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PC 2012/11/05 City of Anaheim Planning Commission Agenda Monday, November 5, 2012 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Chair Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Stephen Faessel, Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, November 1, 2012, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 11/05/12 Page 2 of 6 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A AMENDMENT TO RESOLUTION NO. PC2012-052 APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703 AND VARIANCE NO. 2012-04895 (DEV2012-00015) Location: 2610 East Katella Avenue and 1730 South Douglass Road Request: To consider minor amendments to Resolution No. PC2012-052, approving the reconfiguration of the outdoor seating area for an existing restaurant and microbrewery with the sales and consumption of alcoholic beverages, with fewer parking spaces and a smaller landscape setback than required by Code. Staff Report New Correspondence Project Planner: Vanessa Norwood vnorwood@anaheim.net 11/05/12 Page 3 of 6 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2012-05624 VARIANCE NO. 2012-04902 (DEV2012-00085) Location: 1584 West Katella Avenue Request: To construct a new coin-operated, self-serve car wash facility with a reduced front landscaped setback and less parking than required by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net ITEM NO. 3 VARIANCE NO. 2012-04899 (DEV2010-00113A) Location: 2560 East La Palma Avenue Request: To permit a six-foot high fence within the required front setback area of an existing church. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: Vanessa Norwood vnorwood@anaheim.net 11/05/12 Page 4 of 6 ITEM NO. 4 ENVIRONMENTAL IMPACT REPORT NO. 2008-00340 AND MISCELLANEOUS CASE NO. 2010-00421 GENERAL PLAN AMENDMENT NO. 2010-00482 SPECIFIC PLAN AMENDMENT NO. 2010-00060 ZONING CODE AMENDMENT NO. 2010-00093 MISCELLANEOUS CASE NO. 2010-00478 MISCELLANEOUS CASE NO. 2010-00479 MISCELLANEOUS CASE NO. 2010-00484 (DEV2010-00044) Location: The Anaheim Resort Specific Plan area includes 581.3 gross acres located generally west of Interstate 5, south of Vermont Avenue, east of Walnut Street and north of Chapman Avenue. Request: To allow an expansion of the Anaheim Convention Center and to update and streamline the documents that govern and regulate development within the Anaheim Resort Specific Plan area through the following actions: • Amendments to the: o Anaheim General Plan (General Plan Amendment No. 2010-00482) o Anaheim Resort Specific Plan No. 92-2 (Specific Plan Amendment No. 2010-00060) o Title 18 (Zoning Code) of the Anaheim Municipal Code (Zoning Code Amendment No. 2010-00093) o The Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478) o The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479) o Ordinance No. 5454 (Miscellaneous Case No. 2010-00484) Environmental Determination: Recommendation that the City Council certify Supplemental Environmental Impact Report No. 2008-00340, including the adoption of: o Findings and a Statement of Overriding Considerations o Mitigation Monitoring Program No. 85C, and, a o Water Supply Assessment (Miscellaneous Case No. 2010-00421) Staff Report New Correspondence Project Planner: Susan Kim skim@anaheim.net Adjourn to Monday, November 19, 2012 at 5:00 p.m. 11/05/12 Page 5 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. October 31, 2012 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 11/05/12 Page 6 of 6 S C H E D U L E 2012 November 19 December 3 December 17 December 31 I (PTMU)KatellaARENA PLAZA PR (PTMU)ArenaHONDA CENTER I (PTMU)KatellaAYRES HOTEL PR (PTMU)ArenaPARKING LOT I (PTMU)KatellaSPORTS GALLERYCOMMERCENTER SP (PTMU)MAINTENANCE DIVISIONO.C.F.C.D. PR (PTMU)ArenaPARKING LOT PR (PTMU)ArenaPARKING LOT 57 FREEWAY57 FREEWAYE KATELLA AVES DOUGLASS RDE. KATELLA AVES. LEWIS STE. CERRITOS AVE S. SUNKIST STE. ORANGEWOOD AVE E. HOWELL AVE 2 6 1 0 Ea st Katella Avenue and 1730 South Douglass Road D E V N o. 2012-00015 Subject Property APN: 232-072-05 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 ATTACHMENT NO. 2 - 1 - PC2012-___ REDLINED TO SHOW REVISIONS RESOLUTION NO. PC2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. PC2012-052, NUNC PRO TUNC, RELATING TO THE APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703 AND VARIANCE NO. 2012-04895. (DEV2012-00015) (2610 EAST KATELLA AVENUE) WHEREAS, on August 27, 2012, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission"), adopted its Resolution No. PC2012-052, whereby the Planning Commission approved (i) an amendment to Conditional Use Permit No. 3703 to permit a reconfigured outdoor patio seating area for an existing restaurant/microbrewery, and (ii) Variance No. 2012-04895 to permit fewer parking spaces and a landscape setback less than required by the Anaheim Municipal Code (herein referred to as the "Code") for a commercial center and restaurant/microbrewery occasioned by the acquisition by the City of a portion of the subject property for the widening of Douglass Road; and WHEREAS, Variance No. 2012-04895, which permits fewer parking spaces than required by the Code, was approved upon the condition that the requisite off-site parking spaces would be provided on the adjacent ARTIC property pursuant to a parking agreement between the owner of the subject property and the City of Anaheim; and WHEREAS, in order to ensure that the terms and provisions of Resolution No. PC2012-052 and the conditions of approval attached thereto as Exhibit B do not conflict, and will conform, with the terms and provisions of said parking agreement, the applicant has requested that the Planning Commission amend certain portions of Resolution No. PC2012-052; and WHEREAS, the proposed amendments to Resolution No. PC2012-052 will not change the substance of the terms and provisions of Resolution No. PC2012-052 and the conditions of approval attached thereto as Exhibit B but will, instead, more clearly evidence the intent of the Planning Commission and will also correct some minor inadvertent or clerical errors; and WHEREAS, the Planning Commission has inherent authority to amend its resolutions under these circumstances, which will have retroactive legal effect upon the adoption of this Resolution; and ATTACHMENT NO. 3 - 2 - PC2012-___ WHEREAS, by the adoption of this Resolution, the Planning Commission of the City of Anaheim desires and intends to amend Resolution No. PC2012-052, nunc pro tunc; i.e., having retroactive legal effect. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim as follows: SECTION 1. The Code reference and description of the minimum number of parking spaces required and the variance therefrom, which appeared in the twelfth recital of Resolution No. PC2012-052, is hereby amended to read as follows: "SECTION NO. 18.42.040.010 Minimum number of parking spaces. (163 spaces required; 16 on-site spaces proposed with 147 spaces provided and leased by the restaurant operator property owner on adjacent ARTIC property)." SECTION 2. The third resolution contained in Resolution No. PC2012-052 is hereby amended to read as follows: "BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then such condition shall be deemed stricken and this Resolution, and any approvals herein contained, shall be deemed null and voidmodified by the deletion of such condition." SECTION 3. Condition of Approval No. 6, as set forth on Exhibit B to Resolution No. PC2012-052, is hereby amended to read as follows: "The minimum number of parking spaces required by Code shall be available for subject proposal during periods of peak parking demand as set forth in the parking study prepared by Kimley-Horne Associates in July, 2012. Off-site parking spaces are provided on the adjacent ARTIC property to satisfy the Code requirement, a parking agreement between the Property owner and the City of Anaheim shall be submitted to and approved by the City Attorney's Office and submitted to the Planning Services Division following recordation with the Office of the Orange County Recorder. The conditional use permit shall be valid only if Code required parking is available. The execution and recordation of such parking agreement, and the Property owner's compliance with the terms and conditions thereof, shall conclusively be deemed evidence that Code required parking is available." - 3 - PC2012-___ SECTION 3. Subparagraphs "e", "f", and "h" of Condition of Approval No. 7, as set forth on Exhibit B to Resolution No. PC2012-052, are hereby amended to read as follows: "e. The parking lot of the premises (which does not include the ARTIC property) shall be equipped with lighting to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot." "f. No alcoholic beverages purchased at the restaurant shall be consumed on any property adjacent to the premises under the control of the applicant pursuant to the aforesaid parking agreement." "h. Subject business shall not employ or permit any persons to solicit or encourage others directly, or indirectly, to buy them drinks in the license licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy." SECTION 4. The Conditions of Approval, Exhibit B to Resolution No. PC2012-052, are hereby deleted in their entirety, and the revised Conditions of Approval, attached hereto as Exhibit B and incorporated herein by this reference, are hereby substituted in their place, nunc pro tunc. All references to the Conditions of Approval or the revised Conditions of Approval herein and in Resolution No. PC2012-052 shall be to the revised Conditions of Approval attached to this Resolution as Exhibit B. SECTION 5. Except as expressly amended herein, the provisions of Resolution No. PC2012-052 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the Planning Commission of the City of Anaheim this ____ day of ____________, 2012, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-___ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on ___________, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this ____th day of _________, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 91877 - 5 - PC2012-___ EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703 (Conditional Use Permit No. 3703E) VARIANCE NO. 2012-04895 (DEV2012-00015) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 2 The developer shall obtain a demolition permit from the Building Division. Planning and Building Divisions 3 The recordation of a Save Harmless in-lieu of Encroachment Agreement is required prior to any private storm drains/swales connecting to a City storm drain conveyance. Public Works, Development Services 4 The proposed storm drain facilities for this development shall be privately maintained except the mainline storm drain within the public streets. Public Works, Development Services 5 The ongoing design coordination meetings with Anaheim ARTIC team are in lieu of the normal required improvements and right-of-way dedication for Katella Avenue and Douglass Road. Public Works, Development Services 6 The minimum number of parking spaces required by Code shall be available for subject proposal during periods of peak parking demand as set forth in the parking study prepared by Kimley-Horne Associates in July, 2012. Off- site parking spaces are provided on the adjacent ARTIC property to satisfy the Code requirement, a parking agreement between the Property owner and the City of Anaheim shall be submitted to and approved by the City Attorney's Office and submitted to the Planning Services Division following recordation with the Office of the Orange County Recorder. The conditional use permit shall be valid only if Code required parking is available. The execution and recordation of such parking agreement, and the Property owner's compliance with the terms and conditions thereof, shall conclusively be deemed evidence that Code required parking is available. . Planning Division - 6 - PC2012-___ 7 The restaurant/microbrewery shall continuously adhere to the following conditions, as required by the Police Department. a. The alcoholic beverage license shall not be exchanged for a public premises type license nor shall the premises be operated as a public premises. b. The retail sales of alcoholic beverages for public consumption off the premises shall be limited to alcohol manufactured on the premises. c. There shall be no more than two (2) exterior advertising devices of any kind or type (such as signs), including advertising directed to the exterior from inside the building, promoting or indicating the availability of alcoholic beverages. d. There shall be no live entertainment, amplified music or dancing permitted on the premises at any time without first obtaining all proper permits as required by the Anaheim Municipal Code. e. The parking lot of the premises (which does not include the ARTIC property) shall be equipped with lighting to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. f. No alcoholic beverages purchased at the restaurant shall be consumed on any property adjacent to the premises under the control of the applicant pursuant to the aforesaid parking agreement. g. At any time entertainment is provided on the premises, security shall be provided to the satisfaction of the Anaheim Police Department. h. Subject business shall not employ or permit any persons to solicit or encourage others directly, or indirectly, to buy them drinks in the licenseslicensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. Code Enforcement 8 Solid waste storage and collection, and recycling shall be in compliance with plans approved by the Public Works, Streets and Sanitation Division. Public Works, Streets and Sanitation Division 9 The following uses may be permitted for subject planned unit commercial shopping center in addition to the uses permitted in the Industrial Zone (18.10.030 - Uses): a. Cellular service and/or distribution b. Bakery, sales and/or preparation and distribution limited to facilities with up to ten (10) customer seats c. Food related sales and preparation and distribution Code Enforcement - 7 - PC2012-___ limited to facilities with up to ten (10) customer seats, except that the restaurant approved for Unit B may have over ten (10) seats. d. Clothing and apparel sales and distribution and/or assembly e. Confectionery and/or candy store f. Photo store g. Photography studio h. Coin shop i. Sporting goods store or related type j. Sports related paraphernalia or collectibles sales and assembly and/or distribution k. Ticket agency l. Travel m. Hobby shop n. Jewelry sales, distribution and/or assembly o. Interior design or related use (tile, bath accessories, etc.) p. Retail supply stores including, but not limited, to vehicle accessories and parts, books, hardware, pet shop, toys q. Rental services r. Athletic shore sales and distribution s. Recreational-type store (exercise equipment, etc.) t. Aquatic related sales, services and/or distribution u. General office use 10 Granting of the parking variance is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said variance. Planning Division 11 The activities occurring in conjunction with the operation of this restaurant/microbrewery shall not cause noise disturbance to surrounding properties. Code Enforcement 12 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan), 2, (Elevations), 3 (Landscape Plan) and as conditioned herein. Planning Division [DRAFT] ATTACHMENT NO. 4 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. PC2012-052, NUNC PRO TUNC, RELATING TO THE APPROVAL OF AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703 AND VARIANCE NO. 2012-04895. (DEV2012-00015) (2610 EAST KATELLA AVENUE) WHEREAS, on August 27, 2012, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission"), adopted its Resolution No. PC2012-052, whereby the Planning Commission approved (i) an amendment to Conditional Use Permit No. 3703 to permit a reconfigured outdoor patio seating area for an existing restaurant/microbrewery, and (ii) Variance No. 2012-04895 to permit fewer parking spaces and a landscape setback less than required by the Anaheim Municipal Code (herein referred to as the "Code") for a commercial center and restaurant/microbrewery occasioned by the acquisition by the City of a portion of the subject property for the widening of Douglass Road; and WHEREAS, Variance No. 2012-04895, which permits fewer parking spaces than required by the Code, was approved upon the condition that the requisite off-site parking spaces would be provided on the adjacent ARTIC property pursuant to a parking agreement between the owner of the subject property and the City of Anaheim; and WHEREAS, in order to ensure that the terms and provisions of Resolution No. PC2012-052 and the conditions of approval attached thereto as Exhibit B do not conflict, and will conform, with the terms and provisions of said parking agreement, the applicant has requested that the Planning Commission amend certain portions of Resolution No. PC2012-052; and WHEREAS, the proposed amendments to Resolution No. PC2012-052 will not change the substance of the terms and provisions of Resolution No. PC2012-052 and the conditions of approval attached thereto as Exhibit B but will, instead, more clearly evidence the intent of the Planning Commission and will also correct some minor inadvertent or clerical errors; and WHEREAS, the Planning Commission has inherent authority to amend its resolutions under these circumstances, which will have retroactive legal effect upon the adoption of this Resolution; and WHEREAS, by the adoption of this Resolution, the Planning Commission of the City of Anaheim desires and intends to amend Resolution No. PC2012-052, nunc pro tunc; i.e., having retroactive legal effect. - 2 - PC2012-*** NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim as follows: SECTION 1. The Code reference and description of the minimum number of parking spaces required and the variance therefrom, which appeared in the twelfth recital of Resolution No. PC2012-052, is hereby amended to read as follows: "SECTION NO. 18.42.040.010 Minimum number of parking spaces. (163 spaces required; 16 on-site spaces proposed with 147 spaces provided and leased by the property owner on adjacent ARTIC property)." SECTION 2. The third resolution contained in Resolution No. PC2012-052 is hereby amended to read as follows: "BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then such condition shall be deemed stricken and this Resolution, and any approvals herein contained, shall be deemed modified by the deletion of such condition." SECTION 3. Condition of Approval No. 6, as set forth on Exhibit B to Resolution No. PC2012-052, is hereby amended to read as follows: "The minimum number of parking spaces required by Code shall be available for subject proposal during periods of peak parking demand as set forth in the parking study prepared by Kimley-Horne Associates in July, 2012. Off-site parking spaces are provided on the adjacent ARTIC property to satisfy the Code requirement, a parking agreement between the Property owner and the City of Anaheim shall be submitted to and approved by the City Attorney's Office and submitted to the Planning Services Division following recordation with the Office of the Orange County Recorder. The conditional use permit shall be valid only if Code required parking is available. The execution and recordation of such parking agreement, and the Property owner's compliance with the terms and conditions thereof, shall conclusively be deemed evidence that Code required parking is available." - 3 - PC2012-*** SECTION 3. Subparagraphs "e", "f", and "h" of Condition of Approval No. 7, as set forth on Exhibit B to Resolution No. PC2012-052, are hereby amended to read as follows: "e. The parking lot of the premises (which does not include the ARTIC property) shall be equipped with lighting to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot." "f. No alcoholic beverages purchased at the restaurant shall be consumed on any property adjacent to the premises under the control of the applicant pursuant to the aforesaid parking agreement." "h. Subject business shall not employ or permit any persons to solicit or encourage others directly, or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy." SECTION 4. The Conditions of Approval, Exhibit B to Resolution No. PC2012-052, are hereby deleted in their entirety, and the revised Conditions of Approval, attached hereto as Exhibit B and incorporated herein by this reference, are hereby substituted in their place, nunc pro tunc. All references to the Conditions of Approval or the revised Conditions of Approval herein and in Resolution No. PC2012-052 shall be to the revised Conditions of Approval attached to this Resolution as Exhibit B. SECTION 5. Except as expressly amended herein, the provisions of Resolution No. PC2012-052 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the Planning Commission of the City of Anaheim this 5th day of November, 2012, by the following roll call vote: CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703 (Conditional Use Permit No. 3703E) VARIANCE NO. 2012-04895 (DEV2012-00015) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 2 The developer shall obtain a demolition permit from the Building Division. Planning and Building Divisions 3 The recordation of a Save Harmless in-lieu of Encroachment Agreement is required prior to any private storm drains/swales connecting to a City storm drain conveyance. Public Works, Development Services 4 The proposed storm drain facilities for this development shall be privately maintained except the mainline storm drain within the public streets. Public Works, Development Services 5 The ongoing design coordination meetings with Anaheim ARTIC team are in lieu of the normal required improvements and right-of-way dedication for Katella Avenue and Douglass Road. Public Works, Development Services 6 The minimum number of parking spaces required by Code shall be available for subject proposal during periods of peak parking demand as set forth in the parking study prepared by Kimley-Horne Associates in July, 2012. Off- site parking spaces are provided on the adjacent ARTIC property to satisfy the Code requirement, a parking agreement between the Property owner and the City of Anaheim shall be submitted to and approved by the City Attorney's Office and submitted to the Planning Services Division following recordation with the Office of the Orange County Recorder. The conditional use permit shall be valid only if Code required parking is available. The execution and recordation of such parking agreement, and the Property owner's compliance with the terms and conditions thereof, shall conclusively be deemed evidence that Code required parking is available. Planning Division 7 The restaurant/microbrewery shall continuously adhere to the following conditions, as required by the Police Department. Code Enforcement a. The alcoholic beverage license shall not be exchanged for a public premises type license nor shall the premises be operated as a public premises. b. The retail sales of alcoholic beverages for public consumption