5716ORDINANCE NO 5716
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT
NO. 1 TO THE CYPRESS CANYON SPECIFIC PLAN NO.
90-3, AMENDING ORDINANCE NO. 5296, AS
PREVIOUSLY AMENDED, AND AMENDING SUBSECTION
.060 OF SECTION 18.77.070 OF CHAPTER 18.77 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 April 21, 1992, the City
Council of the City of Anaheim adopted Ordinance No. 5296
amending the zoning map to reclassify certain real property
described therein into the Cypress Canyon Specific Plan No. 90-3
Zone subject to certain conditions as specified therein, and
Ordinance No. 5297 relating to the establishment of Zoning and
Development Standards for the Cypress Canyon Specific Plan No.
90-3 by the addition of Chapter 18.77 to said Code; and
WHEREAS, in connection with adoption of Specific Plan No.
90-3 (Cypress Canyon), the City Council certified FEIR No. 298
with the Statement of Overriding Considerations and the
corresponding Mitigation Monitoring Program; and
WHEREAS, on June 6, 1995, the City Council adopted Ordinance
No. 5500 amending Ordinance No. 5296 relating to the Cypress
Canyon Specific Plan No. 90-3, which amendment revised certain of
said conditions of approval as set forth in Ordinance No. 5296
("Amendment No. 1"); 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. 5297 BE, AND THE SAME IS HEREBY
AMENDED, TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN
CHAPTER 18.77 OF THE ANAHEIM MUNICIPAL CODE AS SET FORTH IN
SECTION 1 AS FOLLOWS:
SECTION 1.
That Subsection .060 of Section 18.77.070 of Chapter 18.77
of Title 18 of the Anaheim Municipal Code be, and the same is
hereby, amended to modify subparagraph (a)(18) and to add
subparagraph (d)(15), to read as follows:
".060 Development Areas 1 and 2—Areas to be Developed
for a Neighborhood Convenience Shopping Center.
All standards of the "CL (SC)" Commercial Zone, as
amended herein, shall apply as provided below.
(a) Permitted Primary Uses and Structures. The
following retail stores and service
businesses, either singly or in combination,
may be permitted in this zone subject to the
limitations prescribed in subsection (b) of
this section and as provided herein:
(1) Antique shop.
(2) Appliance store, including radio and TV,
with or without repair service.
(3) Bakery (not employing more than five
persons).
(4) Barber and/or beauty shops.
(5) Book stores, new or used.
(6) Broadcasting studios, radio or TV.
(7) Clothing or apparel stores, including
tailor and dressmaking shops, millinery,
etc., dealing in new or reconditioned
used merchandise.
(8) Conservatories or studios: art, music,
dancing, photography, etc.
(9) Department, notion or variety stores.
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(10) Drugstore or pharmacy.
(11) Furniture stores: new (finished or
unfinished), used, etc.
(12) Markets or grocery stores having an
interior building floor area of not less
than fifteen thousand (15,000) square
feet.
(13) Health spas and physical fitness centers
(if less than four thousand (4,000)
square feet in gross floor area).
(14) Hobby shops.
(15) Interior decorator.
(16) Jewelers or lapidary shops.
(17) Laboratory: medical or dental.
(18) Dry cleaning establishments (full-
service, attendant operated) including
retail collection and distribution
stations, but excluding wholesale
operations.
(19) Liquor store: `off -sale' alcoholic
beverage only.
(20) Locksmith.
(21) Meat market or delicatessen.
(22) Reconditioned used merchandise sales.
(23) Reproduction services, including, but
not limited to, blueprinting, drafting,
job printing, microfilming, etc.
(24) Retail supply stores, including but not
limited to vehicle accessories and
parts, books, hardware, pet shops,
photographic, sporting goods,
tobacconists, toys, yardage, etc.
(25) Restaurants (enclosed only).
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(26) Rental services: household, sickroom,
office, equipment, costumes, etc.
(27) Secretarial or answering services.
(28) Shoe stores, sales or repair.
(29) Business service firms including
architectural, engineering, drafting
services, market research, secretarial
or answering services, tailors or other
similar uses.
(30) Business agencies including advertising,
travel, credit, finance, employment and
other similar uses.
(31) Business offices including accounting,
bookkeeping, insurance, legal, real
estate, public utilities, business or
personal consultants or other similar
uses.
(32) Financial offices and institutions
including banks, trust companies,
savings and loan associations, security
or commodity exchanges and other similar
uses.
(33) Medical and dental offices.
(b) Limitations and Exceptions to Permitted Uses
and Structures. Notwithstanding any other
provisions of this chapter, the following
limitations shall apply for the conduct of
any use permitted in the CL Zone:
(1) All stores shall deal primarily in new
merchandise, excepting as otherwise
specified.
(2) All uses except normal service station
operations and those specifically excepted
hereinafter shall be conducted wholly within
a building.
(3) All uses shall be conducted in a manner
so as not to be objectionable by reason of
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noise, odor, dust, fumes, smoke, vibrations
or other similar causes.
