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5715ORDINANCE NO. 5715 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 1 TO THE PACIFICENTER ANAHEIM SPECIFIC PLAN NO. 88-3, AMENDING ORDINANCE NO. 5045, AS PREVIOUSLY AMENDED, ACCORDINGLY (THE PACIFICENTER ANAHEIM SPECIFIC PLAN) RELATING TO SELF-SERVICE LAUNDRIES. WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, on July 25, 1989, the City Council of the City of Anaheim adopted Ordinance No. 5046 amending the zoning map to reclassify certain real property described therein into the PacifiCenter Anaheim Specific Plan Zone (formerly Santa Fe Pacific Plaza Specific Plan Zone) subject to certain conditions as specified therein, and Ordinance No. 5045 relating to the establishment of Zoning and Development Standards, "Exhibit A",for the PacifiCenter Anaheim Specific Plan Zone by the addition of Chapter 18.73 to said Code; and WHEREAS, in connection with adoption of Specific Plan No. 88-3 Zone (PacifiCenter Anaheim), the City Council certified EIR No. 280 and Addendum with Statement of Overriding Considerations with mitigation measures from the PacifiCenter Specific Plan No. 88-3 document incorporated as conditions of approval and further identified in Mitigation Monitoring Plan No. 29; and WHEREAS, on March 5, 1991, the City Council adopted Ordinance No. 5207 amending Ordinance No. 5045 relating to the PacifiCenter Anaheim Specific Plan No. 88-3, which amendment added a provision to permit warehouse and distribution facilities in support of permitted on-site office uses and indoor physical recreation facilities in support of permitted on-site office uses as accessory uses and structures in Development Area 1 ("Amendment No. 1"); and, WHEREAS, on December 10, 1991, the City Council adopted Ordinance No. 5277 amending Ordinance No. 5046 by rezoning and reclassifying certain additional property to the PacifiCenter Anaheim Specific Plan and Ordinance Nos. 5045 and 5046 as previously amended, accordingly, ("Amendment No. 2"); and WHEREAS, on August 24, 1999, the City Council adopted Ordinance.No. 5695 amending Ordinance Nos. 5045 and 5046 as previously amended, to amend the Sign Program and the Final Site Plan ("Amendment No. 3"); 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. 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. 5045 BE, AND THE SAME IS HEREBY AMENDED, TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN CHAPTER 18.73 OF THE ANAHEIM MUNICIPAL CODE AS SET FORTH IN SECTIONS 1 AND 2 AS FOLLOWS: SECTION 1. That Chapter 18.73 of Title 18 of the Anaheim Municipal Code incorporating the PacifiCenter Anaheim Specific Plan No. 88-3, Amendment No. 3 (the "Specific Plan Document"), and the text of the Specific Plan Document, be, and the same are hereby, amended, to revise paragraph 1 (Permitted and Conditional Uses) of subsection C (Development Standards) of Section IV (Zoning and Development Regulations) of the Specific Plan Document to delete Item 1.a.44 and add Item 1.b.19) to read as follows: "l. Permitted and Conditional Uses a. Permitted Uses. Uses listed as Permitted Accessory Uses and Permitted Temporary Uses from the Anaheim Municipal Code Sections 18.44.030 and 18.44.040 of the CL and CO Zones and substantially similar uses shall be permitted, including but not limited to, the following: 1. Accounting, Bookkeeping or CPA firms; 2. Advertising; 3. Antique Shops; 4. Bakeries; 2 5. Bank/Administrative Offices; 6. Barber/Beauty Shops; 7. Brokers/Real Estate, Real Estate Appraisers, Business Opportunities, etc.; 8. Bicycle Shops; 9. Bookstores; 10. Business Offices/Agencies; 11. Candy Stores; 12. Carpet and Rug Sales and Installation; 13. Catering Establishments (off-site service only); provided however, that no storage of vehicles or commissaries shall be permitted. 14. China and Glassware Stores; 15. Cigar and Smoke Shops; 16. Clothing or Apparel Stores; 17. Commercial Offices; 18. Commercial Retail Centers; 19. Communication Consultants; 20. Computer Sales and Services, Computer Analysis Firms; 21. Conservatoire Studios 22. Curtain and Drapery Shops; 23. Credit Reporting Agencies; 24. Delicatessens/Sandwich Shops; provided, however, that alcoholic beverages may be permitted in connection with a conditional use permit. 