off the premises shall be limited to alcohol manufactured on the premises. c. There shall be no more than two (2) exterior advertising devices of any kind or type (such as signs), including advertising directed to the exterior from inside the building, promoting or indicating the availability of alcoholic beverages. d. There shall be no live entertainment, amplified music or dancing permitted on the premises at any time without first obtaining all proper permits as required by the Anaheim Municipal Code. e. The parking lot of the premises (which does not include the ARTIC property) shall be equipped with lighting to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. f. No alcoholic beverages purchased at the restaurant shall be consumed on any property adjacent to the premises under the control of the applicant pursuant to the aforesaid parking agreement. g. At any time entertainment is provided on the premises, security shall be provided to the satisfaction of the Anaheim Police Department. h. Subject business shall not employ or permit any persons to solicit or encourage others directly, or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 8 Solid waste storage and collection, and recycling shall be in compliance with plans approved by the Public Works, Streets and Sanitation Division. Public Works, Streets and Sanitation Division 9 The following uses may be permitted for subject planned unit commercial shopping center in addition to the uses permitted in the Industrial Zone (18.10.030 - Uses): a. Cellular service and/or distribution b. Bakery, sales and/or preparation and distribution limited to facilities with up to ten (10) customer seats c. Food related sales and preparation and distribution limited to facilities with up to ten (10) customer seats, except that the restaurant approved for Unit B may have over ten (10) seats. d. Clothing and apparel sales and distribution and/or assembly e. Confectionery and/or candy store f. Photo store Code Enforcement g. Photography studio h. Coin shop i. Sporting goods store or related type j. Sports related paraphernalia or collectibles sales and assembly and/or distribution k. Ticket agency l. Travel m. Hobby shop n. Jewelry sales, distribution and/or assembly o. Interior design or related use (tile, bath accessories, etc.) p. Retail supply stores including, but not limited, to vehicle accessories and parts, books, hardware, pet shop, toys q. Rental services r. Athletic shore sales and distribution s. Recreational-type store (exercise equipment, etc.) t. Aquatic related sales, services and/or distribution u. General office use 10 Granting of the parking variance is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said variance. Planning Division 11 The activities occurring in conjunction with the operation of this restaurant/microbrewery shall not cause noise disturbance to surrounding properties. Code Enforcement 12 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan), 2, (Elevations), 3 (Landscape Plan) and as conditioned herein. Planning Division 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. C-GOFFICE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLEFAMILY RESIDENCE RS-2VACANT C-GRELIGIOUS USE C-GRETAIL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2VACANT C-GOFFICES RM-3CONDOMINIUM40 DU RM-3CONDOS16 DU RS-2SINGLE FAMILY RESIDENCE RM-2CONDOS32 DU O.C.F.C.D. RS-2O.C.F.C.D. C-GDUTCHSOCIALCLUB RS-2SINGLE FAMILY RESIDENCE TSINGLEFAMILY RESIDENCE APARTMENTS30 DU RS-2SINGLE FAMILY RESIDENCE TSTODDARDELEMENTARY SCHOOL RS-2SINGLE FAMILYRESIDENCE RM-3VACANT C-GSHOPPING CENTER C-GSHOPPING CENTER C-GRELIGIOUS USE C-GRETAIL C-GOFFICE TSTODDARD PARK W KATELLA AVE W SUMAC LN S BAYLESS ST S EILEEN DRS CARNELIAN STS CAMROSE STW DUD LEY AVE S BAYLESS STS ANGEL CTS NOTTINGHAM LNW. KATELLA AVES. EUCLID STS. WEST STS. NINTH STW. CERRITOS AVE S. WALNUT STS. DISNEYLAND DR1 5 8 4 Wes t Katella Avenue D E V N o. 2012-00085 Subject Property APN: 090-621-05 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 W KATELLA AVE W SUMAC LN S BAYLESS ST S EILEEN DRS CARNELIAN STS CAMROSE STW DUD LEY AVE S BAYLESS STS ANGEL CTW N OTTI NGHAM LN W. KATELLA AVES. EUCLID STS. WEST STS. NINTH STW. CERRITOS AVE S. WALNUT STS. DISNEYLAND DR1 5 8 4 Wes t Katella Avenue D E V N o. 2012-00085 Subject Property APN: 090-621-05 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012-05624 AND VARIANCE NO. 2012-04902 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012-00085) (1584 WEST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Conditional Use Permit No. 2012- 05624 and Variance No. 2012-04902 to construct a new coin-operated, self-serve car wash facility (the “Project”) with a variance from front setback requirements and fewer parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code") for certain real property located at 1584 West Katella Avenue in the City of Anaheim, County of Orange, State of California, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 0.23-acres, is developed with a vacant office building. The Property is located in the General Commercial (C-G) Zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 5, 2012 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the proposed project is within that class of projects which consists of the construction of a limited number of new, small facilities or structures, which would include a commercial building not exceeding 2,500 square feet in floor area, and that, therefore, pursuant to Section 15303 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project on the Property does find and determine the following facts: 1. The proposed use is properly one for which a conditional use permit is authorized by the General Commercial (C-G) zone, subject to the approval of Variance No. 2012-04902 and the conditions of approval. - 2 - PC2012-*** 2. The proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the project has been designed so as to minimize impacts on adjacent properties; this would include sound attenuating features contained within the vacuum equipment to minimize noise impacts on the residential properties to the south. 3. The size and shape of the site is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the vehicular circulation is designed to minimize impacts on the surrounding neighborhood because cars will enter the facility from Katella Avenue and exit through an existing driveway on Bayless Street. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the project has been designed to minimize impacts on the surrounding neighborhood. WHEREAS, the Planning Commission does further find and determine that the variance request from setback requirements and fewer parking spaces than required by the Code should be approved for the following reasons: (a) SECTION NO. 18.08.060.010 Minimum landscaped setback (15 feet required; 10 feet proposed) (b) SECTION NO. 18.42.040.010 Minimum number of parking spaces. (16 spaces required; 7 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off- street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because it was determined that seven spaces would be sufficient based on staff’s observations of similar car wash facilities, as well as detailed operational information provided by the applicant. 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the parking demands of the car wash facility. - 3 - PC2012-*** 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because most self serve car wash customers typically park on-site for a short period of time, dry their vehicles in the wash bays, and leave the facility without drying or vacuuming their vehicles. 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site will provide adequate ingress and egress points to the Property and will be designed to allow for adequate on-site circulation. 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project will provide ingress or egress access points that are designed to allow for adequate on-site circulation. 6. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project that result in limited and inefficient use of the Property if it were developed in conformance with development standards. 7. That, because of these special circumstances, strict application of the Zoning Code deprives the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity since the Property has a shallow lot depth as compared to other commercial properties located on a Major Arterial Highway. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2012-05624 and Variance No. 2012-04902 subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 4 - PC2012-*** BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 5, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05624 AND VARIANCE NO. 2012-04902 (DEV2012-00085) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Public Works- Sanitation 2 An unsubordinated restricted covenant providing shared access, parking, and sanitation facilities between the three contiguous properties located at 1576 West Katella Avenue, 1584 West Katella Avenue, and 1814 South Bayless Street shall be submitted to the Planning Department in a form satisfactory to the City Attorney, and shall be recorded with the Office of the Orange County Recorder. A copy of the covenant shall then be submitted to the Planning Department. The covenant shall be referenced in all deeds transferring all or any part of the interest in the property. Planning 3 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. Planning 4 Locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. Planning 5 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. Planning - 7 - PC2012-*** 6 Any required relocation of City electrical facilities shall be provided. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. Public Utilities- Electrical 7 Electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. Public Utilities- Electrical 8 A Water Quality Management Plan (WQMP), as described in Drainage Area Management Plan for Orange County, shall be submitted to the Building Division for review and approval. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Building 9 The WQMP shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner/developer is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available on site. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Building 10 All requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities- Water 11 All existing water services and fire lines shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards or abandoned. If the existing services are no longer needed, they shall be abandoned. Public Utilities- Water 12 A water system master plan, including a hydraulic distribution network analysis, shall be submitted for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Public Utilities- Water - 8 - PC2012-*** 13 Since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. Public Utilities- Water 14 A detailed water usage analysis and building plans shall be submitted for Public Utilities Water Engineering review and approval in determining the adequacy of the existing water system to meet the project’s water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of the water utility’s Rates, Rules and Regulations. Public Utilities- Water 15 Improvement plans shall be submitted for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities- Water 16 Water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer, and in a form approved by the City Attorney, shall be posted with the City of Anaheim. Public Utilities- Water 17 Owner shall submit to the Public Works Department, Development Services Division, street, landscape, and drainage improvement plans to improve Katella Avenue and Bayless Street. Prior to approval of the plans, improvement bonds shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney’s office. The improvements shall be constructed prior to final building and zoning inspections. Public Works- Development Services 18 Fire lanes shall be posted with “No Parking Any Time”. Said information shall be specifically shown on plans submitted for building permits. Fire GENERAL 19 Granting of the parking variance is contingent upon operation of this facility in conformance with the assumptions and/or conclusions relating to the operation and intensity of the uses as described in the parking letter dated October 4, 2012 prepared by the applicant, which formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking letter, may subject this variance to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. Planning 20 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Code Enforcement 21 The self serve car wash facility shall not be open between the hours of 10:30 p.m. and 6:00 a.m., daily. Code Enforcement - 9 - PC2012-*** 22 Any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery. Code Enforcement 23 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Cover), Exhibit No. 2 (Photos), Exhibit No. 3 (Site Plan), Exhibit No. 4 (Floor Plan), and Exhibit No. 5 (Elevations), and as conditioned herein. Planning October 4, 2012 BIG A AUTO WASH LETTER OF OPERATION, CUP2012-05624 1584 W. Katella Ave. Anaheim, CA Big A Auto Wash will be a 5 bay self-service carwash, located at 1584 W. Katella Avenue, Anaheim, CA. The operating hours will be 6:00 A.M. to 10:30 P.M. This will be a state of the art facility, incorporating green technology. We will be utilizing CFL and LED lighting products and are currently researching the use of solar panels. All biodegradable products will be used. All wash equipment will conserve water, using the latest technology with a low gpm usage. In order for the site to function properly it will be necessary for a 10-foot setback across the Katella Ave. frontage. If a 15’ setback along Katella Avenue is required the site will not be deep enough, north to south to accommodate the proper turning radiuses, carwash building depth, drive isles and parking spaces. A 15’ setback along Katella Avenue would create a hardship for the project. In addition, a 10’ setback will line up with the adjacent properties setback of 10’ that we previously developed. We will be installing dense landscaping across the Katella Avenue frontage. This setback area will have extensive landscaping that will consist of large evergreen trees spaced every 20’ with dense hedge/shrubs to screen the parking lot from view of the street. In addition, the new carwash project will be utilizing the existing driveway from the adjacent property for vehicle ingress, therefore a 15’ setback will not line up properly along Katella Avenue. At this type of business parking requirements are very short term. Customers are in custody of their vehicle at all times. There are 7 parking stalls in the rear area. 5 wash bays will accommodate 5 additional parking spaces. Additional parking spaces are available in front of each wash bay for 5 additional spaces. This would be a total of 17 parking spaces. Many customers wash the vehicle and remain parked in the wash bay while drying their vehicle. In fact with the addition of the “Spot Free Rinse” a high percentage of customers drive-off after washing and do not park to dry their vehicle. Additional parking is also available at our adjacent Laundromat parking lot. Both businesses have opposite peak parking demands. The Carwash peak-parking requirement is during the day and the Laundromat peak-parking requirement is in the evening. On weekends, the peak parking requirements are generally offset as well. The Laundromat is busy in the early morning tapering off during the afternoon and then picks up again in the evening hours. This is especially true during the summer months when it is very hot. The typical customer does not like doing laundry during the afternoon heat, due to the fact that Laundromats are cooled by evaporative, (swamp coolers) and the heat is intensified by the dryers in the store. The carwash is not typically busy in the early morning or evening hours, but busy during the afternoon. The peak parking requirements are also offset by seasonal business. The laundry is busiest during the winter. This is when the carwash business is very slow. In the summer when the carwash business is busy, the laundry is slow due to the fact that our customers are washing a significantly less volume of clothes due to the hot weather. This is an industry standard; customers are primarily wearing shorts, t-shirts and sandals and not washing comforters and heavy blankets. In addition, many customers are on summer vacation and their children are not in school, reducing the frequency of their visits and volume of clothes being washed. After nearly 18 years in the self-service carwash business I am confident that there is ample parking at this location. I also believe that the current Anaheim parking code requirement for a carwash business is more applicable to a full-service carwash operation, which requires much more parking than a self-service carwash operation. We will be requesting not to have a loading area at this business. We do not receive any traditional type deliveries at this business including UPS or Fed Ex. Any such deliveries would go to our office. We do not have a full time employee on site to sign for such deliveries. All soap and detergents are ATTACHMENT NO. 3 delivered to our warehouse in concentrated 5-gallon boxes. These detergents are brought to the carwash with a passenger vehicle as needed. It will be necessary to have a parking stall in the rear area within 30’ of Bayless Street, which is a low traffic, primarily residential street. The site size is constrained for parking. There will not be any vehicle queuing or stacking, this driveway will be used for egress/exit purposes. Vacuum motor noise will be mitigated through the use of “quiet motor” technology and additional dome insulation. Some security and safety measures to be implemented are a building alarm system with cellular back-up monitoring. Real time, off-site security camera surveillance. There will be bright and ample lighting throughout the property. This business will be developed, owned and operated by Adam and Allen Antoyan Jr. We have been in the carwash and Laundromat business for nearly 18 years. We currently own and operate Big A Auto Wash Orange, located at 1044 W. Katella Ave., on the southwest corner of Katella and Batavia in the city of Orange. This is located approximately 1-1/4 miles east of the Honda Center in Anaheim. In fact many of our regular customers are Anaheim residents and business owners. We also own and operate Big A Coin Laundry, adjacent to the proposed project at 1576 W. Katella Ave., Anaheim. This is a 3,100 square foot freestanding Laundromat business we opened in 2000. We have invested in the immediate area by purchasing the property to the rear at 1814 S. Bayless Street and the subject property at 1584 W. Katella Ave. ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. C-GTHE CHURCH IN ANAHEIM C-GRETAIL RS-2SINGLE FAMILY RESIDENCE RM-4VALENCIA APTS156 DU TSUNKIST ELEMENTARYSCHOOL C-GSERVICE STATION T (MHP)PALM LODGEMOBILEHOME ESTATES152 SPACES RS-2SINGLEFAMILY RESIDENCE RS-2SINGLEFAMILY RESIDENCE TSINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE C-GVACANT E LA PALMA AVE N SUNKIST STE MIRALOMA AVEN CHERRY TREE LNN TAORMINA DRE. LA PALMA AVE E. LINCOLN AVE E . M IR A L O M A A V E N. ACACIA STN. BL UE GUM STE . B R O A D W A Y N. PLACENTIA AVES. RIO VISTA ST2 5 6 0 Ea st La Palma Ave nue D E V N o. 2010-00113A Subject Property APN: 083-020-62 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 E LA PALMA AVE N SUNKIST STE MIRALOMA AVEN CHERRY TREE LNN TAORMINA DRE. LA PALMA AVE E. LINCOLN AVE E . M IR A L O M A A V E N. ACACIA STN. BL UE GUM STE . B R O A D W A Y N. PLACENTIA AVES. RIO VISTA ST2 5 6 0 E a s t L a P a lm a Av e n u e D E V N o . 2 0 1 0 -0 0 1 1 3 A Subject Property APN: 083-020-62 ATTACHMENT NO. 1 °0 50 100 Feet Aeria l Ph ot o:Ma y 2 01 1 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION DENYING VARIANCE NO. 2012-04899 (DEV2010-00113A) (2560 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition to approve Variance No. 2012-04899 to construct a 6-foot high wrought iron fence and gates exceeding the permitted height within the required front yard setback of the C-G (General Commercial) zone, as required by the Anaheim Municipal Code (herein referred to as the "Code"), for that certain real property located at 2560 East La Palma in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 1-acre, is developed with a 10,304 square foot church. The Property is located in the C-G (General Commercial) zone. The Anaheim General Plan designates the Property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 5, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission does further find and determine that the request for a variance to construct a 6-foot high wrought iron fence and gates exceeding the permitted height within the required front setback should be denied for the following reasons: SECTION NO. 18.46.110.030 Permitted Fences and Walls. (3-foot maximum height permitted; 6 feet proposed) 1. That the strict application of the Code does not deprive the subject property of privileges enjoyed by other properties in the vicinity because the property is not irregular or unique in shape and other properties in the vicinity do not maintain legally-permitted fences of a similar height in the required front setback area. 2. That there are no special circumstances applicable to the property pertaining to topography and location, which do not apply to identical zoned properties in the vicinity. - 2 - PC2012-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby deny Variance No. 2012-04899. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 5, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** Letter of Operation: 2560 E. La Palma Ave. Current Size of Congregation: 85 adults, not including children Hours of Services: Tuesdays: Prayer meeting, 7:00 P.M—9:00 PM Fridays: Meeting for Junior High and High School students, 7:00 P.M—9:00 PM Saturdays: Landscaping and maintenance service, 9:00 A.M—12:00 Noon. Some members of the congregation help with landscaping and maintenance. Saturdays: Meeting for young adults, 7:00 P.M—9:00 PM Sundays: General assembly meeting, 9:00 AM—12:00 Noon Office Hours: Church office opens one hour before and typically closes within one hour after the end of scheduled meetings. Other Operational Characteristics: Apart from the scheduled uses above, there are occasional meetings for the purpose of gospel outreach. These meetings for the most part occur on Friday or Saturday evenings, but when scheduled, they replace any regularly scheduled meeting. The property owner is seeking two variances that would enable it to build a 72” high fence along the north property line with a manually retractable, hinged gate at the point of entrance (15 ft. from property line) and at the point of exit (20 ft. from property line). The fence is proposed to be located four ft. from the front property line. 1. Gates will be opened 1 hour before every meeting and closed 1 hour after every meeting to ensure that traffic entering from La Palma and exiting onto La Palma will not be delayed by the opening and closing of the gates. 