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5748ORDINANCE NO. 5748 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 18.56 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SOUTH ANAHEIM BOULEVARD CORRIDOR OVERLAY ZONE). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That new Chapter 18.56 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: "CHAPTER 18.56 SOUTH ANAHEIM BOULEVARD CORRIDOR (`SABC') OVERLAY ZONE 18.56.010 DESCRIPTION AND PURPOSE The purpose of the South Anaheim Boulevard Corridor Overlay Zone (the "SABC Overlay Zone") is to provide supplemental land use options and development standards for the improvement of the South Anaheim Boulevard Corridor. The SABC Overlay Zone is not intended to provide for the conversion, reuse or remodeling of existing industrial buildings or other buildings not developed in accordance with the standards of the SABC Overlay Zone. Property in the SABC Overlay Zone Area is eligible for reclassification into the SABC Overlay Zone upon application of the property owner, as set forth in this chapter. Inclusion in the SABC Overlay Zone will provide the benefit of enhanced economic opportunities resulting from expanded land uses. The SABC Overlay Zone combines with any underlying zone within the Overlay Zone Area. The intent of the SABC Overlay Zone is to accomplish the following major objectives: 010 To provide a mechanism for the orderly development of property within the South Anaheim Boulevard Corridor portion of the Commercial/Industrial Redevelopment Project Area in order to eliminate blight and blighting influences. 020 To provide the long-term preferred land use strategy and development standards for the area. 030 To encourage development of regional commercial uses to locate south of Ball Road. 040 To encourage Boulevard and Neighborhood Residential uses north of Ball Road, with neighborhood commercial development at intersections. .050 To ensure that new development relates well to existing residential neighborhoods. .060 To promote adequate levels of light, air, and density of development, and efficient circulation of pedestrian and vehicular traffic. 18.56.020 DELINEATION OF THE SOUTH ANAHEIM BOULEVARD CORRIDOR OVERLAY ZONE The SABC Overlay Zone Area consists of approximately 430 acres generally located along Anaheim Boulevard and Interstate 5 from Broadway on the north to Katella Avenue on the south. The boundaries of the SABC Overlay Zone are delineated and legally described and depicted in attached Attachment A, entitled "Legal Description and Depiction of SABC Overlay Zone Property." 18.56.030 GENERAL PROVISIONS FOR THE SABC OVERLAY ZONE 010 Applicable Regulations. Unless otherwise set forth in this Chapter, the permitted, accessory, and conditionally permitted uses in the SABC Overlay Zone shall be those permitted by the underlying zone. The regulations and development standards that apply to the underlying zone of property in the SABC Overlay Zone shall remain the same except as specified in this Chapter. The provisions of this Chapter shall apply in addition to, and where inconsistent with, shall supersede the corresponding regulations of such underlying zones in the SABC Overlay Zone. 020 Exceptions. With the exception of the requirements specified below, the regulations of this chapter shall not apply to parcels being developed entirely under the underlying zone, provided that: 0201 All requirements of the underlying zone are being met by the project, except as specifically approved otherwise in conjunction with a conditional use permit, variance or administrative adjustment permitted in accordance with the facts, conditions, procedures and required showings specified in Chapter 18.03 'ZONING PROCEDURES - AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES' 2 and Chapter 18.12 'ZONING ADMINISTRATOR' of this Code; and 0202 Off -premise sale of alcohol is prohibited in the SABC Zone except (i) as an accessory use to a hotel and (ii) markets or grocery stores having an interior building floor area of greater than 30,000 square feet. 0203 Except as provided in 18.04.080.070, "Dedications and improvements - General - Exemptions," where a building permit is sought for any development project in the overlay Zone, landscaping shown on the South Anaheim Boulevard Master Plan of Landscaping (The "Master Plan"), approved by the Anaheim Redevelopment Agency on August 29, 2000, shall be planted in the size and at the spacing described in the study. Landscaping plans shall be submitted to the Executive Director of Community Development or his/her designee for a determination by the Executive Director or his/her designee that the proposed plan is consistent with the Master Plan. The Planning Commission may grant variances from the requirements of the Master Plan pursuant to the provisions of Section 18.04.080.080. 0204 Any signs or billboards installed or erected shall comply with the provisions of Section 18.56.080 "SIGN STANDARDS" of the SABC Overlay Zone, except as that the following shall be applicable to business signs permitted within commercial or industrial zones: (1) Properties located south of Ball Road. Freestanding signs up to 25 feet in height in conformance with Section 18.05.094 of the AMC shall be permitted subject to the approval of a Conditional Use Permit. (2) Properties located north of Ball Road. Signage shall be limited to freestanding or monument type signs in conformance with Section 18.05.093 of the AMC. 9 0205 All applications submitted to the Planning Department of the City of Anaheim for projects lying within the SABC Overlay Zone area which also lie within the boundaries of the Commercial/Industrial Redevelopment Project Area shall be forwarded to the Community Development Department for review. The Executive Director of Community Development (the "Executive Director") or a designee, shall review each application and meet and consult with the applicant with respect to the neighborhood compatibility and design features of the proposed project and propose changes where necessary to promote high quality urban design. The Executive Director shall propose, the Planning Commission shall review and the Redevelopment Agency shall adopt design guidelines to assist in the review of applications. 0206 Properties located east of the Santa Ana Freeway (I-5) and south of the Southern California Edison transmission line right-of-way shall comply with the following standards set forth in Chapter 18.50 of the AMC (Sports Entertainment [SE] Overlay Zone): (1) Special Requirements for the Katella Overlay District (Section 18.50.120); (2) Site Development Standards (Section 18.50.130); (3) Required Landscaping (Section 18.50.150). 030 Legal Nonconforming Uses. 0301 A legally created use in existence upon the date of adoption of this chapter which is prohibited by this chapter will not be subject to the provisions of subsection 18.02.058.014 of the Code, provided that such use has been continuously in operation since the adoption of this Chapter. 0302 A legally created use in existence upon the date of adoption of this chapter which (1) is prohibited by Section 18.56.030.020.0202 of this Chapter (prohibition of off -premise sale of alcohol) and (2) was approved subject to a time Q limitation, shall be eligible for reinstatement pursuant to the provisions of 18.03.093 notwithstanding the requirement of Section 18.03.093.040.041 that before a conditional use permit may be reinstated, a finding must be made that the use is one for which a conditional use permit is authorized. 18.50.040 IMPLEMENTATION. 