25. Designers/Industrial, Interior, Graphic; 3 26. Development Companies; 27. Department Stores; 28. Drug Stores (no alcohol sales); 29. Dry Cleaning Establishments; 30. Electrical Equipment Sales and Repair 31. Electronics/Wholesale and Retail Sales and Service; 32. Fabric Shops; 33. Facility Maintenance and Planning; 34. Fast Food Restaurants (No drive-through or alcohol sales); however, that no drive-through or walk-up service shall be permitted; and that enclosed or semi -enclosed restaurants may be permitted if approved when the Planning Commission reviews the final plans. 35. Financial Institutions; 36. Floor Covering Shops; 37. Florists; 38. Furniture Stores; 39. Gift/Card Shops; 40. Hobby Shops; 41. Home Improvement Stores; 42. Hotels with a maximum 150 rooms, subject to compliance with certain conditions identified in Appendix 12; 43. Jewelry Stores; 44. Deleted 45. Leasing (residential or commercial) Companies; Leather Goods and Luggage Stores; 4 47. Locksmiths; 48. Mail/Delivery Services; 49. Management Consultants; 50. Marketing Research; 51. Medical/Dental Offices and labs; 52. Musical Instrument Sales; 53. Music Stores; 54. Newspaper and Magazine Stores; 55. Office Supply; 56. Office Business Machine and Computer Component Stores; 57. Optical and Optometrical Offices/Shops; 58. Paint, Glass and Wallpaper Stores; 59. Personnel Agencies; 60. Publishing Companies; 61. Quality Control Analysis; 62. Record, Tape and Video Stores; 63. Reproduction Service Businesses including, but not limited to messenger and wire services, blueprinting, drafting, job printing, microfilming, etc.; 64. Restaurants; provided however, that drive-through or walk-up service and/or alcoholic beverages sales may be permitted in connection with a conditional use permit; and that enclosed and semi -enclosed restaurants may be permitted if approved when the Planning Commission reviews the final plans. 65. Retail Supply Stores including, but not limited to, vehicle accessories and parts; provided 5 however, that no automotive servicing or repair shall be permitted. 66. Secretarial or Answering Services; 67. Shoe Stores; 68. Specialty food stores such as delicatessens, cookie stores, yogurt shops and other specialized retail food stores; 69. Travel Agencies; 70. Typesetting/Typographer Services; 71. Typewriter Sales and Service; 72. Veterinary Clinics, provided however, that there shall be no over -night boarding of animals unless approved in connection with a conditional use permit; 73. Watch and Clock Sales and Repair Shops. b. Conditional Uses. The following uses and substantially similar uses shall be permitted with a Conditional Use Permit: 1. Bowling, Pool or Billiard Centers; 2. Broadcasting Studio; 3. Commercial Retail Centers (three or more units); 4. Convenience markets; provided, however, that service station facilities and accessory convenience markets shall be prohibited; 5. Daycare Centers (for children or elderly) 6. Delicatessens/sandwich shops where alcoholic beverages will be sold for off -premises consumption; 7. Drive-through fast food establishments; 0 8. Entertainment centers; including, but not limited to bowling, pool or billiard centers, pinball and electronic game arcades. 9. Facilities for the on- and off -premises sale and consumption of alcoholic beverages (see Appendix 14); 10. Health Spas and Physical Fitness Centers; 11. Hotels with more than one hundred fifty (150) rooms; 12. Medical Emergency Care Facilities; 13. Motion Picture Production; 14. Rental Services; 15. Restaurants with drive-through or walk-up services, or restaurants where alcoholic beverages will be sold for on -premises consumption; and that such restaurants when enclosed or semi -enclosed may be permitted if approved when the Planning Commission reviews the final plans; 16. Supermarkets, markets and groceries; 17. Theaters; 18. Veterinary with over -night boarding of animals; 19. Laundry, Self -Service establishments." 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 IV] 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 11th day of January , 2000. MA OF THE CITY ANAHEIM ATTEST: CITY CL RK OF THE CITY OF ANAHEIM 33198.1\SMANN\November 15, 1999 N 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. 5715 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. 5715 on the 11 th day of January, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of January, 2000. ,FA- dO ocz�� - - 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. 5715 and was published once in the North County News on the 20th day of January, 2000. CITY C ARK OF THE CITY OF ANAHEIM