2. Gates will be opened by staff on trash collection days to facilitate trash collection. 3. Plans were reviewed by Todd Rudaitus of the Anaheim Fire Department on 8/3/2012 ATTACHMENT NO. 3 JUSTIFICATION FOR VARIANCE PLANNING DEPARTMENT PLANNING SERVICES DIVISION -Page 1- Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance may be granted by the Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if special circumstances exist, and to assist the Planning Commission to arrive at a decision, please provide a letter of justification to answer each of the following questions regarding the property for which a variance is sought, as fully and completely as possible. The letter should list each code section for which a variance is required including a brief description of the requirement. Justification must be provided for each separate variance request. 1. Identify any special physical characteristics of the property such as shape, topography, location or surroundings that cause the requested development to not meet zoning codes. 2. Do other properties in the vicinity have the same type of physical characteristics as this property? If so, please identify a few of them. 3. Identify any other neighboring properties that have the same type of improvement that you are requesting. 4. Identify the cause of the special characteristics of the site that limits the ability to comply with code requirements (e.g. natural slope of the land, placement of other structures). The property at 2560 East La Palma, currently zoned for religious assembly uses, (CUP 2010- 05513), abuts one residential lot on the east property line. Visual screening along the east property line is maintained by the presence of a 6 ft. high cinder block wall and the presence of mature trees on the adjacent residential property. (see photographs). The property owner is seeking two variances that would enable it to build a 72” high fence along the north property line with a manually retractable, hinged gate at the point of entrance (15 ft. from property line) and at the point of exit (20 ft. from property line). The fence is proposed to be located four ft. from the front property line. The two variances relate to: 1. Fence height, as listed in section 18.46.110 of the Anaheim Zoning Code, which restricts the height of fences to 3 ft. in the front setback area. 2. Fence location, as listed in section 18.46.110 of the Anaheim Zoning Code, which prohibits fencing in the front setback area. Without these variances, the owner will not be able to enhance the security of the overall property, as a 3 ft. fence provides little deterrence to acts of vandalism and/or graffiti, nor will it be able to maintain current number of on-site parking spaces. CITY OF ANAHEIM JUSTIFICATION FOR A VARIANCE OR CODE WAIVER Page 2 of 2 1. Identify any special physical characteristics of the property such as shape, topography, location or surroundings that cause the requested development to not meet zoning codes. As the site is configured, the number of parking spaces has been maximized. The current layout of these spaces, however, includes 16 parking spaces which are partially located within the fence setback area. The provision of a security fence outside the setback area would result in the elimination of 16 parking spaces, more than 25% of the current number of parking spaces. The elimination of these spaces would bring the number of spaces below the required threshold for the facility. 2. Do other properties in the vicinity have the same type of physical characteristics as this property? If so, please identify a few of them. Assembly facilities located at 412 Crescent Way (see photo 4) and 1222 N. State College (see photo 6) have parking spaces that extend into front fence setback areas. Each of these sites would lose spaces if they were required to meet the setback standard. 3. Identify any other neighboring properties that have the same type of improvement that you are requesting. Assembly facilities located at Lincoln and Harbor (see photos 1A and 1B), 630 N. Anaheim Blvd. (see photo 3), 500 S. Walnut (see photos 3A and 3B), 412 Crescent Way (see photo 4), 827 S. Walnut (see photos 5A and 5B), and 1222 N. State College (see photo 6) have fencing and gates within the fence setback area. All have fencing closer to the sidewalks than that which is proposed at this facility. Further, all have fencing that is at heights which are approximate or greater than that which is proposed at this facility. 4. Identify the cause of the special characteristics of the site that limits the ability to comply with code requirements (e.g. natural slope of the land, placement of other structures). The size and placement of the existing main building structure prevents us from providing a minimally allowable number of parking spaces, while, at the same time, providing for a security fence that is situated according to current city setback standards. (1B) LINCOLN& HARBOR(5B) 827 S. WALNUT(2) 630 N. ANAHEIMBLVD.(6) 1222 N. STATECOLLEGE(3B) 500 S. WALNUT(4) 412 CRESCENTWAY(5A) 827 S. WALNUT(3A) 500 S. WALNUT(1A) LINCOLN& HARBORExisting Sites with Front Fence and Gates in Setback Area ATTACHMENT NO. 4 2560 E. LAPALMAAVENUEPROPERTY ADJACENT TOWEST PROPERTY LINE(1)PROPERTIES ADJACENT TOEAST ANDSOUTH PROPERTY LINESNORTH SIDE ENTRANCEEAST SIDE,FACINGSOUTHATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ENVIRONMENTAL IMPACT REPORT NO. 2008-00340 November 5, 2012 Page 3 of 10 Figure 1: The Anaheim Resort ENVIRONMENTAL IMPACT REPORT NO. 2008-00340 November 5, 2012 Page 4 of 10 Figure 2: Development Areas S HARBOR BLVDW BALL RD S WEST STS WALNUT STW KATELLA AVE S HASTER STS ANAHEI M BL VDW ORANGEWO OD AVE E BALL RD W CHAPMAN AVES DISNEYLAND DRE KATELLA AVE E CHAPMAN AVE E CERRITOS AVE E ORANGEWOOD AVES CLEMENTINE STS M ANCHESTER AVES DISNEYLAND DRS ALLEC STS ANAHEIM WAY S PAL M ST W WILKEN WAYS IRIS STS JANETTE LNE SIMMONS AVES JACALENE LNS OLI VE STS LEMON STW MIDWAY DR W GUINIDA LN S CLAUDI NA STS NORMA LNS PEPPER STW REVA DR W CLIFFWOOD AVES FEATHER STS VERN STW TI LL E R AVE E LEATRICE LN W CANDY LN W S I R I U S AV E S ANCHOR STS CAMBRI DGE STE WAKEFIELD AVES ZEYN STW BERRY AVE E P E A R S O N A V E E PALAIS RD W DEWEY DR S DANA STS FLORE STS HEATHER LNS CI TRON STS KATHY LNW SIMMONS AVES ROBERT LNS MORGAN LNS MADRID STW SIMMONS AVES NORMA LNW SIRIUS AVEW TILLER AVE W WILKEN WAY E S S HOTEL WAYS ROCKETVIA KONA W W CONVENTION WAYE RIVERA LNS CALLE DEL SOLE S MI RA C TS MAPLES C U T T Y W A Y S NIKE DRS D E V N o. 2010-00044 Subject Property ATTA CHMENT NO. 1 °0 500 1,000 Feet Aeria l Pho to:May 20 11 S HARBOR BLVDW BALL RD S WEST STS WALNUT STW KATELLA AVE S HASTER STS ANAHEI M BL VDW ORANGEWOOD AVE E BALL RD W CHAPMAN AVES DISNEYLAND DRE KATELLA AVE E CHAPMAN AVE E CERRITOS AVE E ORANGEWOOD AVES CLEMENTINE STS M ANCHESTER AVE W DISNEY WAYS DI SNEYL AND DRS CLEMENTINE STS DISNEYLAND DRS M ANCHESTER AVE W DISNEY WAY D E V N o. 2010-00044 Subject Property ATTA CHMENT NO. 1 °0 500 1,000 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 -1- PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING THAT THE ANAHEIM CITY COUNCIL CERTIFY FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008-00340 AND ADOPT FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MONITORING PROGRAM 85C AND A WATER SUPPLY ASSESSMENT (MIS2008-00284) FOR AMENDMENT NO 14 TO THE ANAHEIM RESORT SPECIFIC PLAN PROJECT (DEV2010-00044) WHEREAS, the Anaheim Resort Specific Plan area includes 581 gross acres of the 1,078-acre Anaheim Resort, located generally west of Interstate 5, south of Vermont Avenue, east of Walnut Street and north of Chapman Avenue; and WHEREAS, in 1989, the City of Anaheim initiated the Commercial Recreation Area Enhancement Program and Transportation/Land Use Strategy Plan. The goal of the City’s efforts was to address the need for visual enhancement and infrastructure improvements in the Commercial Recreation Area. Specifically, the Commercial Recreation Area Enhancement Program’s goal was to comprehensively address signage, landscaping, and other land use and site development issues. The Transportation/Land Use Strategy’s goal was to assess existing and future transportation conditions and recommend improvements commensurate with land use intensification projections over the next 20 years. In 1990, in connection with these studies, the City Council adopted a revised C-R Zoning Ordinance and established Design Guidelines for the area; and WHEREAS, The Commercial Recreation Area has been renamed The Anaheim Resort and encompasses approximately 1,078 acres designated on the Anaheim General Plan Land Use Plan for Commercial Recreation land uses; and WHEREAS, in 1993, the Anaheim City Council (“City Council”) approved The Disneyland Resort Specific Plan and EIR, a proposal for approximately 489.7 acres in The Anaheim Resort to develop an international multi-day resort including a second theme park, hotel rooms, internal transportation systems, public parking facilities, administrative offices and ongoing modification of the existing Disneyland theme park. In 1994, the City Council subsequently approved the Hotel Circle Specific Plan to provide for the development of up to 969 hotel rooms on approximately 6.8 acres in the Anaheim Resort; and WHEREAS, in order to provide a long range comprehensive plan for future development for the remaining properties in The Anaheim Resort and to further implement the goals of the above-noted studies, City staff began work in 1991 on the Anaheim Resort Specific Plan and Master Environmental Impact Report (“MEIR No. 313”); and WHEREAS, On September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area’s potential, guide future development, and ensure a -2- PC2012-*** balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor-serving uses as well as the infrastructure improvements that are needed to support future development; and WHEREAS, On September 27, 1994, the City Council adopted Ordinance No. 5453, codifying the Zoning and Development Standards for the Anaheim Resort Specific Plan into the Anaheim Municipal Code and Ordinance No. 5454 rezoning properties into the Anaheim Resort Specific Plan (SP 92-2) Zone. Conditions of approval were applied to these rezonings. WHEREAS, Since the adoption of the Anaheim Resort Specific Plan, proposed modifications to the specific plan have included 13 amendments and 6 adjustments, which have expanded the total acreage of the Anaheim Resort Specific Plan area to 581.3 acres; and, WHEREAS, in conjunction with the approval of the Anaheim Resort Specific Plan, City Council also adopted The Anaheim Resort Identity and Public Realm Landscape Programs. The Anaheim Resort Identity Program contains specific recommendations for the location and design of gateways, directional signs, banners, light fixtures, and street furniture for The Anaheim Resort; this program has been amended once since its approval. The Anaheim Resort Public Realm Landscape Program summarizes landscape concepts proposed for the public streets within The Anaheim Resort and provides a general overview of the different landscape treatments that will help create a unifying resort identity; this program has been amended four times since its approval; and, WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan and The Anaheim Resort Identity and Public Realm Landscape Programs, City Council certified MEIR No. 313. Since being certified in 1994, two validation reports have been prepared (1999 and 2004) to evaluate the continued relevance and accuracy of MEIR No. 313; and WHEREAS, in June 2008, City Council approved a contract with BonTerra Consulting to prepare Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) to reevaluate all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan area since its adoption in 1994. In August 2008, the City Council authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a development project at the Anaheim Convention Center. In order to analyze the environmental impacts of this development project, in October 2008, City Council approved an amendment to the agreement with BonTerra Consulting to include this development project into the analysis for EIR No. 2008-00340; and, WHEREAS, the Proposed Project identified as Amendment No. 14 to the Anaheim Resort Specific Plan, would allow the maximum build-out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space. Additionally, the Proposed Project would amend the following documents that govern and regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan, Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No. 5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. These amendments are intended to streamline development standards, guidelines and requirements to reduce redundancy within and between these documents; and, update the documents to reflect current conditions within The Anaheim Resort. The -3- PC2012-*** proposed amendments do not change the types of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the associated development standards; and, WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the Amendment No. 14 to the Anaheim Resort Specific Plan project, as defined in the California Environmental Quality Act of 1970, as amended ("CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act ("CEQA Guidelines"); and WHEREAS, a Notice of Preparation (“NOP”) for EIR No. 2008-00340 and the project’s initial study were distributed to the public on February 11, 2009. The public review period for the initial study ended on March 13, 2009. The City held a public scoping meeting on February 25, 2009 to provide members of the public with an opportunity to learn about the project, ask questions and provide comments about the scope and content of the information to be addressed in Draft EIR No. 2008-00340; and, WHEREAS, Draft EIR No. 2008-00340 was made available for a 45-day public review period from September 14, 2012 through October 29, 2012. The Notice of Availability (“NOA”), which also included noticing for the Planning Commission public hearing and a tentative date for the City Council public hearing, was sent to a list of interested persons, agencies and organizations, as well as property owners in the Anaheim Resort Specific Plan area and within a 300-foot radius of the Anaheim Resort Specific Plan area. The Notice of Completion (“NOC”) was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk-Recorder’s office on September 14, 2012. Copies of Draft EIR No. 2008-00340 were made available for public review at the City of Anaheim Planning Department and at the Anaheim Central Library. Draft EIR No. 2008-00340 was also made available for download via the City’s website; and, WHEREAS, in conformance with the requirements of CEQA and the CEQA Guidelines, the City will prepare, or cause to be prepared prior to the City Council Public Hearing, tentatively scheduled for December 18, 2012, Findings and Statement of Overriding Considerations and Mitigation Monitoring Program No. 85C relating to EIR No. 2008-00340; and WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, Final EIR No. 2008-00340 shall consist of Draft EIR No. 2008-00340; comments and recommendations received on Draft SEIR No. 340 either verbatim or in summary; a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 2008-00340; and the responses of the City, as Lead Agency, to significant points raised in the review and consultation process; and Mitigation Monitoring Program No. 85C; and WHEREAS, on November 5, 2012, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission") did hold a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against EIR No. 2008- 00340 and to investigate and make findings in connection therewith; and -4- PC2012-*** WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports, including all written and verbal comments received during the 45-day public review period, concerning the contents and sufficiency of Draft EIR No. 2008-00340; and WHEREAS, the Planning Commission, based on the information and evidence received concerning EIR No. 2008-00340, does hereby find and determine as follows: Draft EIR No. 2008-00340 has been presented to and independently reviewed and considered by the Planning Commission; Draft EIR No. 2008-00340 reflects the independent judgment and analysis of the Planning Commission; and Draft EIR No. 2008-00340 has been processed and completed in compliance with the requirements of CEQA, and all applicable CEQA Guidelines. WHEREAS, to the extent authorized by law, the City desires and intends to use EIR No. 2008-00340 as the environmental documentation required by CEQA and the CEQA Guidelines for the Amendment No. 14 to the Anaheim Resort Specific Plan Project; and WHEREAS, the California Legislature enacted Senate Bill 610 (Water Code Section 10910) which mandates that the retail water utility must prepare a Water Supply Assessment (“WSA”) for any development project that (i) is subject to CEQA and (ii) exceeds 500 residential units, or equivalent water demand for shopping centers, business establishments, and commercial developments; and WHEREAS, the Amendment No. 14 to the Anaheim Resort Specific Plan Project is subject to CEQA and consists of over 500 residential units, or equivalent water demand for shopping centers, business establishments, and commercial developments; and WHEREAS, Draft EIR No. 2008-00340 includes, as Appendix J, a WSA, dated November 2009, prepared for the Amendment No. 14 to the Anaheim Resort Specific Plan Project in accordance with applicable sections of the Public Resources Code and California Water Code as referenced in Senate Bill 610. This document is supplemented with a Water Facilities Assessment dated November 4, 2009 and a Water Demand and Regional Supply Update Memo dated November 29, 2010, both of which are included in Appendix J of Draft EIR No. 2008-00340; and WHEREAS, In June 2011, the City Council adopted Anaheim’s 2010 Urban Water Management Plan; and WHEREAS, Exhibit “A” attached to this resolution, is a memo dated July 21, 2011, that documents the consistency of the conclusions regarding water supply reliability presented in the documents in Appendix J of Draft EIR No. 2008-00340 and Anaheim’s 2010 Urban Water Management Plan adopted by City Council in June 2011; and WHEREAS, collectively Appendix J of Draft EIR No. 2008-00340, Anaheim’s 2010 Urban Water Management Plan, and Exhibit “A” conclude that a sufficient water supply and reliability -5- PC2012-*** to the City, now and into the future, including a sufficient water supply for the Amendment No. 14 to the Anaheim Resort Specific Plan Project; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has reviewed and considered the environmental information contained in Draft EIR No. 2008-00340 and does hereby recommend that the City Council certify EIR No. 2008-00340, including adoption of Findings and a Statement of Overriding Consideration and Mitigation Monitoring Program 85C, and determine that EIR No. 2008-00340 fully complies with CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for the Amendment No. 14 to the Anaheim Resort Specific Plan Project. BE IF FURTHER RESOLVED that the WSA, and the supporting documents in Appendix J of Draft EIR No. 2008-00340 and Exhibit “A” attached to this resolution, be approved and adopted by the City Council and ordered filed with the City Clerk. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 5, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2012-*** Exhibit “A” -8- PC2012-*** -9- PC2012-*** -10- PC2012-*** ATTACHMENT NO. 3 [DRAFT] -1- PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING TO THE ANAHEIM CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2010-00482 PERTAINING TO THE LAND USE ELEMENT (DEV2010-00044) WHEREAS, the Anaheim City Council (“City Council”) did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, the Anaheim Resort Specific Plan area includes 581 gross acres of the 1,078-acre Anaheim Resort, located generally west of Interstate 5, south of Vermont Avenue, east of Walnut Street and north of Chapman Avenue, designated on the Anaheim General Plan Land Use Plan for Commercial Recreation land uses; and WHEREAS, in 1993, the City Council approved The Disneyland Resort Specific Plan and EIR, a proposal for approximately 489.7 acres in The Anaheim Resort to develop an international multi-day resort including a second theme park, hotel rooms, internal transportation systems, public parking facilities, administrative offices and ongoing modification of the existing Disneyland theme park. In 1994, the City Council subsequently approved the Hotel Circle Specific Plan to provide for the development of up to 969 hotel rooms on approximately 6.8 acres in the Anaheim Resort; and WHEREAS, in 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area’s potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor-serving uses as well as the infrastructure improvements that are needed to support future development. Since the adoption of the Anaheim Resort Specific Plan, proposed modifications to the specific plan have included 13 amendments and 6 adjustments, which have expanded the total acreage of the Anaheim Resort Specific Plan area to 581.3 acres; and, WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan and The Anaheim Resort Identity and Public Realm Landscape Programs, City Council certified MEIR No. 313. Since being certified in 1994, two validation reports have been prepared (1999 and 2004) to evaluate the continued relevance and accuracy of MEIR No. 313; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, in June 2008, City Council approved a contract with BonTerra Consulting to prepare Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) to reevaluate all of the environmental changes that had occurred in and around the Anaheim Resort -2- PC2012-*** Specific Plan area since its adoption in 1994. In August 2008, the City Council authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a development project at the Anaheim Convention Center. In order to analyze the environmental impacts of this development project, in October 2008, City Council approved an amendment to the agreement with BonTerra Consulting to include this development project into the analysis for EIR No. 2008-00340; and, WHEREAS, the Proposed Project identified as Amendment No. 14 to the Anaheim Resort Specific Plan, would allow the maximum build-out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space. Additionally, the Proposed Project would amend the following documents that govern and regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan, Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No. 5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. These amendments are intended to streamline development standards, guidelines and requirements to reduce redundancy within and between these documents; and, update the documents to reflect current conditions within The Anaheim Resort. The proposed amendments do not change the types of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the associated development standards; and, WHEREAS, the proposed modifications to the General Plan Land Use Element’s Table LU-4: General Plan Density Provisions for Specific Areas of the City are shown in Exhibit “A” attached to this Resolution and incorporated herein by this reference as if set forth in full; and WHEREAS, General Plan Amendment No. 2010-00482 is proposed in conjunction with Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060), Zoning Code Amendment No. 2010-00093, Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478), Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479), Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484), and a Water Supply Assessment (Miscellaneous Case No. 2010-00421); and WHEREAS, before the Anaheim City Planning Commission recommends approval of any General Plan amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1. The proposed amendment maintains the internal consistency of the General Plan; 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; 3. The proposed amendment would maintain the balance of land uses within the City; and 4. If the amendment is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification including, but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses; and -3- PC2012-*** WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 5, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed project actions, including General Plan Amendment No. 2008-00482, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: 1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with the Goals and Policies outlined in Exhibit “B”; and 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to the Anaheim General Plan would not change the Commercial-Recreation land use designation; and 3. The proposed amendment would maintain the balance of land uses within the City, in that the proposed General Plan Amendment would increase the maximum development intensity allowed for the Anaheim Resort Specific Plan area to provide for an expansion of the Anaheim Convention Center and associated facilities, consistent with the Commercial Recreation Land Use Designation; and 4. The General Plan Land Use Land Use Map is unchanged, as the boundaries of the Commercial Recreation Land Use Designation have not been modified; and 5. