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6141ORDINANCE NO. 6141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 13 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP92-2), AMENDING ORDINANCE NO. 5453, AS PREVIOUSLY AMENDED, AND AMENDING ZONING AND DEVELOPMENT STANDARDS SET FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, on September 27, 1994, the City Council of the City of Anaheim adopted Ordinance No. 5454 amending the zoning map to reclassify certain real property described therein into the Anaheim Resort Specific Plan No. 92-2 zone subject to certain conditions as specified therein, and Ordinance No. 5453 relating to establishment of Zoning and Development Standards for the Anaheim Resort Specific Plan No. 92-2 by the addition of Chapter 18.48 [subsequently renumbered as Chapter 18.116] to said Code; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No. 92-2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67 -acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the Anaheim Resort Specific Plan No. 92-2, a request to amend the zoning and development standards to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26, 1999 City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local street status of Convention Way; and WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5694 amending Ordinance Nos. 5453 relating to Amendment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 0.73 -acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and -1- WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement for properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the Anaheim Resort Specific Plan Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary parking requirements; and WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non- conforming building; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5453 relating to Amendment No. 5 (which also incorporates Amendment No. 4) to the Anaheim Resort Specific Plan No. 92-2, which amendment revised the legal description and boundaries of the Anaheim Resort Specific plan by reclassifying and incorporating 27 -acres into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, on February 8, 2005, the City Council adopted Ordinance No. 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the Anaheim Resort Specific Plan No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of mini-market/convenience markets as accessory uses in conjunction with a relocated service station and prohibition of tow truck operations in conjunction with service station facilities; and WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the Anaheim Resort Specific Plan No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of the Anaheim Resort Residential (ARR) Overlay Zone to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels within targeted areas; and WHEREAS, on May '8, 2007, the City Council adopted Ordinance No. 6058 amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92-2, which amendment relates to modifications to the Zoning and Development Standards pertaining to development criteria for wholly -residential development within the ARR Overlay on a designated 26.7 acre site within the ARSP Area; and WHEREAS, on March 4, 2008, the City Council adopted Ordinance No. 6099 amending Ordinance No. 5453 relating to Amendment No. 9 to the ARSP No. 92-2, to repeal 2 modifications to the Zoning and Development Standards, previously approved by Amendment No. 8 to the ARSP No. 92-2; and WHEREAS, on February 20, 2008, Planning Commission approved Specific Plan Amendment No. 10 to the ARSP No. 92-2 to construct a mixed use project consisting of a 105 - room hotel on the western 1.5 -acre portion of the project site adjacent to Harbor Boulevard, and a 191 -unit, condominium complex, including nine live/work units, on the eastern 3.3 -acre portion of the project site and the petition was subsequently withdrawn by the applicant; and WHEREAS, on March 4, 2008, City Council adopted Ordinance No. 6098 amending Ordinance No. 5453 relating to Amendment No. 11 to the ARSP No. 92-2 and to amend the General Plan to generally prohibit residential development within The Anaheim Resort unless such a project included environmental and economic analysis, city council approval and voter approval at a city election; and WHEREAS, on October 14, 2008, City Council adopted Ordinance No. 6117 amending Ordinance No. 5453 relating to Amendment No. 12 to the ARSP No. 92-2 to re- designate a 5.9 acre, "L" -shaped property at Ball Road and Walnut Street from Low -Density to Medium Density to develop a 120 -room hotel; and WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning Commission") did receive a verified Petition for Specific Plan Amendment No. 2008-00055 (also referred to herein as "Amendment No. 13 to the ARSP No. 92-2"); and said amendment is a proposal to create a new density category called "Low Medium Density (Modified)," to (a) re- designate certain real property situated in The Anaheim Resort area of the City of Anaheim, County of Orange, State of California as more particularly described in Exhibit "A" attached hereto and incorporated by this reference from Low Medium Density to Low Medium Density (Modified); (b) amend the Central Core and Special Intersection Landscape Treatment to allow special landscape and hardscape treatments at the corner of Harbor Boulevard and Katella Avenue; and (c) amend the sign code to allow a greater number and larger signs than currently permitted by Code for hotels and accessory retail, allow a changeable copy sign for a hotel when not visible from street level subject to approval of a conditional use permit, allow murals subject to approval of a conditional use permit and allow building integrated multi -tenant signs subject to approval of a conditional use permit; and WHEREAS, Specific Plan Amendment No. 2008-00055 is proposed in conjunction with General Plan Amendment No. 2008-00470; Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009-00297); Conditional Use Permit No. 2009-05403; Variance No. 2008-004761; Determination of Public Convenience or Necessity No. 2009-00056; and Final Site Plan No. 2008-00004 to construct a nine -story, 252 - room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference/meeting rooms and hotel offices (hereinafter the "Discretionary Actions"); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with 3 the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed project actions, including Specific Plan Amendment No. 2008-00055, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, on March 2, 2009 considered and approved the proposed Amendment No. 13 to the ARSP No. 92-2 and recommended to the City Council that it adopt an ordinance approving said proposed amendment; and WHEREAS, the Planning Commission has reviewed the Discretionary Actions and did find and determine that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, the City Council did fix the 31st day of March, 2009, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed Amendment No. 13 to the ARSP No. 92-2 and did give notice thereof in the manner and as provided by law; and WHEREAS, on March 31, 2009, the City Council did duly hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports at said hearing; and WHEREAS, the City Council, as lead agency for purposes of the California Environmental Quality Act, having reviewed the Discretionary Actions, does hereby find and determine that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Ordinance No. 5453, as previously amended, be and the same is hereby, amended to revise the Zoning and Development Standards in Chapter 18.116 (formerly, Chapter 18.48) of the Anaheim Municipal Code, as set forth below. 4 SECTION 2. That subsection .030 of Section 18.116.100 Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".030 Landscaping. .0301 Compliance with Design Plan Required. Except as otherwise provided in this chapter and in Section 18.116.130 (Central Core), all required setback areas shall be fully and permanently landscaped with lawn, trees and shrubs and may include walkways, plazas, fountains, and other similar materials (not including turf block) in accordance with the Design Plan. A minimum of eighty percent (80%) of the required setback area, excluding driveways perpendicular to the street, on all lots abutting all public streets shall contain live landscape materials. .0302 Maintenance of Landscaping Required. All landscaped areas shall be permanently maintained in a neat and orderly manner as a condition of use and in accordance with the Design Plan. .0303 Required Size of Plant Material. All required trees shall be of a size at the time of planting not less than the minimum size specified in the Design Plan. If not specified in the Design Plan, the trees shall be fifteen (15) gallon. All required shrubs shall be of a size at time of planting not less than the minimum size specified in the Design Plan. If not specified in the Design Plan, the shrubs shall be five (5) gallon. .0304 Replacement of Damaged, Diseased, or Dead Plant Material. Any required plant material planted on-site which is subsequently removed, damaged, diseased and/or dead shall be replaced on-site in a timely manner with comparable plant material with a minimum size as recommended by the Design Plan. .0305 Coverage. Groundcover shall be planted and maintained where shrubbery and/or trees are not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to the plant materials, subject to the approval of the Planning Department. .0306 Irrigation. All required landscape areas shall be provided and maintained with a permanent, automatic irrigation system in accordance with the Design Plan. Such system shall incorporate water conserving features. .0307 Minimum Landscape and Open Space. The minimum landscape and recreation area for any