010 Except as otherwise specified herein, adoption of an ordinance to reclassify property to the SABC Overlay Zone shall be in accordance with Chapter 18.03 `Zoning Procedures - Amendments, Conditional Use Permits and Variances' of this Code. .020 Prior to introduction of an ordinance to reclassify any parcel or parcels located in the SABC Overlay Zone Area, as defined herein, the following shall be submitted to the Planning Department: (i) a letter from the property owner (or property owners, where applicable) or the property owner's authorized agent requesting reclassification to the SABC Overlay Zone, (ii) a current title report or preliminary title report showing the legal vesting of title and containing a legal description of the property, (iii) a map of the property (including scale and dimensions), and (iv) the filing fee in an amount as specified by resolution of the City Council. 030 The Property Owner/Developer shall be responsible for compliance with all applicable conditions of approval and mitigation measures included in Mitigation Monitoring Program No. 112, a copy of which is attached hereto as 'Attachment `B "' and incorporated herein. All mitigation measures are included as part of Mitigation Monitoring Program No. 112 for this project (as required by Section 21081.6 of the Public Resources Code. 18.56.050 RESIDENTIAL DISTRICTS 18.56.051 NEIGHBORHOOD SINGLE FAMILY The requirements contained in Chapter 18.27 (RS -5000) shall apply. 5 18.56.052 NEIGHBORHOOD RESIDENTIAL DISTRICT The requirements contained in Chapter 18.27 (RS -5000) shall apply, except as otherwise specified. 010 Additional Uses 0101 In addition to the uses permitted by the underlying zone, the following buildings, structures and uses, either singly or in combination, are permitted: (1) Detached single-family dwellings in conformance with Chapter 18.27 of the AMC. (2) Detached single-family dwellings in conformance with 18.56.052.020.0202. 0102 In addition to the conditional uses listed in Section 18.27.050, the following conditional uses shall be permitted: (1) Attached single-family dwellings in conformance with Chapter 18.31 of the AMC. (2) Bed and Breakfast inns in conformance with Section 18.04.130 "Bed and Breakfast Inn Site and Development Standards." 020 Development Standards 0201 Detached Single -Family Residential - (minimum 5,000 square foot lots). The site development standards contained in Chapter 18.27 of the AMC shall apply. 0202 Detached Single -Family Dwellings - (4,400 square foot lots.) The following site development standards and the provisions of Section 18.04 "Site Development Standards - General" shall apply. The site development standards contained within Chapter 18.31 of the AMC shall apply with the following exceptions: (1) The minimum net building site area per dwelling unit shall be 4,400 square feet excluding any public streets or alleys. 0 (2) There shall be provided a minimum 10 -foot wide yard separation between dwelling units developed on a single site. (3) Any structure over 1 -story in height shall be set back a minimum of twenty feet (20"0") from any adjacent single-family residentially zoned parcel. In addition, any windows located above the first floor which face an adjacent single-family residence shall utilize opaque glass. Such treatment shall be required of any windows located less than 50 feet away from such adjacent single-family residences. (4) A minimum of four parking spaces per dwelling unit shall be provided, at least two of which shall be completely enclosed. (5) A minimum project site of one (1) net acre shall be required. .0203 Attached Single -Family Dwelling (RM -3000). The site development standards in Chapter 18.31 of the AMC shall apply, except that a minimum project site of one (1) net acre shall be required. 18.56.053 BOULEVARD RESIDENTIAL DISTRICT 010 Description and Purpose. This district is intended to encourage planned residential development on minimum one acre project sites of attached single- family townhouse style housing fronting on South Anaheim Boulevard and incorporating a rear access and service alley. Over time these residential uses are intended to replace commercial and manufacturing uses along portions of South Anaheim Boulevard. 020 Additional Uses. In addition to the uses permitted by the underlying zone, the following buildings, structures and uses, either singly or in combination, are permitted. 0201 Single-family attached housing at densities not to exceed 2,400 square feet of site area per unit. 7 0202 The following accessory buildings and temporary uses adjunct to the Boulevard Residential dwelling units shall be permitted only at the rear of parcels: (1) Required detached or attached covered or enclosed parking spaces. For lots one hundred ten (110) feet or greater in depth, detached covered or enclosed parking shall be located adjacent to the required public alley setback described in Section 18.56.053.0303(3) below. (2) Hobby space or workshop for private use, home office and/or home business, recreation room, and/or storage. (3) Temporary real estate tract office and signage in compliance with Section 18.02.053. (4) Temporary Contractors office and/or storage. 030 Site Development Standards. 0301 Building Site Requirements. All provisions of Section 18.32.061 shall apply in addition to the following: (1) A minimum project site of one (1) net acre shall be required. (2) Minimum project frontage of one (1) block shall extend from public street to public street. (3) Each Boulevard Residential dwelling unit shall be sited on a minimum twenty-five foot (25'0") wide lot with frontage on Anaheim Boulevard and rear alley access. (4) Minimum lot depth shall be ninety feet (90'0"). .0302 Structural Height and Area Limitation (1) Adjacent to Anaheim Boulevard, the height of a primary Boulevard Residential dwelling unit above finished grade shall not exceed thirty 0 feet (3010"). Uninhabited architectural projections such as roof gables, roof peaks and parapets may extend above this height limit in conformance with Section 18.04.030.028. (2) Adjacent to rear alleys, the height of an accessory building to a Boulevard Residential unit shall not exceed one (1) story. (3) Maximum site coverage by all residential and accessory buildings is 70% for lots less than 110 feet in depth and 60% for lots greater than 110 feet in depth. (4) All other provisions of Section 18.32.062 shall apply to this Boulevard Residential use. 0303 Structural Setback and Yard Requirements (1) Adjacent to Anaheim Boulevard, a minimum front yard setback of not less than seventeen feet (17'0") wide shall be required, as measured from the front property line. (2) A minimum two -foot (2'0") wide landscape setback is required between the sidewalk and front fence, to be maintained as common area. (3) Adjacent to public alleys, a minimum setback of not less than eight feet (8'0") wide, as measured from the property line to the fence or structure, shall be required. (4) For lots with a depth greater than or equal to one hundred and ten (110'0") feet, a minimum fifteen -foot (151) wide landscaped rear yard located between the dwelling unit and any accessory building shall be required, providing no less than three hundred seventy five square feet (375'0") of usable recreational/leisure space. (5) Each dwelling unit shall be provided a total of not less than 500 square feet of usable open space, including elevated decks or terraces, which decks or terraces shall not 9 exceed 125 square feet of the total, requisite usable open space. (6) For lots less than one hundred ten feet (110'0") in depth, a minimum twenty -foot (20'0") rear yard and allowed parking zone shall be required. (7) Garages and accessory buildings separate from the primary dwelling unit shall