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, the Planning Commission finds and determines, based upon its independent review and analysis, that Draft Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) prepared in connection with the Amendment No. 14 to the Anaheim Resort Specific Plan Project and in accordance with the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.; herein "CEQA"), is adequate to serve as the required environmental documentation for General Plan Amendment No. 2008-00482 and satisfies all the requirements of CEQA and the State CEQA Guidelines, and that no further environmental documentation need be prepared for the proposed General Plan Amendment. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has reviewed and considered the environmental information contained in Draft EIR No. 2008-00340 and does hereby recommend that the City Council certify EIR No. 2008-00340, including adoption of Findings and a Statement of Overriding Consideration and Mitigation Monitoring Program 85C, and determine that -4- PC2012-*** EIR No. 2008-00340 fully complies with CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for General Plan Amendment No. 2008-00482. BE IT FURTHER RESOLVED, that pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General Plan Amendment No. 2008-00482 pertaining to the General Plan Land Use Element’s Table LU-4: General Plan Density Provisions for Specific Areas of the City are shown in Exhibit “A” attached to this Resolution. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 5, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2012-*** Exhibit “A” The proposed General Plan Amendment would amend General Plan Land Use Element Table LU-4: General Plan Density Provisions for Specific Areas of the City to clarify the permitted amount of development in the PR District. Deleted wording is shown in strikethrough; new wording is shown in bold. TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY Location General Plan Land Use Designations Permitted Density The Mountain Park Area Low Medium Hillside Density Residential (Up to 6 du/ac) Low Medium Density Residential (Up to 16 du/ac) 485 2,015 (Up to 2,500 dwelling units) Area “A” (Parcel Map 94-205) Low-Medium Density Residential Up to 140 dwelling units The Disneyland Resort Specific Plan (SP 92- 1) Area Commercial Recreation See Note No. 1 on next page. The Anaheim Resort Specific Plan (SP 92- 2) Area Commercial Recreation See Note No. 2 on next page. Hotel Circle Specific Plan (SP 93-1) Area Commercial Recreation The Hotel Circle Specific Plan allows for a master planned hotel project including up to 969 hotel rooms and integrated guest oriented amenities including full-service restaurants, conference room/banquet facilities, pool and spa areas, tour bus/shuttle facilities, and pedestrian promenades and plaza areas with comprehensive landscaping. The Platinum Triangle Area Mixed-Use Residential Commercial Office Institutional Office-High and Office-Low Institutional Industrial Open Space 18,909 dwelling units 4,909,682 square feet 9,862,166 square feet 1,500,000 square feet 4,478,356 square feet - 3.0 FAR 0.5 FAR 0.1 FAR *The maximum FAR for properties designated Office- Low is 0.5; the maximum FAR for properties designated Office-High is 2.0 The Stonegate Development Area Low Density Residential Up to 35 dwelling units -6- PC2012-*** TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY (CONTINUED) Note No. 1: The Disneyland Resort Specific Plan provides for the development of an approximate 489.7 acre international multi-day vacation designation resort including ongoing modifications to the Disneyland theme park, the development of a new theme park, additional hotels and entertainment areas, administrative office facilities, new public and private parking facilities, and an internal transportation system. This development is within five planning Districts (Theme Park, Hotel, Parking, Future Expansion and District A) and a C-R Overlay, which allows development within the Overlay to either be consistent with the underlying Resort District or subject to the same land uses as in the Anaheim Resort Specific Plan No. 92-2 Zone. The Disneyland Resort Specific Plan also identifies maximum development density designations for hotel/motel development in the Hotel District (up to 5,600 hotel rooms for the entire District with up to 1,000 hotel rooms transferable to the Theme Park District), in District A (the maximum number of units permitted would be 75 hotel/motel rooms per gross acre or 75 hotel/motel rooms per parcel existing on June 29, 1993, whichever is greater) and the C-R Overlay (the maximum number of units permitted on a parcel would be the following: 1) for parcels designated Low Density – up to 50 hotel rooms per gross acre or 75 rooms, whichever is greater; and 2) for parcels designated Medium Density – up to 75 hotel rooms per gross acre or 75 rooms, whichever is greater; provided that for those parcels that are developed with hotel/motel rooms which exceeded the maximum density designation, the number of rooms existing on the date of adoption of The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density.) It should be noted that accessory uses may be developed as well as other visitor-serving commercial/retail and restaurant uses along with these hotel/motel uses. The Disneyland Resort Specific Plan also provides for the development of the Anaheim GardenWalk project pursuant to the Anaheim GardenWalk Overlay at the following density and subject to the approval of Conditional Use Permit No. 4078, as amended, to permit the following: up to 569,750 square feet of specialty retail, restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms/suites (including up to 500 vacation ownership units) and 278,817 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The Anaheim GardenWalk Overlay encompasses District A and the portion of the Parking District (East Parking Area)/CR Overlay south of Disney Way. Note No. 2: The Anaheim Resort Specific Plan (ARSP) provides for the development of approximately 582 581.3 acres within The Anaheim Resort. The ARSP is divided into two development areas. Development Area No. 1 is referred to as the C-R (Commercial Recreation) District, which allows for hotels, motels, convention and conference facilities, as well as restaurants, retail shops and entertainment facilities; the. Development Area No. 2 is referred to as the PR (Public Recreation) District which encompasses the Anaheim Convention Center and associated parking facilities and provides for the orderly use of City-owned property as well as the existing Anaheim Hilton Hotel; the. The C-R District includes two overlays. The Mobilehome Park (MHP) Overlay, which encompasses existing mobilehome parks within the C-R District, and provides development standards for mobilehome parks and regulations and procedures to mitigate relocation concerns and adverse effects of displacement upon mobilehome owners when a park is converted to another land use; and, the. The Anaheim Resort Residential Overlay, which applies to focused areas of the Specific Plan, and provides for the incorporation of residential uses into hotel developments when such uses are fully integrated into a minimum 300-room full-service hotel. The Anaheim Resort Specific Plan also identifies maximum development density designations in the C- R District. These designations are based upon hotel/motel development and allow up to 20% of each hotel/motel project gross square footage, excluding parking facilities, to be developed with integrated (i.e., included within the main hotel/motel complex) accessory uses. These accessory uses will reduce the otherwise maximum permitted hotel/motel density at the rate of one hotel/motel room per six hundred (600) gross square feet of accessory use. For properties proposed to be developed with permitted and conditionally permitted uses other than hotels/motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the otherwise permitted -7- PC2012-*** TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY (CONTINUED) hotel/motel (including accessory uses) density as determined by the City Traffic and Transportation Manager prior to Final Site Plan review and approval. The maximum development density for each of the designations are as follows: • “Low Density,” which has a maximum density of: up to 50 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; • “Low-Medium Density:,” up to 75 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; • “Low-Medium Density (Modified):,” up to 252 rooms and 75,593 square feet of accessory uses; “Medium Density,” up to 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater; and, • “Convention Center (CC) Medium Density:,” up to 125 rooms per gross acre with trip generation characteristics mitigated to the equivalent of 100 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater. For those parcels that are developed with hotel/motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan Ordinance may be rebuilt or modified at their existing density. For projects that are developed in accordance with the Anaheim Resort Residential Overlay, the maximum number of dwelling units allowed shall be less than the number of hotel rooms proposed and such projects shall not create infrastructure impacts greater than the subject property’s permitted hotel/motel density, as permitted by the property’s underlying C-R District density designation unless otherwise mitigated through subsequent environmental analysis. The maximum development density for the PR District is up to: • 2,158,363 square feet of convention center/meeting space • 100,000 square feet of outdoor programmable space • 2,500 hotel rooms • 180,000 square feet of commercial space -8- PC2012-*** Exhibit “B” City of Anaheim General Plan Goal or Policy Land Use Goal 2.1 Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Policy 4 Encourage the development and integration of residential land uses into mixed-use development where appropriate. Policy 6 Ensure quality development through appropriate development standards and by adherence to related Community Design Element policies and guidelines. Goal 3.1 Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. Policy 3 Ensure quality development along corridors through adherence to established development standards and Community Design Element goals, policies and guidelines. Policy 4 Continue to pursue additional open space, recreation, and landscaping amenities along major transportation routes. Goal 4.1 Promote development that integrates with and minimizes impacts to surrounding land uses. Policy 1 Ensure that land uses develop in accordance with the Land Use Plan and Zoning Code in an effort to attain land use compatibility. Policy 2 Promote compatible development through adherence to Community Design Element policies and guidelines. Policy 3 Ensure that developers consider and address project impacts upon surrounding neighborhoods during the design and development process. Policy 4 Require new or expanded uses to provide mitigation or buffers between existing uses where potential adverse impacts could occur. Goal 5.1 Create and enhance dynamic, identifiable places for the benefit of Anaheim residents, employees and visitors. Policy 4 Promote development that is efficient, pedestrian-friendly, and served by a variety of transportation options. Goal 6.1 Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. Circulation Goal 1.1 Provide a comprehensive multimodal transportation system that facilitates current and long-term circulation of people and goods in and through the City. Policy 3 Require that major new development proposals include traffic impact analyses that identify measures and financing to mitigate traffic impacts. Policy 6 Ensure the provision of needed transportation improvements through the site plan and environmental review process. Goal 1.2 Support improvements to highways passing near and through the City. Policy 1 Continue working with Caltrans and the Federal Highway Administration to address traffic flow along State highways that traverse the City. Policy 3 Work with Caltrans to identify needed improvements to its facilities in the City as necessary. Policy 4 Work with Caltrans and adjacent jurisdictions to improve the operational performance of highways within and adjacent to the City. Policy 5 Work with Caltrans in analyzing the performance of freeway interchanges located in the City and seek appropriate improvements. Goal 2.1 Maintain efficient traffic operations on City streets and maintain a peak hour level of service not worse than D at street intersections. -9- PC2012-*** City of Anaheim General Plan Goal or Policy Policy 1 Make improvements to streets and intersections experiencing conditions worse than the applicable Level of Service standard by providing appropriate improvements, including, but not limited to: • Landscaped median islands to restrict left turns, with median opening spacing occurring a minimum of 400 feet apart, and preferably limited to signalized locations. • Adequate driveway spacing of 125 feet (at 30 mph) to 230 feet (at 45 mph) between driveways on arterial highways. Goal 2.2 Provide a safe circulation system. Policy 1 Promote the principle that streets have multiple uses and users, and protect the safety of all users. Policy 3 Design access onto major arterial streets in an orderly and controlled manner. Policy 6 Implement street design features such as the use of medians, bus turnouts, consolidated driveways and on street parking prohibitions to minimize mid-block traffic congestion. Goal 5.1 Promote bus service and paratransit improvements. Policy 5 Intensify land uses in close proximity to future BRT stop(s) where appropriate. Policy 6 Improve pedestrian access to transit facilities. Goal 8.1 Protect and encourage pedestrian travel. Policy 1 Encourage and improve pedestrian facilities that link development to the circulation network and that serve as a transition between other modes of travel. Policy 5 Add raised, landscaped medians, and bulbouts, where appropriate, to reduce exposure to cross traffic at street crossings. Policy 6 When appropriate, walkways should include pedestrian amenities such as shade trees and/or plantings, trash bins, benches, shelters, and directional kiosks. Policy 7 Ensure that streets and intersections are designed to provide visibility and safety for pedestrians. Goal 12.1 Ensure adequate parking is made available to City residents, visitors, and businesses. Policy 1 Assess the adequacy of existing or proposed on- and off-street parking as needed, especially in urban and commercial areas, to ensure that an adequate supply is provided. Policy 5 Encourage the use of well-designed, aesthetically-enhanced parking structures as an alternative to large, expansive surface parking lots. Green Goal 5.1 Continue Anaheim’s water conservation efforts to ensure that all City facilities are water efficient. Policy 3 Specify and install water-conserving plumbing fixtures and fittings in public facilities such as parks, community centers, and government buildings. Goal 6.1 Develop a Groundwater Protection Management Program to ensure the quality of groundwater drinking supplies. Policy 3 Continue to coordinate groundwater protection efforts with the Orange County Water District, neighboring cities and other relevant agencies. Goal 7.1 Reduce urban run-off from new and existing development. Policy 1 Ensure compliance with the Federal Clean Water Act requirements for National Pollutant Discharge Elimination System (NPDES) permits, including developing and requiring the development of Water Quality Management Plans for all new development and significant redevelopment in the City. Policy 2 Continue to implement an urban runoff reduction program consistent with regional and federal requirements, which includes requiring and encouraging the following: • Increase permeable areas and install filtration controls (including grass lined swales and gravel beds) and divert flow to these permeable areas to allow more percolation of runoff into the ground; • Use natural drainage, detention ponds or infiltration pits to collect runoff; and, • Prevent rainfall from entering material and waste storage areas and pollution-laden surfaces. Policy 4 Require new development and significant redevelopment to utilize site preparation, grading and best management practices that provide erosion and sediment control to prevent construction-related contaminants from leaving the site and polluting waterways. Goal 8.1 Reduce locally generated emissions through improved traffic flows and construction management practices. Policy 1 Reduce vehicle emissions through traffic flow improvements, such as traffic signal synchronization, Intelligent Transportation Systems, the Scoot Adaptive Traffic Control System, and related capital improvements. -10- PC2012-*** City of Anaheim General Plan Goal or Policy Policy 2 Regulate construction practices, including grading, dust suppression, chemical management, and encourage pre-determined construction routes that minimize dust and particulate matter pollution. Goal 11.1 Encourage land planning and urban design that support alternatives to the private automobile such as mixed- use, provision of pedestrian amenities, and transit-oriented development. Policy 1 Encourage commercial growth and the development of commercial centers in accordance with the Land Use Element. Goal 14.1 Conserve natural habitat and protect rare, threatened and endangered species. Goal 16.1 Continue to monitor and improve the Anaheim Recycle program. Policy 2 Provide adequate solid waste collection and recycling for commercial areas and construction activities. Goal 17.1 Encourage building and site design standards that reduce energy costs. Policy 1 Encourage designs that incorporate solar and wind exposure features such as daylighting design, natural ventilation, space planning and thermal massing. Public Services and Facilities Goal 1.1 Provide sufficient staffing, equipment and facilities to ensure effective fire protection, emergency medical and rescue services, permitting and fire inspection, and hazardous material response services that keep pace with growth. Policy 1 Maintain adequate resources to enable the Fire Department to meet response time standards, keep pace with growth, and provide high levels of service. Policy 3 Maintain and/or upgrade water facilities to ensure adequate response to fire hazards. Goal 2.1 Meet the community’s needs for public safety and law enforcement by ensuring adequate resources for the prevention, detection, and investigation of crime, and response to calls for service. Policy 1 Maintain adequate resources to enable the Police Department to meet response time standards, keep pace with growth, and provide high levels of service. Goal 4.1 Provide a water system that produces high quality water, sufficient water pressure, and necessary quantities of water to meet domestic demands Policy 1 Provide for the efficient and economic distribution of adequate water supply and pressure to all residential, commercial, industrial, and public areas served by the Public Utilities Department. Policy 2 Continue to provide municipal water service that meets or exceeds State and Federal health standards and monitor water quality according to established criteria, with respect to health standards. Goal 5.1 Provide a safe and effective sewer system that meets the needs of the City’s residents, businesses, and visitors. Policy 1 Ensure that appropriate sewer system mitigation measures are identified and implemented in conjunction with new development based on the recommendations of prior sewer studies and/or future sewer studies that may be required by the City Engineer. Goal 6.1 Maintain a storm drain system that will adequately protect and enhance the health, safety and general welfare of residents, visitors, employees, and their property. Policy 1 Improve the City’s storm drain system to address current deficiencies as well as long-term needs associated with future development to minimize flood damage and adequately convey rainfall and subsequent runoff from a 25-year frequency storm. Policy 2 Develop Anaheim’s flood control system for multi-purpose uses whenever practical and financially feasible (i.e., recreational, water quality/treatment, infiltration, etc.). Goal 7.1 Minimize, recycle and dispose of solid and hazardous waste in an efficient and environmentally sound manner. Policy 2 Reduce the volume of material sent to solid waste sites in accordance with State law by continuing source reduction and recycling programs and by ensuring the participation of all residents and businesses. Goal 8.1 Coordinate