hotel or motel use shall be fifteen (15%) percent of the total area of the site. Such minimum landscaped open space may include: landscape areas with plantings of trees, shrubs and groundcover; water features including, but not limited to, swimming pools, spas, ponds, lakes, and fountains; pedestrian walkways and patios; landscaped areas within parking facilities; and, areas intended for emergency access paved with turf block. Paved areas intended primarily for vehicular traffic including, but not limited to, temporary and/or permanent parking facilities; 5 driveways, and porte-cocheres shall not be considered as landscaped open space for the purposes of this requirement. .0308 Special Intersection Landscape Treatment. Concurrent with any building hereinafter erected in this Zone or any building structurally modified to an extent exceeding forty-five percent (45%) of the gross floor area of said existing building within any two (2) year period, and which building is located on any lot abutting any of the following intersections, landscaping, paving and lighting improvements shall be provided within that certain intersection area as described in and in compliance with the criteria set forth in the Design Pian: .01 Ball Road and Disneyland Drive. .02 Deleted. .03 Harbor Boulevard and Orangewood Avenue. 04 Katella Avenue and Haster Street/Anaheim Boulevard. 05 Katella Avenue and Disneyland Drive/West Street. 06 Manchester Avenue/Harbor Boulevard. SECTION 3. That Section .130 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.116.130 CENTRAL CORE. .010 Purpose. The purpose of the Central Core is to create a consistent, high quality pedestrian environment that reinforces the character established by the landscape and other streetscape elements identified in The Anaheim Resort Identity Program.. The Central Core boundaries encompass lots or parcels with frontage on Harbor Boulevard between Interstate -5 Freeway and Orangewood Avenue and on Katella Avenue between Interstate -5 Freeway and Walnut Street. Subsections .020 and .040 below apply to the minimum required setback areas adjacent to the ultimate public right-of-way. Subsection .030 below applies to the area between the ultimate public right-of-way and the actual (constructed) building setback. Subsections .050 through .070 below apply to development encompassing lots or parcels with frontage on both Harbor Boulevard and Katella Avenue, identified as the "Harbor Boulevard/Katella Avenue Intersection Area" and depicted on Exhibit 5.3.4a (Central Core Plan). Other guidelines for development of uses within the Central Core are provided in the Design Plan. .020 Required Landscape Setback Area. Up to eighty percent (80%) of the required landscape setback area adjacent to the ultimate public right-of-way may be paved provided: .0201 The paved area will serve pedestrian -related activities (outdoor dining, access to retail stores integrated with hotel/motel developments, and similar uses); and, .0202 Landscape shall be designed and installed in conformance with the tree density requirements identified in the Design Plan and depicted in Exhibit 5.6.6.3a (Tree Density Factor Plan). .030 Location of Parking Areas. No parking areas shall be located between the ultimate public right-of-way and the actual (constructed) building setback. .040 Lighting. Fluorescent, low pressure sodium, high pressure sodium, and mercury vapor are prohibited in the front setback areas. .050 Required Landscaped Setback Area Within the Harbor Boulevard/Katella Avenue Intersection Area. The minimum setback along Harbor Boulevard may be reduced to eleven (11) feet. .060 Permitted Encroachments Within the Harbor Boulevard/Katella Avenue Intersection Area. Canopies and balconies may encroach three feet into the required setback along both Harbor Boulevard and Katella Avenue. Canopies for ground floor seating and dining areas may encroach within the required setback along Katella Avenue to the property line. .070 Paving Within the Harbor Boulevard/Katella Avenue Intersection Area. Up to one hundred percent (100%) of the setback area may be paved provided: .0701 The paved area will serve pedestrian -related activities (outdoor dining, access to retail stores integrated with hotel/motel developments, and similar uses); and .0702 Landscaping shall be designed and installed in conformance with the tree density requirements identified in the Design Plan and depicted in Exhibit 5.6.6.3a (Tree Density Factor Plan). Trees may be provided in decorative containers consistent with the architecture of the project." SECTION 4. That Table 116-K (Permitted, Conditionally Permitted and Prohibited Signs) of subsection .030 of Chapter 18.116.160 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 5. That new paragraph (F) be, and the same is hereby, added to subsection .040 of Section 18.116.160 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code, to read as follows: "(F) For development located within the Harbor Boulevard/Katella Avenue Central Core Intersection Area as depicted on Exhibit 5.3.4a (Central Core Plan) of the Specific Plan, Multi - Tenant Signs integrated with the building architecture may be permitted in lieu of a Freestanding Monument Sign subject to approval of a conditional use permit. The sign(s) must be integrated into the design of the building, consistent with project architecture and designed in accordance with the following: (i) One sign is permitted on each street frontage (up to two (2) signs per lot), provided that if two (2) signs are installed, each sign shall be located a minimum distance of seventy-five (75) feet from the intersection. If one sign is installed, it may be installed at the corner or along either street frontage. (ii) Unless installed at the corner, the sign must be oriented perpendicular to the adjacent street. (iii) The maximum permitted height is fourteen (14) feet and maximum permitted width is 11 feet. (iv) The sign may be single or double sided. (v) The total area of tenant copy may not exceed 135 square feet per side. Up to four tenants maybe advertised." SECTION 6. That Table 116-S (Business Identification Wall Signs — Hotel/Motel) of subsection .060 of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit `B" attached hereto and incorporated herein by this reference. SECTION 7. That Table 116-T (Accessory Business Wall Sign — Hotel/Motel) of subsection .070 of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "C" attached hereto and incorporated herein by this reference. SECTION 8. That, except as expressly amended herein, Ordinance No. 5453, as previously amended, shall remain in full force and effect. SECTION 9. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. 8 SECTION 10. SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 11. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 31 st day of March , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 14th day of April , 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Kring NOES: Council Member Galloway ABSENT: NONE ABSTAIN: NONE C ATTEST: CITY CLERK OF THE CITY O ANAHEIM 72443.v1 /MGordon[72211.v 1 /Wann] 9 EXHIBIT "A" Section 18.116.160 (SIGN REGULATIONS) SUBSECTION NO. 18.116.160.030, TABLE 116-K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS (SPN2008-00055) Table 116-K P Permitted by Right Permitted, Conditionally Permitted and C Conditional Use Permit Prohibited Signs N Prohibited Sign Type C-R Special Provisions District A -frame or "sandwich board" N signs Animated signs N Attachments or "riders" to signs N Automotive Service Station C Subject to Table 116-K of Section Signs 18.116.160.040.0401 (Automotive Service Station Signs) and Planning Standard Detail No. 7. Awning (Canopy Signs) P Canopy signs on awning valances are considered wall signs and are subject to the provisions of wall signs as provided in Section 18.116.160 Table 116- S; Table 116-T; and Table 116-U; and, the following provisions: (a) Such signs shall be permitted on awning valances, provided awnings shall not be permitted to project over or into a public right-of-way and the awnings shall be an integral part of the building design. (b) Said signs shall be pedestrian oriented; (c) Said signs shall not be internally illuminated; (d) Only fifteen percent (15%) of the entire surface of the awning may be utilized for the sign; (e) Said sign may include the company name and/or company symbol/logo; and, (f) Up to one canopy/awning may have "The Anaheim Resort" logo located on the canopy/awning in a size and location approved by the Planning Director. - 1 - Beacon lights or beacon signs, N when the intent of such signs is advertising and not entertainment, which shall not have adverse glare on adjoining properties. Billboards N Business information signs N Can -type signs which N incorporate translucent copy and translucent background. Changeable copy signs C Including electronic message boards for a theater, entertainment facility, convention center, amusement park; for hotel complexes and recreational vehicle or campsite parks provided the site on which the use is located is a minimum of four (4) acres in area; or, for hotel complexes when the sign is not visible from any public right-of-way, as may be seen from a point six (6) feet above ground level. In addition, the following provisions shall apply to such signs: (a) In addition to the permitted business identification wall signs, changeable copy signs shall be wall signs provided the top of such sign is below the cornice of the building or twenty-five (25) feet, whichever is lower, except theaters or entertainment facilities, which may have a changeable copy sign which displays identification and program information, the name of the theater or auditorium and it may be a marquee sign. Changeable copy signs for hotel complexes which are not visible from any public right-of-way, as may be