maintain a minimum five foot (5'0") wide side yard along one side property line. (8) At corner lots with side yards abutting a roadway, a minimum fifteen feet (15'-0") wide setback shall be provided and maintained as common area. (9) For lots adjacent to non-residential land uses, a minimum five foot (5'0") wide setback shall be provided and maintained as common area. .0304 Required Improvement of Yards and Setback Areas (1) Landscaped areas visible from public rights of way shall be designed, and installed as part of the common area and maintained by the Homeowner's Association of each project. (2) A minimum of one 36 inch box tree shall be provided and maintained in the front yard of each dwelling unit pursuant to the Master Landscape Plan for South Anaheim Boulevard. (3) A minimum of one 24 inch box tree shall be provided and maintained within the required alley setback. (4) For lots less than 110 feet in depth, the rear yard and allowed parking zone shall incorporate the following design features: (a) Decorative hardscape materials such as colored and/or stamped concrete, brick, pavers, and other similar materials. pus __ T_ __ T---- (b) Landscaping of any area not used for parking. 0305 Vehicular Access and Off -Street Parking Requirements. Notwithstanding any other provisions of this chapter to the contrary, Sections 18.06.040 and 18.06.050 shall apply with the following exceptions: (1) Vehicular access to Boulevard residential lots shall be restricted to rear alleys. (2) Parking, including required guest parking may be provided in tandem configuration. 0306 Required Site Screening/Walls and Fences. The provisions of Section 18.04.047 shall apply with the following exceptions: (1) Adjacent to major arterials, a maximum four foot (4'-0") high open view fencing or combination solid/open fence shall be required along the front yard. The solid wall portion of the fence shall be limited to a maximum of 18 inches in height, with open view fencing above. (2) A maximum six foot (6'-0") high fence shall be provided along each side property line, with the following conditions: (1) When side yard fence is located in front yard setback, fence shall not exceed five (4'0") in height and shall be either open view fence or combination solid/open fence with same design as front yard fence; (2) Side yard fencing located between rear and front yard setbacks shall be constructed of solid materials. (3) When an accessory building is not provided at the rear setback line, a maximum six foot (6'0") high solid wall incorporating a minimum six foot (6'0") high automated gate shall be provided at the rear setback line. Gate shall be automatically controlled, with one minimum six foot (6'0") stationery section attached at each side of the required side yard wall fence, and two moveable six foot sections on rollers which open parallel 11 to, and behind each stationery section. Alternate automatic gate designs shall be subject to review and approval of the City's Traffic and Transportation Manager. (4) Solid material walls shall be constructed of stucco over block, brick, river rock, painted wood or other materials compatible with the materials and colors used for the primary residential structure. 0307 Other Provisions. The following design guidelines shall apply to Boulevard Residential dwelling units: (1) The front facade of boulevard residential dwelling units shall be architecturally enhanced with variations, including the following: facade depth; window proportions and mullions, bays, materials, roof and parapet lines, and other details such as cornices or belt courses, and color. (2) CC&Rs shall be established for the maintenance of all common landscaping areas, as defined in Section .0304(1), above. (3) Each dwelling unit located adjacent to a major street shall incorporate a front porch with minimum area of 45 square feet and a minimum depth of five feet (5'-0"). This front porch shall not encroach into the required front yard. 18.56.060 COMMERCIAL ZONES 18.56.061 NEIGHBORHOOD COMMERCIAL DISTRICT AND COMMERCIAL -MIXED DISTRICTS The requirements contained in Chapter 18.44 (Commercial Limited) shall apply except as otherwise specified. .010 Additional Uses. .0101 In addition to the uses permitted by the underlying zone, the following buildings, structures and uses, either singly or in combination, are permitted: 12 (1) Development residential single site of the AMC, 18.56. For and commerc for each pr of mixed commercial uses with units above the first floor on a in conformance with Chapter 18.32 except as amended by this Chapter projects with mixed residential ial uses, CC&Rs shall be prepared aject. (2) Development of mixed commercial uses with senior citizen apartments above the first floor on a single site in conformance with Chapter 18.32 and Chapter 18.94 of the AMC, except as amended by this Chapter 18.56. (3) Development of boulevard residential uses in conformance with Section 18.56.052 of this Chapter of the AMC. 020 Development Standards. The provisions of Section 18.04 shall apply, with the following exceptions: 0201 Building Site Requirements for Mixed -Use Developments (1) A minimum project site of one (1) net acre is required where mixed commercial/residential uses are proposed. (2) A minimum lot width of one hundred feet (100'0") is required where mixed commercial/residential uses are proposed. (3) Where above ground residential uses are proposed, no more than 30 percent of the habitable structure may be used for non- residential uses. .0202 Structural Height and Area Limitations for Mixed - Use Developments. (1) Structure height is limited to forty feet (40'0"). (2) For any portion of a mixed use development located within fifty feet (50'0") of a single-family residential zoned property, the 13 maximum height shall be limited to twenty two feet (22'0") with the exception of architectural projections which may extend up to an additional six feet (6'0") above this height limit. (3) Tuck -under, and subterranean parking is permitted in conformance with Chapter 18.06 of the AMC. 0203 Structural Setback and Yard Requirements for Mixed -Use Developments. All provisions of Chapter 18.32 shall apply except for the following: (1) Structural setback shall not be required along public streets, except along public alleys. (2) A minimum of 200 square feet of usable recreation/leisure space is required for each dwelling unit. Such space may be satisfied by either private balconies or patios, roof gardens or common recreational/leisure areas, or a combination thereof. Minimum size of a private patio or balcony is 50 square feet, with a minimum dimension of five feet (5'0"). 0204 Off Street Parking and Loading Requirements for Mixed Use Developments. (1) The design of the parking areas and of the ingress and egress to the parking areas shall be subject to the approval of the City Traffic and Transportation Manager. The parking study or other such study as may be required by the City Traffic and Transportation Manager shall minimally contain and address the following factors: (a) the design and location of separate driveway entrances to the residential and commercial portions of the project; (b) property identification of the separate parking entrances; 14 (c) layout and design of the separate parking lots designated for residential and commercial uses. (2) For mixed-use projects, vehicle parking shall be provided as required by Chapter 18.06 of the Anaheim Municipal Code. Parking requirements for residential and commercial uses shall be calculated separately and satisfied independently. Variances to permit deviation from these requirements in terms of reduction of required spaces through shared parking, due to the nature of a mixed-use project, may be considered pursuant to Section 18.06.080. 