with private utilities to provide adequate natural gas and communications infrastructure to existing and new development in a manner compatible with the surrounding community. Goal 9.1 Provide a dependable fiber optics system that meets existing and future needs. Policy 1 Maintain and, when desirable, expand fiber optics capacity to ensure Anaheim businesses and educational and governmental institutions enjoy adequate high-speed communications access. Goal 10.1 Improve the City’s appearance by mitigating the visual impacts of utility equipment and facilities. Policy 1 Continue to implement the Underground Conversion Program in public rights-of-way and increase the number -11- PC2012-*** City of Anaheim General Plan Goal or Policy of underground utility districts, as appropriate. Policy 2 Use a combination of architectural enhancements, equipment undergrounding, screen walls and landscaping to reduce or eliminate visibility of utility equipment and facilities, whenever feasible. Growth Management Goal 1.1 Provide a balance of housing options and job opportunities throughout the City. Policy 3 Ensure a balance of retail, office, industrial and residential land uses to enhance the economic base of the City when considering land use changes. Goal 1.4 Develop land use strategies and incentives to reduce the amount of vehicle miles traveled within the City. Goal 2.1 Reduce traffic congestion on the City’s arterial highway system. Policy 5 Promote the use of public transportation and alternative modes of transportation by increasing access to public transit, including Bus Rapid Transit, through land use planning (e.g., locating higher density residential projects near transportation corridors), ensuring direct and convenient pedestrian access to public transit stops, implementing bicycle routes, encouraging pedestrian-friendly developments, and supporting High Occupancy Vehicle (HOV) lanes. Goal 2.2 Evaluate the traffic-related impacts of proposed developments and/or intensification of existing land uses and address said impacts. Policy 1 Continue to review development projects to ensure traffic-related impacts are addressed appropriately. Policy 4 Prior to issuing building permits for new development forecast to generate 100 or more peak hour (morning or evening) trip ends, require traffic impact analyses be completed that identify arterial and intersection improvements that may potentially be needed to provide no worse than LOS E along Interstates/State Routes/Smart Streets (unless current operation is LOS F), and not worse than LOS D along the balance of the arterials on the City’s Circulation Element that are measurably impacted by the new development and are under the City’s jurisdiction. Policy 5 Require development projects that exceed LOS standards beyond acceptable levels to provide necessary improvements and/or funding to mitigate said impacts, if determined necessary by the City. Safety Goal 1.1 Minimize the risk to public health and safety and disruptions to vital services, economic vitality, and social order resulting from seismic and geologic activities. Policy 1 Minimize the risk to life and property through the identification of potentially hazardous areas, adherence to proper construction design criteria, and provision of public information. Goal 3.1 Reduce, to the greatest extent possible, the risk to life, property, public investment, and social order created by flood hazards. Policy 1 Evaluate all development proposals located in areas that are subject to flooding to minimize the exposure of life and property to potential flood risks. Goal 4.1 Decrease the risk of exposure for life, property and the environment to hazardous materials and hazardous waste. Policy 2 Promote the proper handling, treatment and disposal of hazardous materials and hazardous waste. Policy 4 Implement Federal, State and local regulations for the disposal, handling, and storage of hazardous materials. Noise Goal 1.1 Protect sensitive land uses from excessive noise through diligent planning and regulation. Policy 2 Continue to enforce acceptable noise standards consistent with health and quality of life goals and employ effective techniques of noise abatement through such means as a noise ordinance, building codes, and subdivision and zoning regulations. Policy 3 Consider the compatibility of proposed land uses with the noise environment when preparing, revising or reviewing development proposals. Goal 2.1 Encourage the reduction of noise from transportation-related noise sources such as motor vehicles, aircraft operations, and railroad movements. Policy 3 Require that development generating increased traffic and subsequent increases in the ambient noise level adjacent to noise-sensitive land uses provide appropriate mitigation measures. Goal 3.1 Protect residents from the effects of “spill over” or nuisance noise emanating from the City’s activity centers. -12- PC2012-*** City of Anaheim General Plan Goal or Policy Policy 1 Discourage new projects located in commercial or entertainment areas from exceeding stationary-source noise standards at the property line of proximate residential or commercial uses, as appropriate. Policy 3 Enforce standards to regulate noise from construction activities. Particular emphasis shall be placed on the restriction of the hours in which work other than emergency work may occur. Discourage construction on weekends or holidays except in the case of construction proximate to schools where these operations could disturb the classroom environment. Policy 4 Require that construction equipment operate with mufflers and intake silencers no less effective than originally equipped. Policy 5 Encourage the use of portable noise barriers for heavy equipment operations performed within 100 feet of existing residences or make applicant provide evidence as to why the use of such barriers is infeasible. Economic Development Goal 1.1 Continue to expand the City’s Marketing and promotional campaign Policy 1 Continue to market Anaheim as a business-friendly city and implement the following strategies to promote the City’s special activity areas and neighborhoods: • Continue to market the Anaheim Convention Center as a showcase for the community and an opportunity for new and existing businesses to network. • Market The Anaheim Resort…as major entertainment amenities for local, regional and national business. Goal 1.2 Attract new businesses and help existing ones through effective Public Utilities programs. Policy 3 Continue and expand energy efficiency programs to new and existing businesses through the Anaheim Public Utilities Department Goal 1.3 Attract businesses through an efficient development approval process. Goal 1.4 Attract businesses through an efficient public works program. Goal 2.2 Enhance the quality of commercial development along major corridors Community Design Goal 1.1 Create an aesthetically pleasing and unified community appearance within the context of distinct districts and neighborhoods. Policy 4 Pursue unifying streetscape elements for major corridors, including coordinated streetlights, landscaping, public signage and street furniture, to reinforce Anaheim’s community image. Policy 5 Identify and preserve/enhance view corridors for major landmarks, community facilities, and natural open space in the planning and design of all public and private projects. Policy 7 Screen public and private facilities and above-ground infrastructure support and equipment, such as electrical substations, and water wells and recharge facilities, with appropriately scaled landscaping or other methods of screening. Policy 8 Construct public and private facilities and support structures (e.g., water pipes, irrigation and electrical controls, vents) to blend with the surrounding environment. Policy 9 Minimize visual impacts of public and private facilities and support structures through sensitive site design and construction. This includes, but is not limited to: appropriate placement of facilities; undergrounding, where possible; and aesthetic design (e.g., cell tower stealthing). Goal 2.1 Attractively landscape and maintain Anaheim’s major arterial corridors and prepare/ implement distinctive streetscape improvement plans. Housing Element Guiding Principle D Sustainable design and the efficient utilization of resources create more livable neighborhoods and can have both environmental and financial benefits. [DRAFT] ATTACHMENT NO. 4 -1- PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE CITY OF ANAHEIM CITY PLANNING COMMISSION RECOMMENDING CITY COUNCIL ADOPTION OF AMENDMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (DEV2010-00044) WHEREAS, on April 29, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoption and implementation of Specific Plans for the coordination of future development within the City, and “Zoning and Development Standards” when the Specific Plan includes zoning regulations and development standards to be substituted for existing zoning under the Zoning Code, which “Zoning and Development Standards” shall be adopted by ordinance independent of the rest of the Specific Plan; and WHEREAS, the City Council of the City of Anaheim adopted the Anaheim Resort Specific Plan No. 92-2 (“ARSP No. 92-2” or “Anaheim Resort Specific Plan”) on September 27, 1994, to provide a long range, comprehensive plan for future development of approximately 549- acres within The Anaheim Resort. The Specific Plan includes zoning and development standards, design guidelines and a public facilities plan, and permits the development of hotel/motel, convention, retail and other visitor-serving uses; and WHEREAS, in connection with the adoption of ARSP No. 92-2, the City Council certified Environmental Impact Report No. 313, with a Statement of Findings and a Statement of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to ARSP 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 ARSP No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the ARSP 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 Anaheim City 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 ARSP 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 -2- PC2012-*** WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance Nos. 5454 relating to Amendment No. 3 to ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating a 0.73-acre parcel into the ARSP No. 92-2 Zone; and WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the ARSP 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 ARSP Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the ARSP 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 ARSP 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. 5920, amending Title 18 of the Anaheim Municipal Code in its entirety. Said amendment included Amendment No. 4 to the ARSP No. 92-2, which renumbered the codification of the Zoning Development Standards set forth in Chapter 18.48 to Chapter 18.116 and made modifications to said chapter intended to streamline the project review process; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5454 relating to Amendment No. 5 to the ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating 27 acres into the ARSP 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 ARSP 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 August 22, 2006, the City Council adopted Ordinance No. 6031, amending Ordinance No. 5453, relating to Adjustment No. 5 to the ARSP No. 92-2, which amended the Zoning Development Standards in its entirety to provide consistent formatting with Title 18 of the Anaheim Municipal Code along with minor modifications and clarifications; and WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels within targeted areas; and -3- PC2012-*** 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 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, Anaheim City 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 redesignate 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, on April 14, 2009, City Council adopted Ordinance No. 6141 amending Ordinance No. 5453 relating to Amendment No. 13 to the ARSP No. 92-2 to create a new density category for the Commercial Recreation (C-R) District, called “Low Medium Density (Modified), modified Central Core and Special Intersection Landscape Treatment to allow special landscape and hardscape treatments at the corner of Harbor Boulevard and Katella Avenue; modified the sign code to allow a greater number and larger signs than currently permitted for hotels and accessory retail; allowed changeable copy signs for hotels when not visible from any public right-of-way, murals, and building integrated multi-tenant signs subject to approval of a conditional use permit; and WHEREAS, on June 5, 2012, City Council adopted Ordinance No. 6245 amending Ordinance No. 5453 relating to Adjustment No. 6 to the ARSP No. 92-2 to modify Code references and terminology for Restaurants with Outdoor Dining, Restaurants with Accessory Entertainment, Dance Venues, Massage Establishments, Amusement Devices, Amusement Arcades and Health Clubs to be consistent with Chapters 18.16 (Regulatory Permits) and 18.92 (Definitions) of Title 18 (Zoning Code); and, -4- PC2012-*** WHEREAS, in June 2008, City Council approved a contract with BonTerra Consulting to prepare Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) to reevaluate all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan area since its adoption in 1994. In August 2008, the City Council authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a development project at the Anaheim Convention Center. In order to analyze the environmental impacts of this development project, in October 2008, City Council approved an amendment to the agreement with BonTerra Consulting to include this development project into the analysis for EIR No. 2008-00340; and, WHEREAS, the Proposed Project identified as Amendment No. 14 to the Anaheim Resort Specific Plan, would allow the maximum build-out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space. Additionally, the Proposed Project would amend the following documents that govern and regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan, Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No. 5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. These amendments are intended to streamline development standards, guidelines and requirements to reduce redundancy within and between these documents; and, update the documents to reflect current conditions within The Anaheim Resort. The proposed amendments do not change the types of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the associated development standards; and, WHEREAS, the proposed Amendment No. 14 to the ARSP No. 92-2 would amend the specific plan document in its entirety, said proposed document is on file with the City of Anaheim Planning Department and incorporated by this reference; and WHEREAS, Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060) is proposed in conjunction with General Plan Amendment No. 2010-00482, Zoning Code Amendment No. 2010-00093, Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478), Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479), Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484), and a Water Supply Assessment (Miscellaneous Case No. 2010-00421); and WHEREAS, before the Anaheim City Planning Commission recommends approval of any Specific Plan amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1. That the property proposed for the specific plan has unique site characteristics, such as topography, location or surroundings, that are enhanced by special land use and development standards; 2. That the specific plan is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein; 3. That the specific plan results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhood; -5- PC2012-*** 4. That the specific plan contributes to a balance of land uses throughout the City; and 5. That the specific plan respects environmental, aesthetic and historic resources consistent with economic realities. WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 5, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed project actions, including Specific Plan Amendment No.2010-00060, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the Anaheim City Planning Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find: 1. The proposed amendment would not change the boundaries of the existing Anaheim Resort Specific Plan; and 2. The proposed amendment is being processed concurrently with General Plan Amendment No. 2010-00482, which will increase the permitted amount of development within the Anaheim Resort Specific Plan area. The proposed specific plan amendment will make consistent changes to the Anaheim Resort Specific Plan to allow the same increase in development intensity. The Anaheim Resort Specific Plan is one of three specific plans that implement the General Plan’s Commercial-Recreation land use designation. The proposed amendment and will not make any substantive changes to the development standards that implement this designation; and 3. The proposed amendment is intended to streamline and consolidate development standards. The proposed amendment is not intended to significantly change the intent of the development standards, which were specifically developed to result in development of desirable character that will be compatible with existing and proposed development in The Anaheim Resort and the surrounding areas; and 4. The proposed amendment would increase the development intensity permitted for the Anaheim Convention Center and allow continued development in accordance with the Anaheim Resort Specific Plan. The proposed amendment maintains the balance of land uses within the City by encouraging tourist and entertainment related industries in an area of the City specifically designated for this type of development; and 5. The proposed amendment would allow private development projects, as well as the expansion of the Anaheim Convention Center, to move forward with streamlined environmental review and clear, well-defined development standards; and -6- PC2012-*** 6. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. WHEREAS, , the Planning Commission finds and determines, based upon its independent review and analysis, that Draft Supplemental Environmental Impact Report No. 2008- 00340 (EIR No. 2008-00340) prepared in connection with the Amendment No. 14 to the Anaheim Resort Specific Plan Project, and the requirements of California Environmental Quality Act (California Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), is adequate to serve as the required environmental documentation for Specific Plan Amendment No. 2010-00060 and satisfies all the requirements of CEQA, and the State CEQA Guidelines, and that no further environmental documentation need be prepared for the proposed Specific Plan Amendment. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has reviewed and considered the environmental information contained in Draft EIR No. 2008-00340 and does hereby recommend that the City Council certify EIR No. 2008-00340, including adoption of Findings and a Statement of Overriding Consideration and Mitigation Monitoring Program 85C, and determine that EIR No. 2008-00340 fully complies with CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for Specific Plan Amendment No. 2010-00060. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend City Council approval of Specific Plan Amendment No. 2010-00060 as described above and on file with the City of Anaheim Planning Department. BE IT FURTHER RESOLVED that approval of Specific Plan Amendment No. 2010-00060 is subject to approval of General Plan Amendment No. 2010-00482; and THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of November 5, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION [DRAFT] ATTACHMENT NO. 5 -1- PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING THAT THE ANAHEIM CITY COUNCIL ADOPT AMENDMENT NO. 2 TO THE ANAHEIM RESORT IDENITY PROGRAM (DEV2010-00044) WHEREAS, The Anaheim Resort includes 1,078 gross acres located generally west of Interstate 5, south of Vermont Avenue, east of Walnut Street and north of Chapman Avenue; and WHEREAS, in 1989, the City of Anaheim initiated the Commercial Recreation Area Enhancement Program and Transportation/Land Use Strategy Plan. The goal of the City’s efforts was to address the need for visual enhancement and infrastructure improvements in the Commercial Recreation Area. Specifically, the Commercial Recreation Area Enhancement Program’s goal was to comprehensively address signage, landscaping, and other land use and site development issues. The Transportation/Land Use Strategy’s goal was to assess existing and future transportation conditions and recommend improvements commensurate with land use intensification projections over the next 20 years. In 1990, in connection with these studies, the City Council adopted a revised C-R Zoning Ordinance and established Design Guidelines for the area; and WHEREAS, The Commercial Recreation Area has been renamed The Anaheim Resort and encompasses approximately 1,078 acres designated on the Anaheim General Plan Land Use Plan for Commercial Recreation land uses; and WHEREAS, in 1993, the Anaheim City Council (“City Council”) approved The Disneyland Resort Specific Plan and EIR, a proposal for approximately 489.7 acres in The Anaheim Resort to develop an international multi-day resort including a second theme park, hotel rooms, internal transportation systems, public parking facilities, administrative offices and ongoing modification of the existing Disneyland theme park. In 1994, the City Council subsequently approved the Hotel Circle Specific Plan to provide for the development of up to 969 hotel rooms on approximately 6.8 acres in the Anaheim Resort; and WHEREAS, On September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area’s potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor-serving uses as well as the infrastructure improvements that are needed to support future development. Since the adoption of the Anaheim Resort Specific Plan, proposed modifications to the specific plan have included 13 amendments and 6 adjustments, which have expanded the total acreage of the Anaheim Resort Specific Plan area to 581.3 acres; and WHEREAS, in conjunction with the approval of the Anaheim Resort Specific Plan, On September 20, 1994, the City Council also adopted The Anaheim Resort Identity Program. The Anaheim Resort Identity Program contains specific recommendations for the location and design of gateways, directional signs, banners, light fixtures, and street furniture for The Anaheim Resort; and, -2- PC2012-*** WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan and The Anaheim Resort Identity Program, City Council certified MEIR No. 313. Since being certified in 1994, two validation reports have been prepared (1999 and 2004) to evaluate the continued relevance and accuracy of MEIR No. 313; and WHEREAS, on September 18, 2001, City Council adopted Amendment No. 1 to the Anaheim Resort Identity