6082ORDINANCE NO. 6082
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AMENDMENT NO.
4 TO THE NORTHEAST AREA SPECIFIC PLAN NO.
94-1 AND AMENDING ORDINANCE NO. 5518
ACCORDINGLY (SPN2007-00048)
WHEREAS, on August 22, 1995 the City Council of the City of Anaheim
approved Resolution No. 95R-155 to approve Specific Plan No. 94-1, the Northeast Area
Specific Plan, for the 2,645 -acre area generally bounded by the Riverside (SR -91) Freeway on
the south, the Orange (SR -57) Freeway on the west, Orangethorpe Avenue on the north and
Imperial Highway on the east; and that on September 12, 1995 the City Council adopted
Ordinance Nos. 5517 and 5518 to add Chapter 18.110 "Specific Plan No. 94-1(SP 94-1) -
Northeast Area" to the Anaheim Municipal Code relating to zoning and development standards
for the Northeast Area Specific Plan, and to amend the Zoning Map by incorporating said 2,645 -
acre area into the SP 94-1 Zone; 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 November 19, 1996, the City Council adopted Ordinance Nos.
5583 and 5585 to amend Ordinance No. 5574, nunc pro tunc, and to amend Chapter 18.110
relating to parcels identified as a paleontological resource; 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, on September 12, 2006 the City Council adopted Ordinance No.
6033 amending Ordinance No. 5518 and Chapter 18.110 to amend the Northeast Area Specific
Plan 94-1 and certain Development Area boundaries ("Amendment No. Y); and
WHEREAS, a verified petition was submitted by Milan Garrison, as authorized
agent for Kaiser Foundation Hospitals, for Amendment No. 4 to The Northeast Area Specific
Plan (SPN2007-00048), relating to the properties as shown on Attachment A, which is
incorporated herein by this reference, to reclassify the subject properties from Development Area
3 "La Palma Core Area" of Specific Plan No. 94-1 to Development Area 4 "Transit Core Area"
of Specific Plan No. 94-1 ("Amendment No. 4"); and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 15, 2005, 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. 4 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
2
of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2007-124
finding and recommending that the City Council adopt Amendment No. 4; 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 6th day of November, 2007, as the time, and the City Council Chambers in the Civic
Center as the place for a public hearing on said proposed Amendment No. 4 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. PC2007-124, 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"), the City Council, as lead agency for Amendment No. 4, by its Resolution, did
find and determine, based upon its independent review and consideration of an Initial Study
conducted pursuant to CEQA for said Specific Plan Amendment, and the requirements of
CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of
the CEQA Guidelines, and the recommendations of the Anaheim City Planning Commission and
the evidence received at the public hearing, that Final Environmental Impact Report No. 2007-
00337, including the Findings of Fact and Statement of Overriding Considerations and
Mitigation Monitoring Program No. 147 for the Project, are adequate to serve as the required
environmental documentation for Amendment No. 4 and satisfy all of the requirements of
CEQA, and that no further environmental documentation need be prepared said Specific Plan
Amendment.
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 to reclassify the
subject properties from Development Area 3 "La Palma Core Area" of Specific Plan No. 94-1 to
Development Area 4 "Transit Core Area" of Specific Plan No. 94-1, as 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.
3
SECTION 2.
That except as expressly amended herein; Ordinance No. 5518 shall remain in full
force and effect.
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. 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 5. 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
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 6. 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.