seen from a point six (6) feet above ground level may exceed the twenty-five (25) foot height limitation subject to compliance with applicable height standards. (b) Such signs shall not be visible from residentially developed properties. (c) The design of such signs shall be integrated with the architecture of the building. (d) Animation and bare bulbs are allowed as they pertain to bulb matrix technology (a technology used for reader board changeable message signs). Except under the above provisions, no other changeable copy signs are otherwise permitted. "Come-on" signs (e.g., "Sale N Today," "Stop," "Look," "Going out of Business," etc.). "Closed and Open" Signs P Subject to Table 116-0 of this Section. Emitting signs N Exposed neon signs. N Flashing or traveling light signs. N Fluorescent colors on signs N except for colors on company symbols. Freestanding Monument Signs. P Subject to Table 116-P of Section 18.116.160.040 and Planning Standard Detail Nos. 5, 6, 7 or 8. Informational, Regulatory and P Subject to Table 116-R of Section Directional (IRD) signs NOT 18.116.160.050.0405 (Informational, Regulatory visible from the Public Right -of and Directional (IRD) signs NOT visible from the Way. Public Right -of -Way). Informational, Regulatory and P Subject to Section 18.116.050.0508 (Informational, Directional (IRD) signs Regulatory and Directional (IRD) signs VISIBLE VISIBLE from the Public Right- from the Public Right -of -Way). of -Way Landscape signs. N Magnetic signs. N Off -premises or off-site N directional signs. On-site directional guidance and N on-site directory signs which are not part of a coordinated architectural, informational, directional and regulatory sign system. Paper, cloth and plastic streamer N signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Section 18.44.170 (Temporary Signs —Special Event Permit). Painted signs on exterior walls. N Parapet signs N Except as otherwise permitted for automotive service stations pursuant to section 18.116.160.040.0401 (Automotive Service Station). Pennants except as otherwise N permitted pursuant to Section 18.44.170 (Temporary Signs — Special Event Permit). Pole signs N Political Campaign signs P Notwithstanding any other provision of this chapter, political campaign signs shall be permitted on private property subject to 18.44.210.030 (Political Signs) with the exception that such signs shall comply with the following: (a) Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in paragraph 18.116.160.020.0208 (Minimum Sight Distance Requirements for Freestanding Signs); (b) Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 (Prohibition of Signs in the Public Right -of -Way); and (c) Compliance with Title 15. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 "Building and Housing" of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty-five (35) square feet or less and which structure is removed within one hundred and twenty (120) days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first. Portable signs N Product advertising signs (e.g., N soft drinks, cigarettes, etc.). Projecting signs C As defined in subsection 18.44.030 (Signs) and subject to the following provisions: (a) A maximum sign area of four (4) square feet; (b) One (1) per business or store front (c) Limited to the business name and/or logo (d) Lowest point of sign shall be eight (8) feet above ground level directly below sign. (e) Maximum height to be determined by Conditional Use Permit. (f) Sixteen (16) -foot minimum distance between signs on the same parcel. (g) Thirty (30) inch maximum projection from building face. (h) Externally illuminated signs only. Replicas of official traffic N control signs or signs so similar as to be confusing or hazardous to traffic. Restaurant Menu Board P Subject to the following provisions: (a) One (1) per main entrance to restaurant; (b) Limited to display of restaurant menu only; (c) Shall be permanently affixed to building wall adjacent to main entrance; (d) A maximum sign area per face of 4 square feet; (e) A maximum 3 -inch projection from building face; (f) May be internally illuminated. Roof signs N Rotating or revolving signs N Signs attached to trees or N landscaping Signs neither otherwise C expressly permitted nor otherwise expressly prohibited in this Zone. Signs projecting over or into the N public right-of-way except as otherwise expressly permitted herein. Statues utilized for advertising N purposes. Temporary signs except as N otherwise expressly permitted herein. Vehicle entrance or exit signs N which incorporate business name(s) or other advertising not in compliance with Section 18.116.160.050.0304 and Table 116-N "Informational, Regulatory and Directional (IRD) Signs Visible from the Public Right-of-Way." Vehicle signs (signs mounted or N displayed on a vehicle for advertising purposes) or the parking or storing of advertising vehicles on public or private property. Wall Signs