OF CHAPTER 18.110 OF TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE (SELF-SERVICE
LAUNDRIES).
WHEREAS, pursuant to the procedures set forth in Chapter
18.93 of the Anaheim Municipal Code, on September 12, 1995, the
City Council of the City of Anaheim adopted Ordinance No. 5518
amending the zoning map to reclassify certain real property
described therein into the Northeast Area Specific Plan Zone
subject to certain conditions as specified therein, and Ordinance
No. 5517 relating to the establishment of Zoning and Development
Standards for the Northeast Area Specific Plan No. 94-1 by the
addition of Chapter 18.110 to said Code; and
WHEREAS, in connection with adoption of Specific Plan No.
94-1 (Northeast Area), the City Council certified EIR No. 317
with the Statement of Overriding Considerations finding that the
Northeast Area Specific Plan incorporates measures to mitigate or
avoid significant impacts on the environment and will itself act
as effective mitigation for potential environmental impacts
identified in Environmental Impact Report No. 317; and,
WHEREAS, on June 4, 1996, the City Council adopted Ordinance
No. 5563 amending Ordinance No. 5517 relating to the Northeast
Area Specific Plan No. 94-1, which amendment added a provision
permitting service stations as a conditional use in Development
Area 4 (Transit Core)("Adjustment No. 1"); and
WHEREAS, on June 4, 1996, the City Council adopted Ordinance
No. 5564 amending Ordinance No. 5517, Northeast Area Specific
Plan No. 94-1, relating to automotive vehicle repair as a
conditional use in Development Area 4 (Transit Core)("Adjustment
No. 2"); and
WHEREAS, on June 11, 1996, the City Council adopted
Ordinance No. 5565 amending various Chapters of Title 18
including Chapter 18.110 amending Ordinance No. 5517, the
Northeast Area Specific Plan No. 94-1, relating to eating and
drinking establishments ("Adjustment No. 3"); and,
WHEREAS, on August 20, 1996, the City Council adopted
Ordinance No. 5574 amending Ordinance No. 5517, Northeast Area
Specific Plan No. 94-1, related to deleting a time limitation for
churches ("Adjustment No.4"); and
WHEREAS, the proposed adjustment requests amendment of the
requirements for self-service laundry establishments to authorize
such establishments by the approval of a conditional use permit;
and
WHEREAS, on November 22, 1999, the Anaheim City Planning
Commission considered and approved the proposed Adjustment No. 5
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. 5517 BE, AND THE SAME IS HEREBY
AMENDED, TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN
CHAPTER 18.110 OF THE ANAHEIM MUNICIPAL CODE AS SET FORTH IN
SECTIONS 1, AND 2 AS FOLLOWS:
SECTION 1.
That Subsection .010 of Section 18.110.100 of Chapter 18.110
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended (to modify paragraph .0118) to read as follows:
".010 Permitted Primary Uses and Structures. The
following retail stores and service businesses,
either singly or in combination, may be permitted
in this Development Area subject to the
limitations provided hereinafter:
0101 Antique shops.
.0102 Appliance stores, including radio and
TV, with or without repair service.
.0103 Bakery shops.
.0104 Barber and/or beauty shops.
IN
.0105
Book stores, new or used.
.0106
Business trade schools and training
.0113
centers.
.0107
Clothing and apparel stores including
tailoring.
.0108
Confectionery and candy stores.
.0109
Conservatories and studios: art, music,
.0116
dancing, photography, martial arts, etc.
.0110
Department, notion, discount and variety
.0118
stores.
.0111
Drugstores or pharmacies.
.0112
Furniture stores.
.0113
Health spas and physical fitness centers
under four thousand (4,000) square feet
in gross floor area.
.0114
Hobby shops.
.0115
Interior decorator shops.
.0116
Jewelers and lapidary shops.
.0117
Laboratories: medical and dental.
.0118
Dry cleaning establishments (full-
service, attendant operated) including
retail collection and distribution
stations, but excluding wholesale
operations.
.0119
Libraries and reading rooms.
.0120
Locksmith shops.
.0121
Markets and grocery stores having an
interior building floor area of not less
than fifteen thousand (15,000) square
feet.
.0122
Meat markets or delicatessens.
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.0123 Office equipment and furniture rental
services.
.0124 Offices, professional, medical and
dental.
.0125 Pet shops.
0126 Plant nurseries; provided, however, that
the following additional minimum site
development standards shall apply: All
areas devoted to outdoor storage of
other than plant material shall be
adequately screened from view by a
masonry wall. The storage shall not
exceed the height of the wall and shall
be limited to botanically related
materials.
.0127 Reconditioned used merchandise sales.
.0128 Printing or reproducing services,
including but not limited to printing
shops, photoengraving, copying,
processing, and blueprinting.
.0129 Retail supply stores.
.0130 Restaurants; Enclosed or Semi -Enclosed
(without cocktail lounges and/or on -
premises sale and consumption of
alcoholic beverages; with or without
public entertainment). (No drive-in,
drive-through, take-out or walk-up
restaurants.) (Ord. 5565 § 58; June 11,
1996.)