(4) No business activity for which a permit
is required pursuant to Chapter 4.29 or 4.31
of this Code or any other business activity
wherein patronage and/or employment is
limited to persons eighteen (18) years of age
or older, except in activity authorized by
Chapter 7.34 hereof, shall be permitted
unless a conditional use permit is first
obtained therefor.
(5) No combination of otherwise permitted
uses or businesses which constitute a
`commercial retail center' as defined in
Section 18.01.040 of this Code shall be
permitted unless a conditional use permit is
first obtained therefor pursuant to Chapter
18.03 hereof.
(c) Permitted Accessory Uses and Structures. The
following accessory uses may be conducted
where clearly incidental to, and integrated
within a primary use structure except as
otherwise provided herein:
(1) Automobile parking lots or structures
(commercial or private), including
open-air lots and enclosed or
underground facilities; provided any
such facilities are improved in
compliance with adopted parking lot
development standards.
(2) Banquets, indoor or outdoor, when
conducted as an incidental and
occasional activity in conjunction with
an enclosed restaurant.
(3) Dwelling, where used by a proprietor,
manager or custodian of a use permitted
within this zone, provided that the
minimum floor area of such a dwelling
shall be that required in the RM -1200,
Multiple -Family Residential Zone.
(4) The manufacturing, processing, repair,
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treatment, or storage of products which
is clearly incidental to the retail
business conducted on the premises shall
be permitted provided that such
manufacturing, processing, repair
treatment or storage operations are not
objectionable due to noise, odor, dust,
smoke, vibrations or other similar
causes.
(5) The wholesaling of products, where
clearly incidental to and integrated
within a primary use structure.
(6) Ice vending machines, of three tons
capacity or less, may be located within
a structure on the premises occupied by
a primary use subject to all other
provisions of this zone.
(7) Tobacco, candy, newspaper and magazine
counters (where clearly incidental to a
primary use structure).
(8) Reverse rending machines and small
collection facilities for recycling
purposes subject to the requirements of
Chapter 18.95 of the Anaheim Municipal
Code.
(9) Signs in compliance with the provisions
of Section 18.77.090 herein.
(d) Conditional Uses.
(1) Mixed Use Development, including the
following uses:
(A) Research services.
(B) Administrative and office.
(C) Professional design services.
(D) Light wholesale and enclosed
storage and distribution.
(E) Business support services.
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(2) Alcoholic beverage `on -sale' facilities,
whether or not integrated with a
restaurant.
(3) Animal hospitals and/or kennels where
integrated with a shopping center
subject to the requirements of Chapter
18.87 of the Anaheim Municipal Code.
(4) Automobile service stations where
integrated with a shopping center
subject to the requirements of Chapter
18.87 of the Anaheim Municipal Code.
Provided that as a condition for the
granting of a conditional use permit for
an automobile service station, the
applicant shall agree in writing to
remove the structures in the event that
the station is closed for a period of
twelve consecutive months. A service
station shall be considered closed
during any month which is open for less
than fifteen (15) days.
(5) Child nurseries, with six (6) or more
children.
(6) Churches.
(7) Commercial retail
Section 18.01.040
Municipal Code.
centers as defined in
of the Anaheim
(8) Health spas and physical fitness centers
(of four thousand (4,000) square feet in
gross floor area or larger).
(9) Hotels and motels.
(10) Markets or grocery stores having an
interior building floor area of less
than fifteen thousand (15,000) square
feet.
(11) Plant nurseries; provided, however, that
the following additional minimum site
development standards shall apply: All
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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.
(12) Post offices and substations.
(13) Restaurants, semi -enclosed drive-in,
drive-through or walk-up.
(14) Self -storage or mini -warehouse
facilities.
(15) Laundry, Self -Service establishments.
(e) Site Area Limitations.
(1) The size and shape of the site proposed
for the use shall be adequate to allow
the full development of the proposed use
in a manner consistent with the stated
purpose and intent of this zone.
(2) Adequate provision shall be made for the
safe and orderly circulation of both
pedestrian and vehicular traffic between
the proposed site and all streets and
highways and between coordinated
facilities, access ways or parking areas
on adjacent sites.
(3) The proposed development shall not limit
or adversely affect the growth and
development potential of adjoining lands
or the general area in which it is
proposed to be located.
(f) Building and Structural Height Limitations.
The maximum building height shall be
thirty-five (35) feet above the average
finished grade levels of the building site on
which is located measured at the exterior
building walls, provided however, heights in
excess of thirty-five (35) feet may be
permitted by conditional use permit pursuant
to the provisions of Chapter 18.03 of the
Anaheim Municipal Code.
(1) Roof -mounted equipment included
exterior -mounted and ground -mounted
radio and television antennas shall not
be permitted.
(g) Building setbacks have been developed for the
two (2) commercial development areas
(Replaces Section 18.84.062.012).
Development Area 1:
(1) Santa Ana Canyon Road and Coal Canyon
Road Minimum one hundred (100) foot
structural setback for primary buildings
and a minimum fifty (50) foot structural
setback for freestanding secondary
buildings adjacent to Santa Ana Canyon
Road and Coal Canyon Road with a minimum
thirty-five (35) foot fully landscaped
area adjacent to the right-of-way.