P Walls located below the third (3rd) floor level of a building and which signs are located on a property adjacent to and visible from residentially developed properties are not permitted. Subject to Table 116-Q, Table 116-R and Table 116-S of Section 18.116.160.050 (Regulation of Specific Types of Signs) Window Identification Signs P Subject to the following provisions: (a) A maximum sign area often percent (10%) of the area of the largest glass windowpane or four (4) square feet, whichever is less, positioned so that views into the premises are not obstructed; (b) The maximum number of signs per lot is subject to the provisions for wall signs indicated in Tables 116-Q 116-R and 116-S; (c) Sign copy is limited to the business name and/or logo; (d) Painted, screen-printed or leafed letters/symbol on to interior surface of glass. Window Signs N Including neon signs and signs painted on display windows with day-glo, or temporary paint (other than permitted window identification signs as defined above (Window Identification Sign)). EXHIBIT `B" Section 18.116.160 (SIGN REGULATIONS) SUBSECTION NO. 18.116.160.060, TABLE 116-S BUSINESS IDENTIFICATION WALL SIGNS — HOTEL/MOTEL (SPN2008-00055) Table 116-S Business Identification Wall Sign—Hotel/Motel Number of Stories 1- 2 3-4 5-7 8 or more Maximum Sign 160 square feet 200 square feet 250 square feet 300 square feet Area per Sign Face Maximum 2 feet 4 feet 4 feet, 6 inches 5 feet, 6 inches Letter/Symbol Height Symbol Only 3 feet 7 feet 8 feet 10 feet Maximum Height Maximum Two (2), except that for hotels or motels located on a corner property, up to Number of Signs four (4) signs may be permitted per Building For buildings at mid -block locations, signs shall be located on non -adjacent building elevations; provided that for buildings over five (5) stories in height, the two wall signs may be located on adjacent building elevations as long as only one sign is legible at any time from any point on the adjacent public right- of-way. Buildings over five (5) stories may have one additional wall sign located on each porte-cochere with a maximum letter/symbol height of twenty-four (24) inches and one additional wall sign located above the main lobby pedestrian entrance with a maximum letter/symbol height of twenty-four (24) inches. Sign Copy Sign copy limited to hotel/motel name and/or logo. Sign copy shall be located no closer than one-half the size of the largest letter/symbol to the top and sides of the building wall or fascia or to the closest window line adjacent to the sign. Sign copy shall be located below the top of the building eave line or roof line, whichever is lower. Illumination Illumination Limitations No bare bulbs, exposed neon, animated or flashing signs. No internally illuminated can signs displaying corporate hotel/motel affiliations. No internally illuminated canopies/awnings. All raceways shall be concealed. Allowable Illumination For symbols only, sign cabinet with letters/symbol routed from opaque background with internally illuminated copy. Reverse metal pan channel letters/symbol with neon halo illumination. Internally illuminated channel letters/symbol with translucent face panels. Open pan channel letters/symbol with clear translucent face panels. Other Limitations 12 inch maximum projection from building face or from architectural projection. Projection over the public right-of-way is prohibited. Signs shall be attached without visible supports or raceways. Canopy and awning sign design must be an integral part of the building design and are in lieu of permitted wall signs. Wall signs located below the third (3) floor level of a building and which signs are located on a property adjacent to and visible from residentially developed properties are not permitted. EXHIBIT "C" Section 18.116.160 (SIGN REGULATIONS) SUBSECTION NO. 18.116.160.070, TABLE 116-T ACCESSORY BUSINESS WALL SIGNS — HOTEL/MOTEL (SPN2008-00055) Table 116-T Accessory Business Wall Sign — Hotel/Motel Maximum Up to eighty percent (80%) of the tenant storefront length. Length of Sign Maximum One (1) sign that is visible from the public right-of-way per business. If a Number of business has frontage on two streets, two (2) signs may be permitted, one facing Signs Per each street. An additional sign may be permitted on the corner, if the main Business entrance to the business is located on the corner. Sign Copy Limited to business name and/or logo. Limitations Shall be located below the second floor line. Maximum Letter Height: thirty-six (36) inches for the first letters, twenty-four (24) inches for copy. Maximum Symbol Height (when used with a company name or logo): thirty-six (36) inches Symbol Only Maximum Height: thirty-six (36) inches Other No flashing signs, exposed neon or bare bulbs. Limitations Signs shall be attached without visible supports or raceways. Signs shall be installed directly above or adjacent to the main entrance of the