.0131 Secretarial and answering services.
.0132 Shoe stores, sales and repair."
SECTION 2.
That Subsection .050 of Section 18.110.100 of Chapter 18.110
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended (to add paragraph .0528) to read as follows:
0
".050 Conditional Uses and Structures. The following
buildings, structures and uses may be permitted in
this development area subject to a conditional use
permit and subject to the conditions and required
showings of Section 18.03.030 `Conditional Use
Permits — General' of this Code.
.0501 Alcoholic beverage `on -premises sale and
consumption' facilities, whether or not
integrated within a restaurant.
.0502 Ambulance services, with or without
attendant living quarters.
.0503 Animal hospitals and/or kennels.
.0504 Automobile car washes.
.0505 Automotive vehicle repair, overhaul,
installation of parts and accessories,
modification, painting, body work and
other similar vehicular activities,
including incidental retail sales. For
purposes of this section the words
`automotive vehicle' shall include, but
not be limited to, automobiles, boats,
recreational vehicles, trucks and
motorcycles.
.0506 Billiard centers.
0507 Bowling alleys, with or without alcohol
sales.
0508 Child day care facilities which
exclusively serve one (1) or more
businesses located in this Specific Plan
area.
.0509 Churches, subject to the following
limitations:
(a) The limitation in hours and days of
operation and length of time of the
church use shall be specified in
the Conditional Use Permit.
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(b) Churches may include educational
facilities as an accessory use,
provided such facilities are
approved in the conditional use
permit. The permissible hours of
operation for the educational
facilities shall be as specified in
the conditional use permit.
(c) Churches which are not the
exclusive use of the property
shall, with the exception of
national holidays, limit activities
prior to 6:00 p.m. on Mondays
through Fridays to church office
staff and such educational
facilities as may be approved in
the conditional use permit.
.0510 Commercial retail centers as defined in
Section 18.01.030 of this Code.
.0511 Communications stations and antennas
(other than those permitted by
paragraphs 18.110.100.030.0307 and
18.110.100.030.0308) including amateur -
operated radio transmission towers and
cellular communications
facilities/towers whether ground mounted
or mounted on a structure. Maximum
structural height shall be determined by
conditional use permit.
.0512 Freestanding freeway oriented signs.
.0513 Health spas and physical fitness centers
larger than four thousand (4,000) square
feet in gross floor area.
.0514 Hotels and motels.
.0515 Large collection facilities for
recycling purposes subject to the
requirements of Chapter 18.95 of this
Code.
.0516 Liquor stores.
P.
.0517 Markets or grocery stores having an
interior building floor area of less
than fifteen thousand (15,000) square
feet.
.0518 Private clubs, lodges and meeting halls.
.0519 Private educational institutions.
.0520 Private recreational facilities, indoor
or outdoor, including but not limited
to, golf driving ranges, recreation
fields and fishing pools.
.0521 Public utilities or utilities operated
by mutual agencies consisting of
cellular telephone facilities,
electrical substations, gas or
convention plants, with necessary
buildings, apparatus or appurtenances
incidental thereto, but not including
distribution mains or electric or
telephone wires or cables or City -owned
public utilities.
0522 Restaurants (except as otherwise
permitted in Section 18.110.100.010.0130
of this Code); with on -premises sale and
consumption of alcoholic beverages
and/or cocktail lounge and/or public
entertainment; including drive-in,
drive-through and walk-up restaurants.
.0523 Service stations, automobile or truck,
with or without convenience markets
subject to the requirements of Chapter
18.87, provided that as a condition for
the granting of a conditional use permit
for an automobile or truck service
station, the property owner shall record
an unsubordinated covenant, satisfactory
to the Planning Director and City
Attorney agreeing to remove all
structures, including underground
storage tanks, in the event that the
station is closed for a period of twelve
(12) consecutive months. A service
station shall be considered closed
7
during any month in which is open for
less than fifteen (15) days.
.0524 Theaters, exhibition halls and
auditoriums.
.0525 Transmission stations, radio or
television, including amateur -operated
radio transmission towers. Heights of
antennas and/or towers associated with
these uses shall be determined by
Conditional Use Permit.
.0526 Transportation terminals including but
not limited to airports, bus or train
stations.
.0527 Vehicle sales agencies and lots.
.0528 Laundry, Self -Service establishments."
SECTION 3. 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 4. 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 5. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any requirements
''3
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 this 11th day of January
2000
MAYOR OF THE CITY 0 6
ANAHEIM
ATTEST:
ITY CL K OF THE CITY OF ANAHEIM
33153.1\SMANN\November 15, 1999
PE
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. 5714 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 14th day of December, 1999, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 11th day of January, 2000, by the
following vote of the members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5714
on the 11th day of January, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 11 th day of January, 2000.
CITY CL RK 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. 5714 and was published once in the North County News on the
20th day of January, 2000.
ITY CLEOK OF THE CITY OF ANAHEIM