0205 Sign Regulations for Mixed Use Developments. All provisions of Chapter 18.05 and 18.44.067 shall apply, with the following exceptions: (1) Freestanding signs shall be prohibited. (2) Wall signs shall be limited in area to a total of 30 square feet. (3) Each commercial business shall be limited to one wall sign with the exception of corner locations where one sign per street frontage may be permitted. 18.56.062 PROFESSIONAL OFFICE/MEDICAL DISTRICT The requirements contained in Chapter 18.41 (Commercial, Office and Professional Zone)of the AMC shall apply. 18.56.063 REGIONAL COMMERCIAL DISTRICT The requirements contained in Chapters 18.04 and 18.44 of the AMC shall apply, except that sign regulations specified in Section 18.05.070 - Special Events, Banners and Balloons, shall apply to existing commercial uses previously established within the underlying Industrial Zone. 18.56.064 PROHIBITED USES AND STRUCTURES IN COMMERCIAL ZONES The following uses and structures shall be prohibited in commercial zones including the Neighborhood Commercial District 15 and Neighborhood Commercial-Mised Districts, the Professional Office/Medical District and the Regional Commercial District: 010 Pool or billiard centers 020 Reconditioned used merchandise sales 030 Sex -oriented businesses 040 Saunas and/or turkish baths, except when integrated into a hotel use 050 Amusement device arcades, except when integrated into a hotel use or a full-service restaurant 060 Automobile sales and rental agencies and lots 070 Automotive vehicle repairs, overhaul, installation of parts and accessories .080 Billboards .090 Boarding and/or lodging houses .110 Commercial use of residential structures .120 Jail farms or honor farms for prisoner rehabilitation .130 Labor camps .140 Mobilehome park subdivisions .150 Pawnshops .160 Self -storage or mini warehouse facilities .170 Balloons, fixed or tethered, including inflatable advertising devices 18.56.070 OPEN SPACE/EDUCATIONAL DISTRICT The requirements contained in Chapter 18.88 of the AMC shall apply. 18.56.080 SIGN STANDARDS .010 Resolution of Inconsistent Provisions 16 T. T Notwithstanding any other provision of this Code to the contrary, all provisions governing signs or advertising structures of any type in the SABC Overlay Zone shall be contained within this Chapter; provided, however, the provisions of Chapter 18.05, entitled "Outdoor Advertising - Signs and Billboards," Chapter 4.04, entitled "Outdoor Advertising Signs and Structures - General," and Chapter 4.09 entitled "Advertising of Motel and Hotel Rental Rates" of this Code shall apply to signs and advertising structures in the SABC Overlay Zone to the extent such provisions are not inconsistent with this Chapter. 020 Variance From Sign Requirements No person shall install or maintain any sign in the SABC Overlay Zone except as permitted herein; provided, however, that any requirements or restrictions may be waived in whole or in part upon such conditions as may be imposed by the Zoning Administrator, Planning Commission, or the City Council by a Zone Variance processed and approved in accordance with all procedures, requirements, and restrictions established for variance pursuant to Chapter 18.03 entitled, "Zoning Procedures - Amendments, Conditional Use Permits and Variances" of the Anaheim Municipal Code. Notwithstanding the foregoing, a variance shall not be granted for a parcel of property which authorizes a sign use which is not otherwise expressly authorized by the zone regulations governing the parcel of property. 030 Signs Approved In Conjunction With Conditional Use Permits. Approval of any Conditional Use Permit shall be deemed to constitute approval of any on-site signs which are otherwise permitted in the SABC Overlay Zone unless, as part of the action approving the Conditional Use Permit, more restrictive sign requirements are imposed. 040 Legal Nonconforming Signs - General Any sign or other advertising display or structure of whatever type or nature, other than an illegal sign, which violates or otherwise does not comply with the applicable requirements of this Chapter shall be subject to compliance with the regulations prescribed herein in the time and manner hereinafter set forth. 17 T... ,7._ __.. _- _.. _ ._ _._ 1111._ _ _..__ .0401 Legal Nonconforming Signs - Continuation and Termination Any legal nonconforming sign or sign structure in existence in the SABC Overlay Zone on the effective date of this Chapter which violates or otherwise does not conform to the provisions hereof shall be removed, altered, or replaced so as to conform to the requirements of this Chapter (hereinafter the "Abatement") within fifteen (15) years after the date said sign first becomes nonconforming to the provisions of this Chapter, or on such earlier date as may be designated in conformance with the requirements specified in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or any successor provisions thereto. In no event shall such abatement be required unless and until the owner of said sign has received not less than one (1) year's advance written notice directing removal or alteration of the sign. Notwithstanding the foregoing, and in compliance with any applicable due process requirements: (1) Any advertising display which was lawfully erected which does not conform to the provisions of this Chapter, but whose use has ceased, or the structure upon which the display exists has been abandoned by its owner, for a period of not less than ninety (90) days, shall be removed, altered, or replaced so as to conform to the provisions of this Chapter within six (6) months from the date of receipt of a written order of abatement from the City requiring such abatement. Costs incurred by the City in removing an abandoned display shall be borne by or charged to the legal owner of the real property upon which said sign is located. (2) Any advertising display structure which does not conform to the provisions of this Chapter which has been more than fifty percent (50%) destroyed (by valuation of the sign), and the destruction is other than facial copy replacement, and said structure cannot be repaired within thirty (30) days of the date of its destruction shall be removed, altered, or replaced so as to conform to the provisions of this Chapter within sixty (60) days from the date of receipt of a written order M of abatement from the City requiring such abatement. (3) Any advertising display which does not conform to the provisions of this Chapter, whose owner, outside of a change of facial copy, requests permission to remodel, and remodels that advertising display, or expands or enlarges the building or intensifies the land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling of the building, shall remove, alter, or replace such sign so as to conform to the requirements of this Chapter in conjunction with said project. (9) Any advertising display which does not conform to the provisions of this Chapter for which there has been an agreement between the advertising display owner and the City for its removal as of any given date shall remove such sign in accordance with the provisions of said agreement. (5) Any advertising display which may become a danger to the public or is unsafe shall be removed, altered, or replaced so as to conform to the requirements of the Chapter within thirty (30) days from the date of receipt of a written order of abatement from the City requiring such removal or alteration. Any advertising display which poses an immediate danger to public health or safety, shall be abated as