(2) SR -91 Fwy. Minimum one hundred (100)
foot structural setback with a minimum
thirty (30) foot fully landscaped area
adjacent to property line.
Development Area 2:
(1) Coal Canyon Road. Minimum fifty
(50) -foot structural setback south of
Santa Ana Canyon Road transitioning to
one hundred (100) foot structural
setback north of Santa Ana Canyon Road
with a minimum thirty-five (35) foot
fully landscaped area adjacent to the
right-of-way.
(2) SR -91 Fwy. Minimum fifty (50) -foot fully
landscaped structural setback adjacent
to property line.
(h) Improvement of Required Setbacks (Replaces
Sections 18.84.062.014, .0141, 042). The
required setback shall be either fully
landscaped or may be used as part of an
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automobile parking area; provided that a
minimum twenty-five (25) foot wide screen
planting area shall be maintained adjacent to
any right-of-way. This may include the
landscaping area of ten (10) to fourteen (14)
feet.
(i) Interior Site Boundary Lines Abutting Any
Commercial Boundary. No setback shall be
required, except as required under the
Uniform Building Code.
(1) Interior Site Boundary Lines Abutting
Any Residential Zone Boundary. A minimum
open setback of not less than ten (10)
feet; provided, however, that for any
building over three stories in height
the setback areas shall be increased in
width two feet for each story by which
the building exceeds three stories in
height.
(j) Permitted Encroachments into Required Yards.
(1) Cornices, eaves, belt courses, sills,
buttresses and fireplaces.
(2) Balconies and exterior stairways.
(3) Fire escapes.
(4) Guard railings.
(5) Fences, walls and hedges in compliance
with Section 8.04.043 of the Anaheim
Municipal Code.
(6) Signs, in compliance with Section
18.77.090 of Specific Plan SP90-3.
(7) Landscaping, consisting of lawn trees,
shrubs, or other natural planting
materials, and including fountain,
ponds, sculptures, walkways, flagpoles
for display of natural, state, or
company ensigns only light standards and
decorative screen type walls, thirty-six
(36) inches in height or less when an
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integral part of a landscaping theme.
(k) Off -Street Parking and Loading Requirements.
All vehicle accessways and parking and
loading areas shall comply with the
provisions of Chapter 18.06 of the Anaheim
Municipal Code and as provided herein:
(1) Location of required parking spaces
shall comply with the requirements of
Section 18.06.010 of the Anaheim
Municipal Code.
(2) Layout and design of parking areas and
vehicle access ways shall comply with
the requirements of Section 18.06.020.
(3) Required Improvement of Parking Areas.
Landscaping shall include at least one
tree per three thousand (3,000) square
feet of parking area and/or vehicular
accessways evenly distributed throughout
the parking area. There shall be an
average of forty eight (48) square feet
of planter area provided per tree. The
planter areas shall have a minimum
dimension of six (6) feet.
(4) Layout and design of parking areas and
vehicle access ways shall comply with
the requirements of Section 18.06.040.
(5) Minimum number, type and design of
parking spaces. The minimum number, type
and defining parking spaces shall comply
with the requirements of Section
18.06.050 of the Anaheim Municipal Code.
(6) Truck loading facilities shall comply
with the requirements of Section
18.06.060 and Section 18.06.070.
(1) Required Site Screening (Replaces Section
18.44.068). Except as otherwise provided
herein, a solid decorative type masonry wall,
landscaped earthen berm or any combination
thereof totaling not less than six (6) feet
in height, may be provided along and
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immediately adjacent to the site boundary
line of any commercial development abutting
freeway. The height of any such wall and/or
berm shall be as measured from the highest
finished grade level of the subject or
adjacent properties, whichever is the higher.
(m) Exceptions.
(1) Within any required street setback area,
the height off any required wall and/or
berm shall be reduced to not more than
thirty-six (36) inches.
(2) No wall or berm shall be required across
any approved vehicle or pedestrian
access way.
(3) Where unusual topography exists, height
requirements may be modified or waived
by resolution of the Planning Commission
or City Council if the City Engineer
certifies that the erection of such wall
or berm would not be practical in the
exercise of sound engineering practices.
(n) Refuse Storage Requirements. Refuse storage
areas shall conform to the standards as shown
on the document `minimum acceptable trash
collection areas' on file in the office of
the Director of Public Works."
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
other ordinance of this City shall in any manner
prosecution for violations of ordinances, which
committed prior to the effective date thereof, n
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the repeal of any
affect the
violations were
or 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 1 1 th day of January ,
2000 .
MAY R OF THE CITY 6 ANAHEIM
ATTEST:
ITY CL K OF THE CITY OF ANAHEIM
33145.1\SMANN\November 15, 1999
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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. 5716 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 11 th day of January, 2000, 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. 5716
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 11th day of January, 2000.
ITY 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. 5716 and was published once in the North County News on the
20th of January, 2000.
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CItV`CLER1e0F THE CITY OF ANAHEIM