business. Wall signs are permitted for restaurant or retail shops with a GFA of less than 10,000 square feet when it has a separate entrance other than through hotel/motel lobby; businesses with a GFA of 10,000 square feet or more may have one wall sign per street frontage whether or not it has a separate entrance other than through the hotel/motel lobby. Accessory business wall signs not visible from the public right-of-way are exempt, provided they are part of a coordinated sign program. Q AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: April 23, 2009 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: April 23, 2009 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 Proof SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 13 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (SP92.21, AMENDING ORDINANCE NO. 5453 AS PRE- VIOUSLYY AMENDED, AND AMENDING ZONING AND DEVELOPMENT STANDARDS SET FORTH IN CHAP- TER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICI- PAL CODE. This ordinance amends the Zoning and Development Standards of the Anaheim Resort Specific Plan 92-2 (SP92- 2), Chapter 18.116 of the Anaheim Municipal Code, as fol- lows: This ordinance creates a new density category "Low Medi- um Density (Modified)" and reclassifies certain property lo- cated within the Anaheirq Resort Specific Plan 92-2, as fur- ther described in said ordinance, from Low Medium Density land use designation to the new density category Low Medi- um Density (Modified), to allow the construction of a nine - story, 252 -room hotel with 75,593 square feet of supporting retail, spa, nightclub, lounges, restaurants, conference/meeting rooms and hotel offices. The intersection of Harbor Boulevard and Katella Avenue is currently identified as a Special Intersection in the Central Core Plan of the Anaheim Resort Specific Plan 92-2. This amendment removes this intersection from the Special In- tersection list and establishes a new category titled "Harbor Boulevard/Katella Avenue Intersection Araa". Within this area, the setback along Harbor Boulevard would be re- duced from 26 feet to 11 feet and revises standards to allow decorative canopies and balconies to encroach into re- Gwired setback areas. Additionally, setback areas along Harbor Boulevard and Katella Avenue would be permitted to be paved; Provided, however, that the paved areas serve pedestrian-reFeted activities and that the landscaping com- pplies with the minimum tree density identified in the Ana- heim Resort Specific Plan, Design Plan. This ordinance also amendments to the sign require- ments of the Anaheim Resort Specific Plan 92-2 to allow (i) certain signs that are not otherwise permitted within the Anaheim Resort Specific Plan subject to a Conditional Use Permit; (ii) changeable copy signs for a hotel when not visi- ble from any public right-of-way, as may be seen from a point six (6) feet above ground level, subject to approval of a conditional use permit (iii) multi -tenant signs integrated into the design of a building, in lieu of freestanding signs, subject to the approval of a conditionaluse permk and limit- ed to properties within the Harbor Boulevard/Katalla Avenue Intersection Area; (iv) modify the size and number of permit- ted wall signs for hhotel/motels over five stories that are lo- cated on comerpropeKies within the Anaheim Resort Spe- cific Plan area; and (v) modify wall sign standards for com- mercial uses accessory to a hotel. Currently, signs for ac- cessory businesses are limited to a letter height of 24 in- ches and a maximum area of 30 square feet. This amend- ment would allow a larger first letter of up to 36 inches. Ad- ditionally, the maximum area limitation would be replaced with a maximum length limitation of up to 80% of the length of the storefront. Finally, the Zoning Code currently does not allow accessory businesses to have a sign unless the entrance is separate from that of the hotel. This amnd- ment would allow businesses of at least 10,000 square fee et in size to have one sign per street front even if they do not have a separate entrance from that of the hotel. I, Linda N..Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6141 which ordinance was introduced at a regular meet- ing of the City Council of the City of Anaheim on the 31st day of March, 2009 and was duly passed and adopted at a regular meeting of said Council on the 14th day of April, 2009 by the following roll call vote of the members thereof: AYES: Mayyor Pringle, Council Members Hernandez, Sidltu, Kring NOES: - Council Member Galloway ABSENT: NONE ABSTAIN: NONE The above summary is a brief description of the subject matter contained in the text of Ordinance No. 6141, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or de- scribe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 7655166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. PROOF OF PUBLICATION I I Publish: Anaheim Bulletin Aoril 23 9082249 1