provided in the written order of abatement from the City. (6) Any advertising display which is determined by the City Engineer to constitute a traffic hazard not created by the relocation of streets or highways or by acts of the City shall be removed, altered, or replaced so as to conform to the requirements of this Chapter as provided in the written order of abatement from the City requiring such removal or alteration. (7) Any other advertising display which does not conform to the provisions of this Chapter for which the City is exempt from the payment of compensation in conjunction with requiring its removal as specified in Chapter 2.5 of Division 3 19 of the Business and Professions code of the State of California, or any successor provisions thereto shall be subject to removal as specified in said Code. (8) Illegal signs. subsection 18.48 to Signs" of the removed, altered the requirements months following Chapter." SECTION 2. Illegal signs as defined in .130.010, "Definitions Pertaining Anaheim Municipal Code shall be or replaced so as to conform to of this Chapter within six (6) the effective date of this SEVERABILITY This ordinance is contingent upon the City Council's adoption of General Plan Amendment No. 2000-00376. 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 the 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 of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation 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 S. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or 20 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 12th day of December 2000. MA OR OF THE CITY OF ANA IM ATTEST: CI Y CLERI OF T E CITY OF ANAHEIM 39002.6\SMANN\November 28, 2000 21 Huitt-Zollars, Inc./ 15101 Red Hill Avenue/ Tustin, California 92780-6500 /Phone (714) 259-7900/ Fax (714) 259-0210 10-0298-57(A) 04-20-00 Revised 07-24-00 That portion of Sections 10, 11, 14, 15, 22, 23 and 26, Township 4 South, Range 10 West in the Rancho San Juan Cajon de Santa Ana as shown on the map recorded in Book 51, Page 10 of Miscellaneous Maps in the office of the County Recorder of Orange County, California, described as follows: Beginning at the intersection of the centerline of Ball Road (of variable width) with the centerline of Lemon Street as shown on the map of Tract No. 2090 filed in Book 61, Pages 38 and 39 of Miscellaneous Maps in the office of said County Recorder; thence North 15°23'37" West 1259.32 feet along said centerline of Lemon Street as shown on Tract No. 1909 on the map filed in Book 59, Pages 13 and 14 of Miscellaneous Maps in the office of said County Recorder to the Easterly prolongation of the Northerly line of said Tract No. 1909; thence South 74°29'00" West 157.00 feet to the Southerly prolongation of the Easterly line of the land shown on the map filed in Book 81, Page 43 of Record of Surveys, in the office of said County Recorder; thence along Southerly prolongation and said Easterly line, the following courses: North 1591'00" West 150.00 feet, South 74°29'00" West 20.79 feet, and North 15°31'00" West 50.00 feet to the Northeasterly comer of said land shown on last said Record of Survey; thence North 74129'00" East 185.80 feet along the Easterly prolongation of the Northerly line of last said land to the centerline of said Lemon Street; thence North 15023'37" West 94.00 feet along said centerline to the Easterly prolongation of the Northerly line of the land shown on the map filed in Book 39, Page 4 of Record of Surveys in the office of said County Recorder; thence South 74°29'00" West 315.84 feet along last said Easterly prolongation, to a line parallel and Easterly 110.00 feet from the Westerly line of said land shown on last said Record of Survey; thence North 15°25'01" West 193.91 feet along said parallel line to the centerline of Vermont Street (66.00 feet wide); thence North 74°29'00" East 112.55 feet along said centerline of Vermont Street to the Southerly prolongation of the Easterly line of Tract No. 2324 as shown on the map filed in Book 74, Page 7 of Miscellaneous Maps in the office of said County Recorder, said point hereinafter referred to as "Point A"; thence North 15°21'20" West 1352.25 feet along said Easterly line to the centerline of West South Street (62.50 feet wide); thence North 74028'34" East 377.62 feet along said centerline of South Street to the Southerly prolongation of the Easterly line of Lots 16 through 22 of the Stueckle Subdivision as shown on the map filed in Book 8, Page 43 of Miscellaneous Maps in the office of said County Recorder; thence North j 15°28'40" West 392.75 feet along said Easterly line to the Southerly line of Stueckle Avenue (60.00 feet wide), as shown on said map of Stuckle Subdivision; thence South 74°22'00" West 206.00 feet along said Southerly line and the Westerly prolongation ATTACHMENT "A" Page 2 10-0298-57(A) 04-20-00 Revised 07-24-00 thereof to the Westerly line of said Lemon Street (56.00 feet wide), said Westerly line being parallel with and Westerly 31.25 feet from the centerline of Lemon Street as shown on the map of Tract No. 212 filed in Book 13, Page 1 of Miscellaneous Maps in the office of said County Recorder; thence North 15°28'30" West 465.42 feet along said last mentioned Westerly line to a line parallel with and Northerly 38.25 feet from the centerline of Water Street (60.00 feet wide) as shown on said map of Tract No. 212; thence North 74°25'00" East 363.31 feet along said last mentioned parallel line to the Southeast corner of Lot 31 of said Tract No. 212; thence North 15°30'00" East 205.94 feet along the Easterly line of said Lot 31 and its Northerly prolongation to the Southeasterly corner of Lot 25 of said Tract No. 212; thence South 74°25'00" West 80.00 feet along the Southerly line of said Lot 25 to the Southwesterly corner of said Lot 25; thence North 15°30'00" West 188.31 feet along the Westerly line of said Lot 25 and Lots 24, 23 and 22 of said Tract No. 212 to the Northerly line of said Lot 22 of Tract No. 212; thence South 74°25'00" West 259.32 feet along said Northerly line and its Westerly prolongation to the Westerly line of said Lemon Street (56.00 feet wide), said Westerly line also being the Easterly line of Block A of Tract No. 365 as shown on the map filed in Book 15, Page 14 of Miscellaneous Maps in the office of said County Recorder; thence along said last mentioned Easterly line and the Northerly line of said Block A, the following courses: North 15°28"30' West 184.75 feet, South 74°24'45" West 949.85 feet; North 15128'30" West 1.00 foot, and South 74°24'45" West 75.57 feet to a line parallel with and Westerly 145.00 feet from the centerline of Harbor Boulevard (width varies); thence North 15°26'15" West 49.86 feet along last said parallel line to a line parallel with and Southerly 186.75 feet from the centerline of Santa Ana Street (66.00 feet wide); thence South 74°24'45" West 145.00 feet along last said parallel line to the centerline of said Harbor Boulevard; thence North 15°26'15" West 186.75 feet to the centerline of Santa Ana Street (66.00 feet wide); thence North 74°24'45" East 802.72 feet along last said centerline to the centerline of Clementine Street, as shown on the map of Graves vs. Bustemente et. al as on the map recorded in Book 310, Page 176 of Deeds, in the office of the County Recorder of Los Angeles County; thence North 15125'00" West 826.29 feet along said centerline of Clementine Street to the centerline of Broadway Street (width vanes) as shown on Tract No. 119 on the map filed in Book 11, Page 18 of Miscellaneous Maps in the office of said County Recorder of Orange County; thence North 74°30'00" East 382.50 feet along said centerline