Program, comprised of certain exhibits to be added to the Anaheim Resort Identity Program which set forth the permitted number, location and design for newspaper racks within the Anaheim Resort public rights-of-way; and WHEREAS, in June 2008, City Council approved a contract with BonTerra Consulting to prepare Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) to reevaluate all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan area since its adoption in 1994. In August 2008, the City Council authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a development project at the Anaheim Convention Center. In order to analyze the environmental impacts of this development project, in October 2008, City Council approved an amendment to the agreement with BonTerra Consulting to include this development project into the analysis for EIR No. 2008-00340; and, WHEREAS, the Proposed Project identified as Amendment No. 14 to the Anaheim Resort Specific Plan, would allow the maximum build-out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space. Additionally, the Proposed Project would amend the following documents that govern and regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan, Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No. 5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. These amendments are intended to streamline development standards, guidelines and requirements to reduce redundancy within and between these documents; and, update the documents to reflect current conditions within The Anaheim Resort. The proposed amendments do not change the types of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the associated development standards; and, WHEREAS, Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478) is proposed in conjunction with General Plan Amendment No. 2010-00482, Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060), Zoning Code Amendment No. 2010-00093, Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479), Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484), and a Water Supply Assessment (Miscellaneous Case No. 2010-00421); and WHEREAS, Amendment No. 2 to The Anaheim Resort Identity Program would amend the identity program document in its entirety, consistent with the Amendment No. 14 to the Anaheim Resort Specific Plan Project to reflect current conditions within The Anaheim Resort; said proposed document is on file with the City of Anaheim Planning Department and incorporated by this reference as if set forth in full; and -3- PC2012-*** WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 5, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed project actions, including Amendment No. 2 to The Anaheim Resort Identity Program, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, , the Planning Commission finds and determines, based upon its independent review and analysis, that Draft Supplemental Environmental Impact Report No. 2008- 00340 (EIR No. 2008-00340) prepared in connection with the Amendment No. 14 to the Anaheim Resort Specific Plan Project and in accordance with the requirements of California Environmental Quality Act (California Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), is adequate to serve as the required environmental documentation for Amendment No. 2 to The Anaheim Resort Identity Program (MIS2010-00478) and satisfies all the requirements of CEQA, and the State CEQA Guidelines, and that no further environmental documentation need be prepared for the proposed amendment. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has reviewed and considered the environmental information contained in Draft EIR No. 2008-00340 and does hereby recommend that the City Council certify EIR No. 2008-00340, including adoption of Findings and a Statement of Overriding Consideration and Mitigation Monitoring Program 85C, and determine that EIR No. 2008-00340 fully complies with CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for Amendment No. 2 to The Anaheim Resort Identity Program (MIS2010-00478). BE IT FURTHER RESOLVED that, based upon the foregoing and the information provided within the amended Anaheim Resort Identity Program document, Planning Commission Staff Report dated November 5, 2012, and other information, evidence and refinements received during the public hearing process, and in order to update the document to reflect current conditions, the Anaheim City Planning Commission does hereby recommend City Council approval of Amendment No. 2 to The Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478) as described above and on file with the City of Anaheim Planning Department. -4- PC2012-*** THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of November 5, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November, 2012. ______________________________________________________ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION [DRAFT] ATTACHMENT NO. 6 -1- PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING THAT THE ANAHEIM CITY COUNCIL ADOPT AMENDMENT NO. 5 TO THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE PROGRAM (DEV2010-00044) WHEREAS, The Anaheim Resort includes 1,078 gross acres located generally west of Interstate 5, south of Vermont Avenue, east of Walnut Street and north of Chapman Avenue; and WHEREAS, in 1989, the City of Anaheim initiated the Commercial Recreation Area Enhancement Program and Transportation/Land Use Strategy Plan. The goal of the City’s efforts was to address the need for visual enhancement and infrastructure improvements in the Commercial Recreation Area. Specifically, the Commercial Recreation Area Enhancement Program’s goal was to comprehensively address signage, landscaping, and other land use and site development issues. The Transportation/Land Use Strategy’s goal was to assess existing and future transportation conditions and recommend improvements commensurate with land use intensification projections over the next 20 years. In 1990, in connection with these studies, the City Council adopted a revised C-R Zoning Ordinance and established Design Guidelines for the area; and WHEREAS, The Commercial Recreation Area has been renamed The Anaheim Resort and encompasses approximately 1,078 acres designated on the Anaheim General Plan Land Use Plan for Commercial Recreation land uses; and WHEREAS, in 1993, the Anaheim City Council (“City Council”) approved The Disneyland Resort Specific Plan and EIR, a proposal for approximately 489.7 acres in The Anaheim Resort to develop an international multi-day resort including a second theme park, hotel rooms, internal transportation systems, public parking facilities, administrative offices and ongoing modification of the existing Disneyland theme park. In 1994, the City Council subsequently approved the Hotel Circle Specific Plan to provide for the development of up to 969 hotel rooms on approximately 6.8 acres in the Anaheim Resort; and WHEREAS, On September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area’s potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor-serving uses as well as the infrastructure improvements that are needed to support future development. Since the adoption of the Anaheim Resort Specific Plan, proposed modifications to the specific plan have included 13 amendments and 6 adjustments, which have expanded the total acreage of the Anaheim Resort Specific Plan area to 581.3 acres; and WHEREAS, in conjunction with the approval of the Anaheim Resort Specific Plan, On September 20, 1994, the City Council also adopted The Anaheim Resort Public Realm Landscape Program. The Anaheim Resort Public Realm Landscape Program summarizes landscape concepts -2- PC2012-*** proposed for the public streets within The Anaheim Resort and provides a general overview of the different landscape treatments that will help create a unifying resort identity; and, WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan and The Anaheim Resort Public Realm Landscape Program, City Council certified MEIR No. 313. Since being certified in 1994, two validation reports have been prepared (1999 and 2004) to evaluate the continued relevance and accuracy of MEIR No. 313; and WHEREAS, on October 8, 1996, the City Council adopted Resolution No. 96R-178 amending The Anaheim Resort Public Realm Landscape Program in order to provide for modifications to the streetscape landscape plans for Freedman Way, Harbor Boulevard, Walnut Street and West Street/Disneyland Drive; and WHEREAS, on June 22, 1999, the City Council adopted Resolution No. 99R-137 amending The Anaheim Resort Public Realm Landscape Program in order to provide for a mid-block median break on Clementine Street between Disney Way (former Freedman Way) and Katella Avenue; and WHEREAS, on February 26, 2002, the City Council adopted Resolution No. 2002R-56 amending The Anaheim Resort Public Realm Landscape Program in order to modify the landscape concept plans for Disney Way between Harbor Boulevard and Clementine Street to reflect a mid-block median island opening to permit vehicle ingress and egress to the modified Anaheim GardenWalk (former Pointe Anaheim) project; and WHEREAS, on March 31, 2009, the City Council adopted Resolution No. 2009-055 amending The Anaheim Resort Public Realm Landscape Program in order provide special criteria for the “Harbor Boulevard/Katella Avenue Intersection Area” to introduce special paving, sculptural urban design elements and to modify the landscape concept plan for this intersection; and WHEREAS, in June 2008, City Council approved a contract with BonTerra Consulting to prepare Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) to reevaluate all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan area since its adoption in 1994. In August 2008, the City Council authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a development project at the Anaheim Convention Center. In order to analyze the environmental impacts of this development project, in October 2008, City Council approved an amendment to the agreement with BonTerra Consulting to include this development project into the analysis for EIR No. 2008-00340; and, WHEREAS, the Proposed Project identified as Amendment No. 14 to the Anaheim Resort Specific Plan, would allow the maximum build-out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space. Additionally, the Proposed Project would amend the following documents that govern and regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan, Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No. 5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. These amendments are intended to streamline development standards, guidelines and requirements to reduce redundancy within and between these -3- PC2012-*** documents; and, update the documents to reflect current conditions within The Anaheim Resort. The proposed amendments do not change the types of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the associated development standards; and, WHEREAS, Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479) is proposed in conjunction with General Plan Amendment No. 2010-00482, Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060), Zoning Code Amendment No. 2010-00093, Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478), Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484), and a Water Supply Assessment (Miscellaneous Case No. 2010-00421); and WHEREAS, Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479) would amend the identity program document in its entirety, consistent with the Amendment No. 14 to the Anaheim Resort Specific Plan Project to reflect current conditions within The Anaheim Resort; said proposed document is on file with the City of Anaheim Planning Department and incorporated by this reference as if set forth in full; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 5, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed project actions, including Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the Planning Commission finds and determines, based upon its independent review and analysis, that Draft Supplemental Environmental Impact Report No. 2008- 00340 (EIR No. 2008-00340) prepared in connection with the Amendment No. 14 to the Anaheim Resort Specific Plan Project and in accordance with the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), is adequate to serve as the required environmental documentation for Amendment No. 2 to The Anaheim Resort Identity Program (MIS2010-00478) and satisfies all the requirements of CEQA, and the State CEQA Guidelines, and that no further environmental documentation need be prepared for the proposed amendment. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has reviewed and considered the environmental information contained in Draft EIR No. 2008-00340 and does hereby recommend that the City Council certify EIR No. 2008-00340, including adoption of Findings and a Statement of Overriding Consideration and Mitigation Monitoring Program 85C, and determine that EIR No. 2008-00340 fully complies with CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for Amendment No. 2 to The Anaheim Resort Identity Program (MIS2010-00478). -4- PC2012-*** BE IT FURTHER RESOLVED that, based upon the foregoing and the information provided within the amended Anaheim Resort Public Realm Landscape Program document, Planning Commission Staff Report dated November 5, 2012, and other information, evidence and refinements received during the public hearing process, and in order to update the document to reflect current conditions, the Anaheim City Planning Commission does hereby recommend City Council approval of Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00478) as described above and on file with the City of Anaheim Planning Department. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of November 5, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 5, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of November, 2012. ______________________________________________________ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION [DRAFT] ATTACHMENT NO. 7 -1- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ZONING CODE AMENDMENT NO. 2010-00093, 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. (DEV2010-00044) 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 (“ARSP No. 92-2” or “Anaheim Resort Specific Plan”) by the addition of Chapter 18.48 to said Code; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to ARSP 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 ARSP No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the ARSP 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 Anaheim City 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 ARSP 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. 5964 amending Ordinance Nos. 5454 relating to Amendment No. 3 to ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating a 0.73-acre parcel into the ARSP No. 92-2 Zone; and WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the ARSP 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 ARSP Area; and -2- WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the ARSP 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 ARSP 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. 5920, amending Title 18 of the Anaheim Municipal Code in its entirety. Said amendment included Amendment No. 4 to the ARSP No. 92-2, which renumbered the codification of the Zoning Development Standards set forth in Chapter 18.48 to Chapter 18.116 and made modifications to said chapter intended to streamline the project review process; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5454 relating to Amendment No. 5 to the ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating 27 acres into the ARSP 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 ARSP 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 August 22, 2006, the City Council adopted Ordinance No. 6031, amending Ordinance No. 5453, relating to Adjustment No. 5 to the ARSP No. 92-2, which amended the Zoning Development Standards in its entirety to provide consistent formatting with Title 18 of the Anaheim Municipal Code along with minor modifications and clarifications; and WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay 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 modifications to the Zoning and Development Standards, previously approved by Amendment No. 8 to the ARSP No. 92-2; and -3- WHEREAS, on February 20, 2008, Anaheim City 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 redesignate 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, on April 14, 2009, City Council adopted Ordinance No. 6141 amending Ordinance No. 5453 relating to Amendment No. 13 to the ARSP No. 92-2 to create a new density category for the Commercial Recreation (C-R) District, called “Low Medium Density (Modified), modified Central Core and Special Intersection Landscape Treatment to allow special landscape and hardscape treatments at the corner of Harbor Boulevard and Katella Avenue; modified the sign code to allow a greater number and larger signs than currently permitted for hotels and accessory retail; allowed changeable copy signs for hotels when not visible from any public right-of-way, murals, and building integrated multi-tenant signs subject to approval of a conditional use permit; and WHEREAS, on June 5, 2012, City Council adopted Ordinance No. 6245 amending Ordinance No. 5453 relating to Adjustment No. 6 to the ARSP No. 92-2 to modify Code references and terminology for Restaurants with Outdoor Dining, Restaurants with Accessory Entertainment, Dance Venues, Massage Establishments, Amusement Devices, Amusement Arcades and Health Clubs to be consistent with Chapters 18.16 (Regulatory Permits) and 18.92 (Definitions) of Title 18 (Zoning Code); and, WHEREAS, in June 2008, City Council approved a contract with BonTerra Consulting to prepare Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) to reevaluate all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan area since its adoption in 1994. In August 2008, the City Council authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a development project at the Anaheim Convention Center. In order to analyze the environmental impacts of this development project, in October 2008, City Council approved an amendment to the agreement with BonTerra Consulting to include this development project into the analysis for EIR No. 2008-00340; and, WHEREAS, the Proposed Project identified as Amendment No. 14 to the Anaheim Resort Specific Plan, would allow the maximum build-out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel -4- meeting/ballroom space. Additionally, the Proposed Project would amend the following documents that govern and regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan, Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No. 5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. These amendments are intended to streamline development standards, guidelines and requirements to reduce redundancy within and between these documents; and, update the documents to reflect current conditions within The Anaheim Resort. The proposed amendments do not change the types of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the associated development standards; and, WHEREAS, Zoning Code Amendment No. 2010-00093 is proposed in conjunction with General Plan Amendment No. 2010-00482, Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060), Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478), Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010- 00479), Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484), and a Water Supply Assessment (Miscellaneous Case No. 2010-00421); and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 5, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed project actions, including Zoning Code Amendment No. 2010- 00093, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, on November 5, 2012 and recommended to the City Council that it adopt an ordinance approving said proposed amendment; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), this City Council finds and determines, based upon its independent review and analysis, that Draft Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) prepared in connection with the Amendment No. 14 to the Anaheim Resort Specific Plan Project and in accordance with the requirements of CEQA"), is adequate to serve as the required environmental documentation for Zoning Code Amendment No. 2010-00093 and satisfies all of the requirements of CEQA and the State CEQA Guidelines, and that no further environmental documentation need be prepared for the proposed amendment. 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. -5- SECTION 2. That subsection .010 of Section 18.116.010 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Purpose. The regulations set forth in this chapter have been established to provide for orderly development of, and upon adoption of an ordinance reclassifying said property to SP 92- 2 (the “Zone”), shall be applicable to that certain property (hereinafter referred to as the “Specific Plan area”) described in that Specific Plan No. 92-2 document (hereinafter referred to as the “Specific Plan”) marked “Exhibit A” and on file in the office of the City Clerk, approved by the City Council on September 27, 1994 (Ordinance No. 5453), and amended on June 3, 1997 (Ordinance No. 5599), amended on May 18, 1999 (Ordinance No. 5685), amended on August 17, 1999, (Ordinance No. 5694), amended on September 21, 1999 (Ordinance No. 5703) and amended on May 1, 2001 (Ordinance No. 5769), amended on April 27, 2004 (Ordinance No. 5910), amended on May 25, 2004 (Ordinance No. 5920), as part of the comprehensive Zoning Code Update, amended on June 8, 2004 (Ordinance No. 5922), amended on February 8, 2005 (Ordinance No. 5954), amended on February 8, 2005 (Ordinance No. 5954), amended on September 12, 2006 (Ordinance 6036), amended on May 8, 2007 (Ordinance No. 6058), amended on March 4, 2008 (Ordinance Nos. 6098 and 6099), amended on October 14, 2008 (Ordinance No. 6117), amended on March 31, 2009 (Ordinance No. 6141), and amended on ________, ____ (Ordinance No. _____), as the same may be hereinafter amended. SECTION 3. That subsection .010 of Section 18.116.020 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Compliance with Anaheim Resort Specific Plan Code and Conditions of Approval. All uses and development in this Zone shall comply with any applicable provisions of the code expressly referred to in this chapter, including, unless specifically amended herein, the provisions of Chapters 18.92 (Definitions); 18.40 (General Development Standards); and 18.60 (Procedures) provided, however, that in the event of any conflict or inconsistency between any provision contained in any other chapter of this code and any provision contained in this chapter, the provision contained in this chapter shall govern and apply. All Engineering Standards referred to in this chapter are on file in the office of the City Engineer and are incorporated herein by reference as if fully set forth in this chapter. Where the provisions of this Zone do not discuss a specific condition or situation which arises, the nonconflicting provisions of the Anaheim Municipal Code shall apply. All uses and development in this Zone shall further be subject to conditions of approval imposed by resolution and ordinance upon the Anaheim Resort Specific Plan and shall comply with all applicable provisions of Mitigation Monitoring Program Nos. 0085, 0085a, and 0085b and 0085C. SECTION 4. That subsection .040 of Section 18.116.020 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: -6- .040 Specific Plan Boundaries. The Specific Plan boundaries are identified on Exhibit 3.3.1a entitled “Development Plan” of the Specific Plan document. The Specific Plan area encompasses two land use districts: the Commercial Recreation (C-R) District and the Public Recreation (PR) District. The Specific Plan also encompasses the includes a Mobile Home Park (MHP) Overlay Zone as shown on Exhibit 3.3. 