2
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 6th day of November , 2007, and
thereafter passed and adopted at a regular meeting of said City Council held on the 27th day
of November , 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF AHEIM
Bv:
ATTFRT-
67075.v1 /MGordon
5
MAYOR OF THE
ATTACHMENT A
Combined Acreage - 27
Amendment No. 4 to the Northeast Area Specific Plan (SP94-1)
(Tracking No. SPN2007-00048)
r
m
f
t%p�MAA 4 DA 4
Tran it C re
145
DA D 3
{ om erc al Area) (La Pal a Core
SR -91 Freeway
DA
(Ind tr' I Area)
Existing Development Area Designation
x;
G m
(L Pal Cor
D 4
1ApPLM0.A�
E
( ransi C re) 1
DA 5 0
( m erc al Area)
cn
.4
i
i
SR -91 Freeway
Al
nd trial Ar a) N
Proposed Development Area Designation
NEIW1 BULLETIN THE ORANGE COtlMy REGISTER Thursday, December 06, 2007 1-877-469-73"
- - - 4
ENO.6082 - + '
•
ORDI NANC
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO.4 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1 AND AMENDING ORDINANCE NO. 5518 ACCORDINGLY (SPN2007-00048)
[T OF PUBLICATION WHEREAS, on August 22, 1995 the City Council of the City of Anaheim approved Resolution No. 95R-155 to approve Specific Plan No. 941, the Northeast Area Specific Plan, for the 2,645 -acre area generally bounded by the Riverside (SR -91)
Freeway on the south, the Orange (SR -57) Freeway on the west, Orangethorpe Avenue on the north and Imperial Highway on the east; and that on September 12, 1995 the City Council adopted Ordinance Nos. 5517 andel 55128 aid ttoo ad reChapt into the
18.110
'Specific Plan No. 94-1(SP 944) - Northeast Area' to the Anaheim Municipal Code relating to zoning and development standards for the Northeast Area Specific Plan, and to amend the Zoning Map by incorporating ,
)F CALIFORNIA,) SP 941 zone; and
WHEREAS, on June 4,1996 the City Council adopted Ordinance No. 5583 mending Ordinance No. 5517 and Chapter 18.110 to pemrit service stations and automotive vetiicle repair as conditional uses in Development Area 4 "Transit
SS. Core" of the Northeast Area Specific Plan (*Adjustment No. 1"); and
f Orange 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
the United States and a resident WHEREAS, on June 11,19%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
foresaid; I am over the age of WHEREAS; on August 20, 1996 the City Council adopted Ordinance No. 6574 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
nd not a party to or interested in
WHEREA§, on November 19, 1996, the City Council adopted Ordinance Nom. 5583 and 55an to amend Ordinance No. 5574, nunc pro tunc, and to amend Chapter 18.110 relating to parcels identified as a paleontological resource; an
,d matter, l am the principal 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
heim Bulletin, a newspaper that WHEREAS, on April 18, 2000 the City Council adopted Ordinance No. 5728 amending Ordinance No. 5518 and Chapter 16.110 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 StreM in the Nordheset Area Specific Plan ('Amendment No, 1"); and
�d to be a newspaper of general WHEREAS, on Apri124, 2001 the City Council adopted ordlhance No. 57st amending Ordinance No. 5577 and Chapter 18.110
is to asphalt and concrete processing M the Northeast Area Specific Plan (*Adjustment No. 6°); and
oriented signs in the Northeast Area Specific Plan ("Adjustment No. 7");
e Superior Court of the County WHEREAS, on May 1, 2000 the City Council adopted Ordinance No. 5767 amending Ordinance No. 5517 and Chapter 18.110 relating to requirements for freeway
and
of California, on December 28, 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
A-21021 in and for the City of (Transit Core) in the Northeast Area Specific Plan ("Adjustment No. 8'); and
a
WHEREAS, on June 17, 2003 the City Council adopted Ordinance No. 5865 amending Ordinance No. 5517 d Chapter 18.110 to allow new vehicle conversions in Development Area 3 (La Palma Core) in the Northeast Area Specific
y of Orange, State of California; 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 941 and certain Development Area boundaries ('Amendment
of which the annexed is a true No. 2'); and
s been published in each regular WHEREAS, on September 12, 2006 the City Council adopted Ordinance No. 6033 emending Ordinance No. 5518 and Chapter 18.110 to amend the Northeast Area Specific Plan 941 and certain Development Area boundaries ('Amend-
WHEREAS,
g merit No. 3'); and as
A said newspaper and not in any WHEREAS, a verified petition was submitted b Milan Garrison, as a ed
agent veF IopdmeM for
Amendment No.