to the centerline of said Lemon Street as shown on said Tract 119; thence South 15°30'00" East 203.25 feet along said centerline of Lemon Street to the Westerly prolongation of the Southerly line of Lots 49 through 52 of the Original Town Lots as shown on the map recorded in Book 4, Page 630 of Deeds, in the office of the County Recorder of said Los Angeles County; thence North 74030'00" East 305.25 feet along said Southerly line to the Southeasterly corner of said Lot 51; thence South 15°30'00" East 31.50 feet along the Westerly line of Lot 54 of said Original Town Lots to a line parallel with and Southerly 31.50 feet from the Northerly line of said Lot 54; thence North 74°30'00" East 140.25 feet along last said parallel line to the Easterly .VmsN10-0296-57PoSABCoverlfdAxn/zk Page 3 10-0298-57(A) 04-20-00 Revised 07-24-00 line of said Lot 54; thence North 15°30'00" West 31.50 feet along said Easterly line to the Southwesterly corner of said Lot 49; thence North 74°30'00" East 180.25 feet along the Southerly line of said Lot 49 and its Easterly prolongation to the centerline of Anaheim Boulevard (width varies); thence North 15°30'00" West 46.50 feet to the Westerly prolongation of the Southerly line of Lots 1 through 7, Block N, as shown on the Amended Map of a portion of the Center Tract as filed in Book 1, Page 91 of Miscellaneous Maps in the office of said County Recorder of Orange County; thence North 74°30'00" East 783.00 feet along last said Southerly line and the Southerly line of Lots 1 through 7 of Block M of said Amended Map of a portion of the Center Tract to the centerline of Philadelphia Street; thence South 15°30'00" East 490.00 feet along said_ _ centerline of Philadelphia Street to -the Westerly prolongation of the Northerly line of the 1.10 acre railroad grounds lot as shown on said Amended Map of a portion of the Center Tract; thence North 74°30'00" East 387.75 feet aloe said prolongation andsaid Northerly line to the centerline of Olive Street (width varies); thence South 15°31'40" East 1014.00 feet along said centerline of Olive Street to the centerline of Water Street (width varies) as shown on Parcel Map No. 89-311 on the map filed in Book 260, Pages 1 through 4 of Parcel Maps in the office of said County Recorder; thence South 74128'20" West 174.75 feet along last said centerline to the Southerly prolongation of the Easterly line of Tract No. 497 as shown on the map filed in Book 17, Page 38 of Miscellaneous Maps in the office of said County Recorder; thence along said prolongation said last mentioned Easterly line and the Northerly line of said Tract No. 497, the following courses: North 15°31'30" West 398.08 feet to the beginning of a non -tangent curve concave Westerly having a radius of 423.14 feet, a radial line to said curve bears North 57'21'13" East, Northerly 69.11 feet along said curve through a central angle of 9021'29" and South 74°24'00" West 586.05 feet to the centerline of Claudina Street (60.00 feet wide) as shown on the map filed in Book 58, Page 8 of Records of Stu-veys in the office of said County Recorder; thence North 15°29'45" West 210.73 feet along said centerline to the Northerly line of the land shown on last said Record of Survey; thence South 74°30'00" West 358.95 feet along said Northerly line to the Easterly line of Anaheim Boulevard (width varies); thence South 15°30'00" East 211.20 feet along last said Easterly line to the Westerly prolongation of the prolongation of said Tract No. 497; thence North 74°24'00" East 154.42 feet along last said prolongation to the Westerly line of said Tract No. 497; thence South 15°39'00" East 149.00 feet along last said Westerly line to the centerline of Ellsworth Avenue (58.00 feet wide) as shown on said Tract No. 497; thence North 74°24'00" East 204.42 feet along last said centerline to the centerline of said Claudina Street; thence South 15°39'00" West 309.89 feet along last said centerline to the centerline of said Water Street; thence South 74°24'00" West 249.70 feet along said centerline of said Water Street to the Northerly prolongation of the Easterly line of Lots 1 through 7 of Block A of Tract No. 373 as shown on the map filed in Book 15, Page 49 of Miscellaneous Maps in the office of said County Recorder, thence South 15°30'00" East 386.45 feet along said parallel line to the Northerly line of Lot 1, Block A of Tract No. 372 on the map filed in Book 15, Page 18 of Miscellaneous Maps in the MNsn/10-0298-57NSABCaver/jfdNNzk Page 4 10-0298-57(A) 04-20-00 Revised 07-24-00 office of said County Recorder; thence North 74°24'00" East 2.50 feet along said last mentioned Northerly line; thence South 15°30'00" East 100.72 feet to the Northerly line of Lot 3, said Block A of Tract No. 372; thence South 74°24'00" West 0.50 feet along said last mentioned Northerly line; thence South 15°30'00" East 150.00 feet to the Northerly line of Lot 6, said Block A of Tract No. 372; thence North 74024'00" East 0.50 feet along said last mentioned Northerly line; thence South 15°30'00" East 107.75 feet to the Southerly line of Lot 7, said Block A of Tract No. 372; thence South 74024'00" West 2.50 feet along said last mentioned Southerly line; thence South 15030'00" East 74.75 feet to the centerline of said South Street as shown on said Tract No. 372; thence North 74°38'00" East 997.95 feet along said centerline of.said._South-Street to. the Northerly - prolongation of the Westerly line of said Olive Street as shown on the South Street Tract on the map filed in Book 8, Page 89 of Miscellaneous Maps in the office of said County Recorder; hence South 15°31'30" East -45L04 feet alnn at said wP<t__l, 1?ne t" -4i, -- Northeast comer of Tract No. 221 filed in Book 13, Page 4 of Miscellaneous Maps in the office of said County Recorder; thence continuing South 15°31'30" East 432.63 feet along said Westerly line of said Tract No. 221 to the Northerly prolongation of the Easterly line of Lots 17 through 20 of Tract No. 1871 filed in Book 57, Page 38 of Miscellaneous Maps in the office of said County Recorder; thence South 15132'40" East 461.45 feet along said Northerly prolongation, said Easterly line, and the Southerly prolongation of last said easterly line to the centerline of Vermont Street (66.00 feet wide); thence South 74°28'00" West 930.89 feet along last said centerline to the Northerly prolongation of the Easterly line of Lots 1 through 5 of Tract No. 1245 as shown on the map filed in Book 43, Pages 26 and 27 of Miscellaneous Maps in the office of said County Recorder; thence South 15°32'15" East 518.00 feet along said Northerly prolongation and said Easterly line and the Easterly line of Lot 6 of said Tract No. 1245; thence South 23007'05" East 34.34 feet along the Easterly line of said Lot 6 to the general Southerly line of said Tract No. 1245; thence South 15°32'15" East 31.09 feet along said general Southwesterly line to the general Northerly line of Tract No. 1379 as shown on the map filed in Book 43, Pages 6 and 7 of Miscellaneous Maps in the office of said County Recorder; thence South 15°32'15" East 298.94 feet along said general Northerly line, and its Southerly prolongation to the centerline of Lorraine Drive; thence North 74°13'45" East 121.46 feet along last said centerline to the Northerly prolongation of the Easterly line of Lot 3 of said Tract No. 1379; thence South 1532'15" East 104.96 feet along said Easterly line of said Lot 3 to the Southeast corner of said Lot 3, and Southeast comer being on the general Southerly line of said Tract No. 1379; thence along the general Southerly line, the following courses: South 15°32'15" East 22.18 feet, North 74°27'45" East 112.00 feet, South 15°32"15' East 