2a (Mobile Home Park (MHP) Overlay Zone) of the Specific Plan document and the Anaheim Resort Residential (ARR) Overlay. Both overlays are within the C-R District. The project area legal description is provided in Section 9.0 of the Specific Plan document. The Zoning Map of the City shall reflect the boundaries of the Specific Plan area. SECTION 5. That a new subsection .015 be added to Section 18.116.030 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .015 “B” Words, Terms And Phrases. “Banquet/Meeting Room.” A room within a hotel/motel that is rented by individuals or groups to accommodate private functions such as banquets, weddings, anniversaries, and other similar celebrations; and/or meetings, conferences, conventions or educational classes. “Breakfast Room.” A room within a hotel or motel where breakfast is provided free of charge to the hotel or motel guests and use of the room is limited strictly to the guests and/or employees of the hotel or motel. SECTION 6. That subsection .020 of Section 18.116.030 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 “D” Words, Terms And Phrases. “Density.” For purposes of this specific plan, hotel/motel densities are established in Section 18.116.060 (Development Density Areas - Commercial Recreation (C-R) District (Development Area 1)). Any accessory uses, that are not identified as “limited strictly to the use of the guests and/or employees of such hotel” within Table 116 E, Accessory Uses Incidental to and Integrated within a Hotel or Motel Including Suite-Type Hotels, and Otherwise Limited Herein: C-R District (Development Area 1), shall reduce the otherwise maximum permitted hotel/motel density at the rate of one hotel/motel room per six-hundred (600) gross square feet of accessory use. SECTION 7. That subsection .030 of Section 18.116.030 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: -7- .030 “E” Words, Terms And Phrases. “Emergency Medical Facilities.” A facility that provides skilled medical services for unexpected and unforeseen events and bodily trauma that demand immediate medical action. SECTION 8. That a new subsection .065 be added to Section 18.116.030 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .065 “R” Words, Terms And Phrases. “Recreation Buildings and Structures.” Recreational uses associated with hotels and motels, such as tennis and racquetball courts, spas, swimming pools, cabanas, dressing rooms, and play equipment. SECTION 9. That subsection .070 of Section 18.116.030 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 “S” Words, Terms And Phrases. “Sign.” See subsection 18.116.160.010 (Definitions Pertaining To Signs). “Specialty Retail Centers.” A retail center where all goods and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such center shall consist of a minimum of five (5) acres; have integrated management; have a “festive theme” orientation; plazas and/or other pedestrian –oriented amenities shall be part of the center’s design; and, land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on-premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off-premises consumption; sale of alcoholic beverages for on-premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Section 18.16.050 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. “Strip Shopping Centers.” A building or collection of buildings containing retail and/or commercial uses in which the primary orientation of the buildings, entrances, signs, and uses is toward the adjacent public street, and in which parking areas or access to parking areas are prominently displayed to passing vehicles. Such shopping centers contain uses intended to attract either the general public or tourists, visitor and/or recreational consumers. -8- SECTION 9. That paragraph .0204 of subsection .020 of Section 18.116.040 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0204 Environmental Review. Notwithstanding any other provision of this chapter, Final Site Plan review by the Planning Department under paragraph 18.116.040.020 (Final Site Plan Review and Approval) shall include a ministerial determination whether the proposed building, structure or use has been environmentally cleared on a project-specific level by the Master Environmental Impact Report for the Anaheim Resort Specific Plan (MEIR No. 313) and Supplemental Environmental Impact Report For Amendment No. 14 to the Anaheim Resort Specific Plan (SEIR No. 340), or other final environmental documentation. If not, then the proposed activity shall be subject to the preparation of an initial study and potential further environmental review and mitigation pursuant to the procedures outlined for subsequent projects under a Master EIR in Public Resources Code Section 21157.1. SECTION 10. That Section 18.116.050 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: The Specific Plan area encompasses two land use districts and two overlays as set forth below: .010 Commercial Recreation (C-R) District - Identified as Development Area 1 on Exhibit 3.3.1a of the Specific Plan document entitled “Development Plan.” Development density areas for this district are set forth in Section 18.116.060 (Development Density Areas - Commercial Recreation (C-R) District (Development Area 1)). Development regulations for this district are set forth in this chapter. .020 Public Recreation (PR) District - Identified as Development Area 2 on Exhibit 3.3.1a of the Specific Plan document entitled “Development Plan.” Development Regulations for this district are set forth in Section 18.116.110 (Land Use and Site Development Standards - Public Recreation (PR) District (Development Area 2)). .030 Mobile Home Park (MHP) Overlay - MHP Overlay boundaries are identified on Exhibit 3.3.32a of the Specific Plan Document entitled “Mobile Home Park (MHP) Overlay Zone.” Development Regulations for the MHP Overlay are set forth in Section 18.116.120 (Mobile Home Park (MHP) Overlay). (Ord. 5453 § 1 (part); September 27, 1994: Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 64 (part); August 22, 2006: Ord. 6036 § 2; September 12, 2006.) .040 Anaheim Resort Residential (ARR) Overlay – ARR boundaries are identified on Exhibit 3.3-4 of the Specific Plan document entitled “Anaheim Resort Residential (ARR) Overlay.” Development Regulations for this district are set forth in Section 18.116.125 (Anaheim Resort Residential (ARR) Overlay). -9- SECTION 11. That Section 18.116.060 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Purpose. To permit the maximum amount of development in the Anaheim Resort Specific Plan area consistent with The Anaheim Resort’s infrastructure capacity, the Specific Plan establishes four (4)five (5) density categories in the C-R District. The following criteria establish density modifications for hotel/motel accessory uses and uses other than hotels/motels. .0101 Hotel/Motel Accessory Uses. These designations are based upon hotel/motel development and allow Up to twenty percent (20%) of each hotel/motel project gross square footage, excluding parking facilities, to may be developed with integrated (i.e., included within the main hotel/motel complex) accessory uses. Any accessory use, that is not identified as “limited strictly to the use of the guests and/or employees of such hotel” within Table 116- E, Accessory Uses Incidental to and Integrated within a Hotel or Motel Including Suite- Type Hotels, and Otherwise Limited Herein: C-R District (Development Area 1), will reduce the otherwise maximum permitted hotel/motel density at the rate of one hotel/motel room per six hundred (600) gross square feet of accessory use. .0102 Uses other than Hotels/Motels. For properties proposed to be developed with permitted and conditionally permitted uses other than hotels/motels with accessory uses, the traffic generation characteristics of said uses shall not exceed those associated with the otherwise permitted hotel/motel (including accessory uses) density as determined by the City Traffic and Transportation Manager prior to Final Site Plan review and approval. Boundaries of the density areas are depicted in Exhibit 3.3.3b2, (Commercial Recreation (C-R) District Development Density Plan) of the Specific Plan document. .020 The maximum number of hotel/motel rooms allowed in each density category is shown in Table 116-B of Section 18.116.060 (Development Density Areas - Commercial Recreation (C-R) District (Development Area 1)). TABLE 116-B HOTEL/MOTEL ROOM DENSITY Density Category Maximum Density Low Density Up to 50 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the Anaheim Resort Specific Plan (or for amended areas, the date of the adoption of the specific plan amendment), whichever is greater. Low-Medium Density Up to 75 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the Anaheim Resort Specific Plan, whichever is greater, except that for that area identified in Ordinance No. 5694 as Area 8 on Exhibit 9.1a of the Specific Plan document entitled “Legal Description Areas” (Amendment No. 3), the maximum density shall be 75 rooms per gross acre. Low-Medium Density Up to 252 rooms and 75,593 square feet of accessory uses. -10- TABLE 116-B HOTEL/MOTEL ROOM DENSITY Density Category Maximum Density (Modified) Medium Density Up to 100 rooms per gross acre or 75 rooms per lot or parcel existing on the date of adoption of the Anaheim Resort Specific Plan, whichever is greater. Convention Center (CC) Medium Density Up to 125 rooms per gross acre (with trip generation characteristics mitigated to the equivalent of 100 rooms per gross) or 75 rooms per lot or parcel existing on the date of adoption of the Anaheim Resort Specific Plan, whichever is greater. .030 Exceptions. .0301 For parcels that are developed with hotel or motel rooms which exceed the maximum density designation, the number of rooms existing on the date of adoption of the Anaheim Resort Specific Plan Ordinance (Ordinance No. 5453, Adopted on September 27, 1994) (or for amended areas, the date of the adoption of the specific plan amendment ordinance) may be rebuilt or modified at their existing density. (Ord. 5453 § 1 (part); September 27, 1994: Ord. 5694 § 1; August 17, 1999.) .0302 Densities of contiguous parcels/lots may be combined for the purpose of developing a master plan project without processing a subdivision map to combine the parcels/lots subject to the following: .01 That the density on one or more parcels/lots may exceed the maximum density allowed for said parcel/lot provided that: the maximum overall density permitted for the combined parcels/lots is not exceeded; the proposed project does not exceed traffic impacts associated with the otherwise permitted hotel/motel density as determined by the City’s Traffic and Transportation Manager; and, that the environmental effects associated with the proposed project are consistent with those cleared by the Master Environmental Impact Report for the Anaheim Resort Specific Plan (MEIR No. 313) and Supplemental Environmental impact Report for Amendment No. 14 to the Anaheim Resort Specific Plan (SEIR No. 340), or other final environmental documentation. .02 That the proposed density for each parcel/lot is shown on the Final Site Plan processed in accordance with subsection 18.116.040.020 (Final Site Plan Review and Approval). .03 That an unsubordinated covenant shall be recorded on each of the affected parcels limiting the density of each parcel to that shown on the approved Final Site Plan and that said covenant shall be recorded prior to the issuance of the first building permit for the master plan project. The covenant shall be prepared in a form satisfactory to the City Attorney and shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Department. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 64 (part); August 22, 2006.) -11- .0303 Properties along the following street segments may include the following additional right-of-way widths in their gross acreage due to the enhanced ultimate right-of- way widths required by adopted General Plan Amendment No. 331 to implement the Anaheim Resort Public Realm streetscape program: Harbor Boulevard, between the Interstate-5 Freeway and Orangewood Avenue twelve (12) feet; Katella Avenue twenty- eight (28) feet; Disney Way eleven and one half (11-1/2) feet; Disneyland Drive north of Ball Road ten (10) feet; and Disneyland Drive, between Magic Way and Katella Avenue two and one half (2-1/2) feet. SECTION 12. That Table 116-C of Section 18.116.070 of Chapter 18.116 the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Agricultural uses crops P Alcoholic Beverages – Off-Sale N Except as permitted subject to Section 18.116.070.090 or as an accessory use incidental to and integrated within a hotel or motel. Alcoholic Beverages – On-Sale P Ambulance Services N Amusement parks, theme-type complexes, aviaries, zoos C Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. -12- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Animal Boarding C No animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. Animal Grooming N Antennas – Broadcasting C Antennas - Telecommunications T Stealth facilities integrated within a building are permitted subject to Section 18.38.060 and Section 18.62.020 Freestanding ground-mounted facilities including stealth facilities are not permitted. Automated Teller Machines (ATM’s) P Shall be located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Subject to Section 18.36.040. Art galleries C Automotive – Parking Lots or Parking Structures/Garages C Parking lots or parking structures/garages not otherwise permitted by Table 116-D. Automotive – Car Sales and Rental N/C Car sales are prohibited. Automotive - Rental not otherwise permitted by Table 116-D requires a conditional use permit. Automotive – Parts Sales N Automotive – Public Parking C Parking lots or parking structures/garages not otherwise permitted by Table 116-D. Automotive – Repair and Modification N -13- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Automotive – Service Station C Subject to requirements of Chapter Section 18.38.070 (Automotive Service Stations) and subsection 18.116.070.090. Automotive – Service Station: Convenience Markets or Mini- markets with or without the sale of beer and wine for off-premises consumption N Except as permitted subject to Section 18.116.070.090. Automotive –Service Station: Rental and/or display of utility trailers or trucks N Automotive –Service Station: Sale of alcoholic beverages for on- premises and/or off- premises consumption N Except as permitted subject to Section 18.116.070.090 Automotive – Service Station: Tow Truck Operations C In conjunction with an Automotive - Service Station only subject to the following: (a) A maximum of one (1) tow truck shall be permitted. (b) When on-site, the tow truck shall be screened from view of the public right-of-way at all times. (c) All vehicles towed to the site shall be stored indoors in a service bay. Under no circumstances shall outdoor storage of the towed vehicles be permitted. (d) No additional signage advertising tow truck operations shall be permitted. Tow truck operations or towing services not in compliance with the above requirements shall be prohibited. -14- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Automotive – Washing C In conjunction with an Automotive – Service Station only. Bars & Nightclubs C Bed and Breakfast Inns N Beekeeping N Billboards N As defined in subsection 18.116.160.010 (Definitions Pertaining to Signs). Bingo N Boat and RV Sales N Building and Material Sales N Cemeteries N Christmas tree sales lots and/or stands N Commercial retail centers N Including commercial retail centers, strip shopping centers, mini- malls and other shopping centers not in conformance with the requirements of a Specialty Retail Center, as defined in Section 18.116.030 (Definitions) and detailed within this table (Table 116-C) “Specialty Retail Centers”. Computer Internet Facility C Community and Religious Assembly C Computer Internet & Amusement Facilities C Convalescent & Rest Homes N -15- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Convenience markets or mini-markets Stores N Except as allowed by Section 18.116.070.090 Conversion of hotels or motels to semi- permanent or permanent living quarters N Except a caretaker/manager unit may be provided as specified in Table 116-D, or vacation ownership resorts as detailed within this table (Table 116-C) “Vacation Ownership”. Dance Venue C As defined in Section 18.92.070 (“D” Words, Terms And Phrases.) of the Anaheim Municipal Code. Dance & Fitness Studios – Large N Dance & Fitness Studios – Small N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Day Care Centers N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Drive-Through Facilities N Dwelling units N Single-family or multiple-family, except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. Educational Institutions – Business C Educational Institutions – General C Emergency Medical Facilities C Entertainment Venue C Equipment Rental – Large N -16- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Equipment Rental – Small N Golf Courses & Country Clubs C Group Care Facilities N Headshop N Heliport N As defined in Chapter 18.92 (Definitions). Helistop C As defined in Chapter 18.92 (Definitions) (excluding heliports); that any such helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. Hotels and motels located north of Orangewood Avenue P Including suite type hotels Hotels and motels located south of Orangewood C Including suite type hotels Hospitals N As defined in Chapter 18.92 (Definitions). Industrial Uses Industry N As set forth in Chapter 18.10 (Industrial Zones) Industry-Heavy N Inflatable advertising display N Junkyards N Kitchens or kitchenettes C In hotel or motel guest rooms or suites. Massage establishments C Those integrated within a hotel or motel only, for which a permit is required pursuant to Section 18.16.070 (Massage) of the Anaheim Municipal Code. -17- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Markets-Large N Markets-Small N Medical & Dental Offices N Mobile home parks N Except as otherwise permitted by Section 18.116.120 (Mobile Home Park (MHP) Overlay) for parcels encompassed by the MHP Overlay as identified on Exhibit 3.3.2a of the Specific Plan document (Mobile Home Park (MHP) Overlay Zone). Expansion of existing facilities to increase the number of mobile homes or mobile home spaces is prohibited. Mortuaries N Museums C Nonconforming Structures and Uses – Expansion of nonconforming uses and structures C Provided that the expansion brings the use and/or structure into greater conformity with the intent of the Specific Plan. Nonconforming Structure – Facade improvements not exceeding 5% of the building floor area P Provided that the improvements are in substantial conformance with the building envelope, do not adversely impact any adjacent parcels and are in conformance with the Design Plan. If the Planning Director determines that adverse impacts would occur from the improvements or if the improvements are not in substantial conformance with the building envelope, the plans shall be referred to the Planning Commission as a conditional use permit. Nonconforming Structure – Facade improvements exceeding 5% of the building floor area C -18- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Nonconforming Structure – Office uses in a legal nonconforming building C Non-publicly operated convention centers C Including exhibition halls and auditoriums Offices - Development C Office buildings when accessory to, and integrated as part of, an on-site permitted primary or when located in a legal non- conforming building. Offices – General C Office buildings when accessory to, and integrated as part of, an on-site permitted primary or when located in a legal non- conforming building. Oil Production N Outdoor advertising of merchandise, products and/or services N Including, but not limited to, merchandise promotions, sales, pricing, etc. Outdoor sales events N Including Christmas Tree/Pumpkin sales lots or stands Outdoor storage yards of goods and materials N Except as otherwise permitted in this Zone Personal Services – General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Personal Services - Restricted N Plant Nurseries N Public Services C Pawnshops N Pennants or pennant- type banners N Where visible from a public right-of-way and/or adjacent property -19- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Recreation-Billiards C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation–Bowling Commercial Indoor C Including sales of alcoholic beverages for on-premise consumption Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation –Golf Courses/ Miniature golf courses Commercial Outdoor C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation –Low Impact C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation –Outdoor recreational playground areas P In conjunction with permitted primary uses and structures listed in Table 116-C only Recreation –Swimming & Tennis C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation –Skating rinks C Recreational vehicle and campsite parks C Limited to use for short-term visits, not to exceed 30 days in any calendar year, by tourists and visitors. Recycling Services – Consumer General N Recycling Services - Processing N Repair Services - General N Repair Services – Limited N -20- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Research & Development N Residential hotels/motels N Restaurants –General P Enclosed and or with outdoor dining, with or without sale of alcoholic beverages for on premises consumption, as defined in Chapter 18.92 (Definitions). Restaurants allowed as permitted uses shall be full service establishment. Such establishments may provide take-out service, but as a limited, ancillary function only. Outdoor seating areas visible from the public right-of-way shall not include table umbrellas that display any symbol, name, writing or product advertising. Restaurants –Drive-in or Drive-through N Restaurants with accessory entertainment with cover charge C Pursuant to and as defined in