pacific Plan No. 941 to Development Area 4 "Tra�n8sit relating
Area' of Plan No 94.1
Attachment A, which is incorporated herein by this reference, to reclassify the subject props
rties from -eof on the following dates, to ("Amendment No. a"); and beenequired by taw and In _
WHEREAS, the City Planning Commission did hold a pul*- bowing at the Chic Gaiter k, of !u teYn �rgme_ndmentallo.3a p.m., notice of and to nvestigate and pubmlhake finc hearing dingshaving and recommendations nrconnection therewith; and
once with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against add proposed
WHEREAS, The Anaheim City Planning Commission, 4W due 00neideretion, inspection, rove ge" and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, did
) 7 adopt its Resolution No. PC2007424 finding and recommending that the City Council adopt Anton dhnent No. 4; and
WHEREAS, upon receipt of said Resolution, summary of evidence. report of findings and r000m mendstlorns of the Anaheim City Planning Commission, the City Council did fa the 6th day of November, 2007, as the time, and the City
Council Chambers in the Civic Center as the place for a public hearing on aad proposed Amendment
Pits. 4 and did give notice thereof in the manner and as provided by law; and
declare) under the penalty of WHEREAS, the City Council did duty hold and conduct sold pubfic hwrkng and did give all persons Interested tnerem an opportunity to be heard, and did receive evidence, testimony and reports, and the recommerndations and nd-
fi
ings of the Anaheim City Planning Commission, as set forth in Planning Commfnbn Resolution No. PC2007-124, and -
ie laws of the State of California't, reclassify said as described above, and to amend certain exhibits in the specific plan accordingly; and
WHEREAS, the City Council desires to amend the specific plan
lg is true and correct": WHEREAS, the City Council has compiled with the procedures sen forth in Chapter 18.72 of,the Anaheim Municipal Code; and
Act 'CECM'), the City Council, as lead agency forAmendment No. 4, by its Resolution, did find and determine, based upon its independent review and
Santa Ana, Orange County, WHEREAS, pursuant to the provisions of the CNNornis ErwirOrwnwilal Quality (CE the requirements c 1, as I including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the
consideration of an Initial Study conducted pursuant to OEM for void SPecMk Plan Arno Khrio ' Environmentalrt No. the Findings of Fact and Statement of
recommendations of the Anaheim City Planning Coerriding Considerations and
n and this evidence received ffi the hearing, documentation
Amendment No. 4 and satisfy all of he requirelments of CEQA, and that no furthernvironrmental documentation need
Mitigation Monitoring Program No. 147 for the Project, we odequitalb serve as the required
environmental 6, 2007 be prepared said Specific Plan Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE Crit! OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION i.
That Ordinance No. 5518 be, end the some r thereby, amended to naoiwiyl the subject Properties from Development Area 3 "La Palma Core Area' of Specific Plan No. 94-1 to Development Area 4 "Transit Core Area" of Specific Plan
No. 941, as shown on Attachment A, which is Incorporated hen 14" ►4 ,
and the Plenni subject
Departrrhent is hereby directed to amend the City Zoning Map showing the changes hereby approved and adopted.
SECTION 2.
That except as expressly emended herein; Ordknance No. 55/8 shill remain in full fore and effect:
V� SECTION 3. SEVERAORITY
Signature The City Council of the CnY of Anaheim hereby declives that should any section, paragraph, sentence « word of this ordinance of the Code, hereby adopted, be declared f« any reason to be invalid, it is the intent of this Council that
it would have paebd an other portions of ttb"or&MI0s indillpWK t or glia ei minalm herefrom of any such Portion as may be declared invalid.
Anaheim Bulletin SECTION 4. SAV*MCLAUSE committed were thereof, nor be
.25 N. Grand Ave. of tris ordkWM nor the repeal of arty of er ordinance N this City shall in any manner atfed the p finance, i n of violations a su of Inbstantaly the same ances, which as ordin ace provisionsspprrevioto usladopteddbyethe City relating
Neither fife adoption lona of Anis ordinance, insofar as they y
nta Ana, CA 92701 construed as a waiver' of army license_ or penally, or the penal Provisions applicable o any vlola110M thereof. The provisions
(714) 796-2209 to the sane subject matter, duds be construed ad r"
as regllents and cordinuam0"s• and "°t as new onactments.
SECTION 4. PENALTY
rovisbn of the ordinance or failing to
N shall be unlawful for any person, firm or corporation to viclde'any provisions or to fall to campy with any of the requkements of this
ordinance. Any person, fimn or coror by Imprisonment root poration violating airy P _
comply with any of int requirements; shall be deemed gunny of a misdemeanor and uP°m moon thereof
shall be punistned by a tine not exceeding one of which any violatiThousand on Dollars
any ofthed 00)ovisans of ordinance is committed, (6continued or rpermittedd
such fine ad imprieonmeM. Each each person, ikrrn or corporation shall be deemed guilty of a separate offense for each day during any Portion
by such person. fan or corporation
and shill be punishable therefore as provided f« In this ordinencce. .
"o SECTION 5. CERTIFICATION published and circulated in
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be Printed once within Olson (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, P
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 (hold on the 6t+ day of November, 2007, and thereafter passed and adopted ata regular meeting of said City Council held on the 27th
day of November, 2007, by the followring roll call vote:
AYES: council Members Fierrtarndez. Sidhu, GeMaasy. ►fling
ABSENT: NONE CITY OF ANAHEIM
ABSTAIN: NONE By: /a/ Curt Pringle
MAYOR OF THE CITY OF ANAHEIM -
ATTEST:
/a/ Linda Nguyen
CITY CLERK OF THE CITY OF ANAHEIM
67075.v1/MGordon
Publidn:Anaheim Bulletin December 6 2007 8512010