99.36 feet, and North 74°13'45" East 709.71 feet to the Southeast corner of said Tract No. 1379, said point being also on the Westerly line of the Southern Pacific Railroad right-of-way (width varies); thence South 15°28"09' East 1128.06 feet along said Westerly right-of-way of Southern Pacific Railroad as shown on the map filed in Book 106, Page 4 of Parcel Maps in the office of said County Recorder to the centerline of said Ball Road as shown on Tract No. 3351 filed in Book 110, Pages 5 mlwsn/10-0298-57NSABCover/jfMm/zk Page 5 10-0298-57(A) 04-20-00 Revised 07-24-00 through 7 of Miscellaneous Maps in the office of said County Recorder; thence continuing South 15°28'50" East 296.12 feet along said Westerly right-of-way of Southern Pacific Railroad to the Northerly line of the land shown on the map filed in Book 79, Page 31 of Record of Surveys in the office of said County Recorder; thence South 74°31'10" West 389.02 feet along said Northerly line to the centerline of Claudina Street (60.00 feet wide) as shown on said Tract No. 3351; thence South 15028150" East 1284.69 feet along last said centerline of said Claudina Street as shown on said Tract No. 3351 and Tract No. 3313 as shown on the map filed in Book 107, Pages 34 through 37, of Miscellaneous Maps in the office of said County Recorder to the Northerly line of Parcel Map No. 79-248 as shown on the map filed in Book 145, Pages 22 and 23 of Parcel Maps in the office of said County Recorder; thence along the Northerly and Easterly lines of said Parcel Map No. 79-248, the following courses: South 60°32'46" East 20.79 feet; North 74°31'10" East 374.39 feet to said Westerly right-of-way line of said Southern Pacific Railroad, and South 15°28'50" East 486.99 feet to the Southeast corner of Parcel 2 of said Parcel Map No. 79-248; said point being also the Northeasterly corner of Parcel 2 as shown on the map filed in Book 113, Pages 5 and 6 of Parcel Maps in the office of said County Recorder; thence continuing South 15°25'57" East 743.15 feet along said Westerly right-of-way line to the centerline of Cerritos Avenue; thence continuing along said Westerly right-of-way line South 15°32'47" East 2740.88 feet to the centerline of Katella Avenue, as shown on the map filed in Book 88, Page 23 of Parcel Maps in the office of said County Recorder; thence South 89°53'58" West 1105 feet more or less along said centerline of Katella Avenue to the centerline of the Santa Ana Freeway (Interstate 5); thence along said centerline the following courses: North 40°50'15" West 370 feet more or less more or less, North 39°55'52" West 751.45 feet, and North 40°52'20" West 3620 feet more or less to the Southerly prolongation of that portion of the centerline of Palm Street shown as having a bearing and distance of "N 6008'11" W 168.44' " on Tract No. 3011 as shown on the map filed in Book 94, Pages 12 and 13 of Miscellaneous Maps in the office of said County Recorder; thence North 6°08'11" West 440 feet more or less along said Southerly prolongation and said centerline to the Westerly prolongation of the Northerly line of said Tract No. 3011; thence North 89°56'58" East 47.99 feet along said Westerly prolongation and said Northerly line; thence South 89°59'59" East 661.36 feet along said Northerly line to the Northeasterly corner of said Tract No. 3011, said point being also the Northwesterly corner of Tract No. 2495 as shown on the map filed in Book 115, Pages 8 and 9 of Miscellaneous Maps in the office of said County Recorder; thence North 89°59'46" East 636.00 feet along said last Northerly line to the centerline of Iris Street (60.00 feet wide) as shown on Tract No. 2637 as filed in Book 80, Pages 1 and 2 of Miscellaneous Maps in the office of said County Recorder; thence along said centerline of Iris Street, the following courses: North 0°13'40" West 535.36 feet to the beginning of a curve concave Westerly having a radius of 400.00 feet, Northerly 63.31 feet along said curve through a central angle of 9°04'10" to the beginning of a reverse curve concave Easterly having a radius of 400.00 feet, and Northerly 63.31 feet along said curve through a central angle of 9°04'10" to the Northerly rzVtusN I0-0298-57/I/SABCoverlfd/Im/rk Page 6 10-0298-57(A) 04-20-00 Revised 07-24-00 line of said Tract No. 2637, said point being also on the Southerly prolongation of the centerline of Iris Street as shown on Tract No. 2090 on the map filed in Book 61, Pages 38 and 39 of Miscellaneous Maps in the office of said County Recorder; thence North 0°13'40" West 660,30 feet along said Southerly prolongation and the centerline of said Iris Street to the centerline of said Ball Road; thence South 89°55'35" West 375.86 feet along said centerline to the point of beginning. EXCEPTING therefrom that portion described below: Commencing at "Point A" described above; thence North 74°29'00" East 203.37 feet along the centerline of Vermont Avenue to the centerline of Lemon Street as shown on said Tract No. 2324; thence North 15°27'55" West 141.65 feet along the centerline of Lemon Street to the Westerly prolongation of a line parallel and Northerly 141.65 feet from the centerline of Vermont Avenue as shown on the map filed in Book 26, Page 37 of Record of Surveys in the office of said County Recorder, said point being the TRUE POINT OF BEGINNING; thence North 74°22'03" East 144.75 feet along said parallel line to the Easterly line shown on said Record of Survey; thence North 15°27'55" West 120.00 feet to the Southerly line of Tract No. 1602 as shown on the map filed in Book 46, Page 50 of Miscellaneous Maps in the office of said County Recorder; thence South 74°22'03" West 125.42 feet along said Southerly line to the Westerly prolongation of the South line of Tract No. 1194 as shown on the map filed in Book 38, Pages 1 and 2 of Miscellaneous Maps in the office of said County Recorder; thence North 74°21'15" East 189.02 feet along last said Southerly line to the Southerly prolongation of the Westerly line of Lot 22 of said Tract No. 1194; thence North 15°36'55" West 161.23 feet along said prolongation to the Southwest comer of said Lot 22 of Tract 1194; thence along the Southerly line of said Lot 22 and the Southerly and Southeasterly lines of Lot 21 of said Tract No. 1194, the following courses: North 74°22'03" East 99.00 feet to the beginning of a tangent curve concave Northwesterly having a radius of 15.00 feet, and Northeasterly 8.43 feet along said curve through a central angle of 32012'49" to a line parallel with and Westerly 47.00 feet from the centerline of Anaheim Boulevard (of variable width), formerly Los Angeles Street, as shown on said map of Tract No. 1194; thence North 159655" West 479.38 feet along said parallel line to a point on the Northeasterly line of Lot 10 of said Tract No. 1194, said Northeasterly line being a curve concave Southwesterly, having a radius of 15.00 feet, a radial line to said point bears North 16°36'56" East; thence along said Northeasterly line and the Northerly line of said Lot 10, the following courses: Westerly 8.44 feet along said curve through a central angle of 32°14'53" and South 74°22'03" West 42.00 feet to the Northwest corner of said Lot 10, said corner being on the Southerly prolongation of the Westerly line of Lot 1 of said Tract No. 1194; thence North 159655" West 151.52 feet along said prolongation and said last mentioned Westerly line to the Northerly line of said Tract No. 1194; thence South 74°22'45" West 249.34 feet along said last mentioned Northerly line and the Westerly m/mso/10-0298-57NSABCover/jfd4m/zk Page 7 10-0298-57(A) 04-20-00 Revised 07-24-00 prolongation thereof to the Easterly line of Tract no. 11 as shown on the map filed in Book 9, Page 11 of Miscellaneous Maps in the office of said County Recorder of Orange County; thence South 15°28'30" East 353.54 feet to the Northerly line of Valencia Avenue (55.00 feet wide) as shown on said Tract No. 11; thence South 74°31'30" West 269.10 feet along last said Northerly line to the centerline of said Lemon Street; thence South 15128'30" East 535.93 feet along said centerline to the true point of beginning. Containing an area of 430 acres more or less. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. F. GT 69� NO. 5557 9/30/01 JAMES P. GILLEN, LS 5557 m/tusn/10-0298-57NSP.BCover/jfd/ItNzk ATTACHMENT B MITIGATION MONITORING PLAN NO. 112 Project : South Anaheim Boulevard Corridor (SABC) Overlay Zone Location: Approximately 430 acres located along, and adjacent to, General Plan Amendment No. 2000-00376 Anaheim Boulevard between Broadway to the north and the Code Amendment No. 2000-00002 Santa Ana (I-5) Freeway to the south. Reclassification No. 2000-00023 Terms and Definitions: 1. Property Owner/Developer - Any owner or developer of real property within the South Anaheim Corridor Overlay Zone. 2. Environmental Equivalent/Timing - Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule_ 3. Timing - This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility for Monitoring - Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. Ongoing Mitigation Measures - The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit - For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. Measure No. Timing Measure Responsible for Monitorin Completion AIR RESOURCES 1-1 On-going during The project applicant shall comply with all applicable South Coast Air Quality construction asbestos regulations in the demolition process, including, Management District but not limited to: • South Coast Air Quality Management District Rule Planning Department, Building 1401 Division • CCR Title 8, Article 4, Section 1528 et seq., California Occupational Safety and Health Regulations • CCR Title 22, Division 4.5, Section et seq., Environmental Health Standards for the Management of Hazardous Waste • Health & Safety code Section 25249.5 et seq., Safe Drinking Water and Toxic Enforcement Act of 1986. 1-2 On-going during Individual development projects will be required to South Coast Air Quality construction perform mitigation measures from Table two in the 1998 Management District AQMD CEQA Handbook. These mitigation measures insure the clean up of construction related dirt on Public Works, Field Engineering approach routes to construction sites and require Division regulation of fugitive dust emissions. The mitigation measures that will be implemented for the project are as Planning Department, Building follows: Division • Apply water or chemical soil stabilizers as needed according to manufacturers' specifications to all unpaved or staging areas or unpaved road surfaces • Replace ground cover in disturbed areas as quickly as possible. • Enclose, cover, water as needed or apply approved soil binders according to manufacturers' specifications, to exposed piles (i.e., gravel, sand, and dirt). • Water active sites as needed • Sweep streets at the end of the day if soil or similar material is carried over to adjacent roads. -2- Measure No. I Timing Measure Res onsible for Monitoring Completion ENERGY CONSERVATION 2-1 To be shown on approved Energy conservation measures required by Title 24 shall Planning Department, Building building plans be implemented to help reduce stationary emissions. Division 2-2 To be shown on approved Mitigation measures for mobile and stationary sources Public Works, Traffic and building plans from the AQMD CEQA Handbook that will be Transportation Division implemented for the project as feasible on a project -by - project basis include the following: Planning Department, Building • Provide preferential parking spaces for carpools and Division vanpools and provide 7'2" minimum vertical clearance in parking facilities for van process • Implementing on-site circulation plan in parking lots to reduce vehicle queuing • Reduce employee parking spaces for those businesses subject to Regulation XV. • Use solar or low -emission water heaters • Use central water heating systems • Use built-in energy efficient appliances • Increase walls and attic insulation beyond Title 24 requirements • Provide shade trees to reduce building heating/cooling needs • Use energy-efficient low -sodium parking lot lights • Provide adequate ventilation systems for enclosed parking facilities • Use lighting controls and energy efficient lighting • Use light colored roof materials to reflect heat • Substitute materials (e.g., use water-based paints, life -cycle analysis) • Implement resource recovery systems that redirect chemicals to new production processes • Synchronize traffic lights on streets impacted by development • Reschedule truck deliveries and pickups for off-peak hours • Require on-site truck loading zones • Construct on-site or off-site bus turnouts, passenger benches or shelters • Contribute to regional transit systems (e.g., right-of- way, capital improvements, etc.) -3- Measure No. Timing Measure Responsible for Monitoring Completion 2-2 • Construct, contribute or dedicate land for the (continued) provision of off-site bicycle trails linking the facility to designate bicycle commuting routes NOISE 3-1 During construction During all project site preparation, grading and Planning Department, Code construction, the project contractors shall equip all Enforcement Division construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers standards. 3-2 During Construction Construction activities shall not begin until 7:00 am. Planning Department, Code Enforcement Division 3-3 During construction The project contractor shall place all stationary Planning Department, Code construction equipment as far as feasible from proximate Enforcement Division receptor locations and oriented such that emitted noise is directed away from sensitive receptors near the project site. 3-4 During construction Construction routes will be established where necessary Public Works, Traffic and and practical to prevent noise impacts on sensitive Transportation Division receptors. 3-5 During construction The construction contractor shall locate equipment Planning Department, Code staging areas to create the greatest possible distance Enforcement Division between construction -related noise sources and noise sensitive receptors near the project site during all site preparation, grading and construction. 3-6 Prior to the issuance of a A representative of the Redevelopment Agency shall Redevelopment Agency building permit meet with school representatives for any project involving direct Agency assistance located within 1/< mile of a school site to develop project specific mitigation measures, as appropriate. The purpose of these meetings will be to develop additional mitigation measures, if necessary, to minimize impacts of construction on schools. These measures may include rerouting of construction -related vehicles, restrictions of construction activities by time of day, use of muffling devices on construction equipment and/or other measures. Measures will be implemented through the Agency's permit approval 2rocess. APOOOIJB.DOC In 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. 5748 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of December, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of December, 2000, by the following vote of the members thereof: AYES: NOES: ABSENT: (SEAL) MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None CITY CLEAK OF THE CITY OF ANAHEIM