Chapter 18.92 (Definitions) Retail Sales - General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or subject to the requirements for a specialty retail center Retail Sales - Kiosk N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or as part of a conditional use permit for a specialty retail center Retail Sales – Outdoor N Retail Sales – Used Merchandise N Room & Board N Sale of alcoholic beverages for on- premises and/or off- premises consumption N Except as otherwise expressly permitted in conjunction with automobile service station convenience markets or min-markets subject to Code Section 18.116.070.090. -21- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Secondhand shops N Self Storage N Sex-oriented businesses N As defined in Chapter 18.92 (Definitions) Specialty retail centers C Where all goods and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall (a) Consist of a minimum of five (5) acres; (b) Have integrated management; (c) Have a “festive theme” orientation; (d) Plazas and/or other pedestrian-oriented amenities shall be part of the center’s design as set forth in the Design Plan; and, (e) Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on-premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off-premises consumption; sale of alcoholic beverages for on-premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Section 18.16.050 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. -22- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Structures –Height exceeding 1/2 the distance from the building or structure to a single- family, multi- family and/or MHP Overlay zone boundary. C Structures within one hundred and fifty (150) feet of any single- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a3 (Mobile Home Park (MHP) Overlay Zone) exceeding a height equal to one-half (1/2) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. Heights shall not exceed the maximum heights defined in Section 18.40.080 (Structural Height limitation - Anaheim Commercial Recreation Area). Structures –Height Limits exceeding the maximum heights defined in Section 18.40.080 (Structure Height Limitation – Anaheim Commercial Recreation Area). N Structures –Interior Setbacks N Interior setbacks less than two (2) times the height of any proposed building or structure when such building or structure is within one hundred and fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a3 (Mobile Home Park (MPH) Overlay Zone). Structures originally designed or intended for residential use but used for non-residential purposes N -23- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Studios –Broadcasting C Including accommodations for filming/taping in front of live audiences Studios –Recording C Including accommodations for filming/taping in front of live audiences Theaters C Including dinner, legitimate or motion picture theaters, performance theaters or clubs, and indoor or outdoor amphitheaters Tow truck operators Towing Services C Permitted only in conjunction with an automotive service station facility. See Automotive –Service Stations Tow Truck Operations Permitted only in conjunction with Automotive – Service Station Trailer and Truck Rental Services N Transportation facility C As defined in paragraph subsection 18.116.030.080 (‘T’ Words, Terms and Phrases) of this chapter; helistops, as defined in Chapter 18.92 (Definitions) (excluding heliports); provided that any such station or helistop shall be located a minium of one thousand (1,000) feet from any residentially zoned property Truck Repair & Sales N Uses or activities not listed N Uses or activities not specifically listed in this chapter which are inconsistent or incompatible with the intended purpose of the Specific Plan are prohibited. C Uses or activities not specifically listed or prohibited in this chapter may be established by conditional use permit when determined by the Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan. Utilities –Major C As defined in paragraph 18.36.040.210 Utilities –Minor P As defined in paragraph 18.36.040.210 and subject to paragraph 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1)) -24- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Vacation ownership resorts C Subject to compliance with the requirements of Section 18.116.150 (Requirements for Vacation Ownership Resorts) Veterinary Services N Warehousing & Storage-Enclosed N Wholesaling N SECTION 13. That Table 116-D of Section 18.116.070 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: TABLE 116-D ACCESSORY USES AND STRUCTURES INTEGRATED WITH A PERMITTED PRIMARY USE: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Administrative, maintenance and/or indoor storage facilities service, storage and maintenance areas and loading docks P Those uses necessary to support the operation of a primary use. Shall be positioned to prevent disruption of the traffic flow by service vehicles to and from the site. Shall be located entirely on-site, including space for truck maneuvers; off-site vehicle loading is prohibited. Shall be located on interior, side, or rear yards, concealed from public view. Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1)) -25- TABLE 116-D ACCESSORY USES AND STRUCTURES INTEGRATED WITH A PERMITTED PRIMARY USE: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Agricultural Workers Quarters N Amusement Devices P Antennas – Telecommunication P N Stealth-integrated within a building Freestanding ground-mounted facility including stealth designs Antennas- Dish P Subject to Section 18.38.050 Antennas-Receiving P Subject to Section 18.38.050 Automated Teller Machines (ATMs) P Subject to Section 18.36.040 Automobile/vehicle parking lots or structures P To provide off-street parking spaces, as required by this Code, to serve the on-site uses permitted under this chapter. Automotive –Rental agencies with on-site storage and/or display of rental vehicles. P Subject to a maximum of three (3) parking spaces for on-site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces shall be in addition to those required by Chapter 18.42 (Parking and Loading) Bingo Establishments N Caretakers/manager units P As an accessory use integrated within a hotel, motel or vacation ownership resort Entertainment - Accessory P Subject to Section 18.16.060 Fences and walls P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Landscaping & Gardens P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) -26- TABLE 116-D ACCESSORY USES AND STRUCTURES INTEGRATED WITH A PERMITTED PRIMARY USE: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Mechanical and Utility Equipment –Ground Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Mechanical and Utility Equipment –Roof- Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Outdoor Displays N Outdoor Storage N Office uses P Only those accessory to and integrated as part of, an on-site permitted primary or conditional use. Parking Lots & Garages P To provide off-street parking spaces, as required by this Code, to serve the on-site uses permitted under this chapter. Petroleum Storage – Incidental N Portable Food Carts N Recycling Services – Consumer N Retail Floor, Wall & Window Coverings N Retail Sales - Kiosk C May be permitted as part of a conditional use permit for a specialty retail center Solar energy panels P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting) Signs P Subject to Section 18.116.160 (Signs) Thematic Elements P Subject to Section 18.116.160 (Signs) Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks. -27- TABLE 116-D ACCESSORY USES AND STRUCTURES INTEGRATED WITH A PERMITTED PRIMARY USE: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Warehousing & Storage – Outdoors N SECTION 14. That Table 116-E of Section 18.116.070 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Alcoholic Beverages – Off-Sale P Alcoholic Beverages – On-Sale P Amusement arcades Devices P No public access directly from the exterior of the building. Subject to Section 18.16.050 (Amusement Devices). Antennas- Dish P Subject to Section 18.38.050 Antennas-Receiving P Subject to Section 18.38.050 Automobile - Rental agency offices P With a maximum of three (3) parking spaces for on-site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces should be in addition to those required by Chapter 18.42 (Parking and Loading) and subject to Section 18.116.140 (Off-Street Parking and Loading Requirements). -28- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Automated Teller Machines (ATMs) P Shall be located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Subject to Section 18.36.040. Banquet/Meeting Room P Bingo Establishments N Banking facilities Business & Financial Services P Including automated teller machines located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Caretaker Unit P One unit Limited to less than one thousand two-hundred twenty-five (1,225) gross square feet in size Must comply with the parking standards for dwellings under Chapter 18.06 (Multiple Family Residential Zones). Barber shops P Beauty shops P Book stores P Including newspaper and periodical sales Clothing stores P Confectionery shops P Including candy stores, ice cream parlors and establishment selling bakery goods and/or coffee Custom print and art galleries P Day Care services Centers P Limited strictly to the use of the guests and/or employees of such hotel or motel Dog/cat kennels Animal Boarding P Limited strictly to the pets of guests and patrons of such hotel or motel, provided such kennels shall not be located closer than forty (40) feet from hotel/motel guest rooms or residentially zoned property. -29- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Drugstores P Floral shops P Entertainment - Accessory P Subject to Section 18.16.060 Health spas/physical fitness center Dance and Fitness Studios - Small P Limited strictly to the use of the guests and/or employees of such hotel or motel Fences and walls P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Landscaping & Gardens P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Mechanical and Utility Equipment –Ground Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Mechanical and Utility Equipment –Roof- Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Outdoor Displays N Outdoor Storage N Jewelry stores P Laundry facilities and Dry Cleaning services P Limited strictly to the use of the guests and/or employees of such hotel or motel Luggage and accessory shops P -30- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Meeting/banquet facilities P One caretaker/manager residential unit P Less than one thousand two-hundred twenty-five (1,225) gross square feet in size subject to compliance with the parking standards for Multiple-Family Dwellings under Chapter 18.06 (Multiple Family Residential Zones). Parking Lots & Garages P To provide off-street parking spaces, as required by this Code, to serve the on-site uses permitted under this chapter. Petroleum Storage – Incidental N Outdoor food and/or beverage carts Portable Food Carts C In conjunction with a hotel and subject to the following: (a) The design of the cart shall be compatible with the architectural design and/or theme of the hotel. (b) The cart shall not be permitted to encroach into any required setback areas. (c) One (1) non-illuminated business identification sign, not exceeding four (4) square feet in area with a maximum letter and/or logo height of 10-inches, may be displayed on or below the valance of the roof canopy. (d) One (1) menu pricing sign, not to exceed 12-inches in width by 18-inches in height, may be displayed on the cart below the roof canopy. (e) One (1) trash receptacle shall be provided adjacent to the cart. The trash receptacle shall be decorative and designed to complement the design of the cart. The trash receptacle and the area around the cart shall be permanently maintained and kept clean by the cart operator. (f) The precise size, number and location of carts shall be determined by conditional use permit, provided that the cart(s) shall not be visible from the public right-of-way. (g) All equipment, products and/or supplies shall be stored wholly on or inside the cart at all times. -31- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions (h) When not in use, all carts shall be stored in an on-site commissary approved by the Orange County Health Department and specifically shown on plans submitted in connection with a conditional use permit. Such commissary shall be fully enclosed and shall not be visible from any public right-of-way or adjacent properties. (i) The cart operator shall obtain all applicable State and/or local licenses and/or permits and shall prominently display such current and valid licenses and/or permits on the cart at all times. Personal Services – General P Photo supply shops P Postal and copy service facilities P Recreational facilities Recreation Buildings and Structures P Including, but not limited to, outdoor playground areas, tennis and racquetball courts, spas and swimming pools. Limited strictly to the use of the guests and/or employees of such hotel or motel. Restaurants – Drive- Through N Restaurants - General P Enclosed or with outdoor dining Restaurants P Enclosed or with outdoor dining, full-service, walk-up, fast food and/or delicatessen only Retail Floor, Wall & Window Coverings N Retail Sales - General P Retail Sales - Kiosk P Retail Sales – Outdoor N -32- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Retail Sales – Used Merchandise N Signs P Subject to Section 18.116.160 (Signs) Thematic Elements P Subject to Section 18.116.160 (Signs) Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks. Warehousing & Storage – Outdoors N Sales of alcoholic beverages P On-premises and off-premises consumption Shoe repair shops P Souvenir, gift, and/or novelty shops P Including sales of sundry items Ticket agencies P Tobacco shops P Travel agencies P SECTION 15. That Table 116-F of Section 18.116.070 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: TABLE 116-F TEMPORARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited Classes of Uses C-R District Special Provisions -33- Carnivals & Circuses N May be permitted as part of a conditional use permit for an Amusement Park, Theme-Type Complex, Aviary, or Zoo Christmas Tree & Pumpkin Sales N Contractor’s Office and/or Storage P Temporary structures including the housing of tools and equipment or containing supervisor offices in connection with construction projects may be established and maintained during the progress of such construction on such projects, provided the time of such use shall not exceed one (1) year unless a request for an extension of time for good cause is approved by the Planning Director. Special Events and Temporary Signs, Flags, Banners and Balloons P The temporary use of premises for special events as defined in Chapter 18.92 (Definitions), shall be subject to compliance with the provisions of Section 18.38.240 (Special Events) and Section 18.44.170 (Temporary Signs - Special Event Permit), provided that the following additional limitations shall apply in this District: (a) One banner may be displayed upon the premises provided the banner is used in association with an on-site convention, a grand opening or any other event that is determined by the Planning Director to be in conformance with the goals and policies of the Specific Plan. The message on the banner shall be limited to the name, logo of the business and/or the event. The banner shall be securely attached to the building wall on which it is displayed. (b) The following uses or activities are specifically prohibited: (1) Any outdoor display and/or sales of merchandise or promotional materials in a location that is visible from a public right-of-way and/or adjacent property; (2) Inflatable advertising displays; (3) Outdoor advertising of merchandise, products and/or services, including, but not limited to, merchandise promotions, sales, pricing, etc.; (4) Roof-mounted displays of flags, banners, balloons, inflatable devices, or similar promotional displays; (5) Display of pennants or pennant-type banners in a location that is visible from a public right-of-way and/or adjacent property; (6) Flags, banners or balloons displayed in a landscape area or on a fence; and, (7) Worn, frayed or faded flags or balloons shall not be -34- permitted. Open-Air Festivals N May be permitted as part of a conditional use permit for an Amusement Park, Theme-Type Complex, Aviary, Zoo or Specialty Retail Center Real Estate Tract Office N Real Estate Tract Signs N Temporary Parking Lots P Subject to review and approval of the City Traffic and Transportation Manager in accordance with subsection 18.116.140.060 (Temporary Parking) and Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting - Commercial Recreation (C-R) District (Development Area 1)). SECTION 16. That subsection .090 of Section 18.116.070 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .090 Automotive - Service Station, subject to the requirements of Chapter 18,38.070 (Automotive Service Stations) (except as certain associated uses are conditionally permitted or prohibited in this subsection) provided that site development shall be governed by the provisions of this chapter and the Design Plan. New service stations shall be designed so that buildings are located adjacent to the front setback areas abutting the street, and pumps, service bays and other functions are located behind the building. As a condition of granting any conditional use permit for an automobile service station, the property owner shall record an unsubordinated covenant against the property agreeing to remove all structures, including underground tanks, in the event that the station is closed for a period of twelve (12) consecutive months or longer. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. .0901 Conditionally Permitted Accessory Use. Convenience markets or mini-markets with or without the sale of beer and wine for off-premises consumption may be permitted in conjunction with a service station facility, subject to the approval of a conditional use permit and , subject to the following requirements. (1) Such convenience market or mini-market has a maximum floor area of 3,200 square feet, provided that this use is only permitted in connection with the relocation of an existing service station facility with frontage on Harbor Boulevard to another location in the Anaheim Resort not adjacent to Harbor Boulevard, and further provided that: (2) Prior to issuance of a building permit for the relocated service station, the property owner shall record a covenant on both the existing and the new service station properties satisfactory to the Planning Department and the City Attorney’s Office that prior to final zoning and building inspections of the relocated service station, the existing service station shall be closed, demolition of the existing service station building, canopy and site improvements completed and removal of the underground storage tanks commenced in accordance with a -35- permit issued by the Anaheim Fire Department. The covenant shall further provided that the site shall be screened by a chain link fence with green scrim on the side oriented towards the public right-of-way and adjacent properties while demolition and tank removal is in process, and that within a period of sixty (60) days following the completions of demolition and tank removal activities, the site shall be screened by a minimum 3-foot wide, 3-foot high landscape berm or shrubs adjacent to the public right-of way. The site may be additionally screened by a 6-foot high chain link fence with green scrim oriented towards the public right-of-way located behind the landscape berm or shrubs. (Ord. 6031 § 64 (part); August 22, 2006.) .0902 Tow truck operations may be permitted in conjunction with a service station facility, subject to the approval of a conditional use permit and the following requirements. (1) A maximum of one (1) tow truck shall be permitted. (2) When on-site, the tow truck shall be screened from view of the public right- of-way at all times. (3) All vehicles towed to the site shall be stored indoors in a service bay. Under no circumstances shall outdoor storage of the towed vehicles be permitted. (4) No additional signage advertising tow truck operations shall be permitted. SECTION 17. That subsection .020 of Section 18.116.080 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Height Adjacent to Residential Zones and the MHP Overlay. The height of any building or structure within one hundred fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred fifty (150) feet of any multi- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a3 of the Specific Plan document, (Mobile Home Park (MHP) Overlay Zone) shall not exceed a height equal to one-half (½) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. Heights greater than one-half the distance from said building or structure to said zone or overlay boundary may be permitted subject to the approval of a conditional use permit as set forth in Table 116-C, provided that the maximum height shall not exceed the maximum height set forth for the property in Section 18.116.080.010 (Maximum Permitted Structural Height). SECTION 18. That Section 18.116.090 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Structural Setback and Yard Requirements. Buildings and structures within this Specific Plan area shall be provided with open yards and setbacks extending across the full width of the property as provided herein. All setbacks shall be fully landscaped, irrigated, and maintained in a manner in compliance with the Design Plan, including, but not limited to, the -36- Layered Landscape Concept and the Minimum Tree Density. The following minimum setback requirements set forth in Table 116-G shall apply to permanent buildings and structures constructed within this Zone, except as otherwise provided in paragraph 18.116.100.030.0308 (Special Intersection Landscape Treatment) and elsewhere in this chapter. .020 Minimum Required Building and Landscape Setbacks. Table 116-G provides specific setbacks for certain streets including major, primary, secondary roads and local streets. Such setbacks as indicated in Table 116-G shall be measured from the ultimate planned right-of-way as designated on the Circulation Element of the General Plan and as further described in Sections 4.0 (Public Facilities Plan) and 5.0 (Design Plan) of the Anaheim Resort Specific Plan document. TABLE 116-G MINIMUM SETBACKS: C-R DISTRICT Street Buildings up to 35 feet in height Buildings 35- 75 feet in height Buildings greater than 75 feet in height Special Provisions Acama Street 10 feet 20 feet 20 feet Adjacent to Interstate 5 Private property located immediately adjacent to the ultimate right- of-way line of Interstate 5 Freeway. 10 feet 10 feet 10 feet Freeway on private property located immediately adjacent to the ultimate right-of-way line of Interstate 5 Freeway. Alro Way 10 feet 20 feet 20 feet Ball Road 20 feet 20 feet 30 feet Casa Grande Avenue 20 feet 20 feet 20 feet Casa Vista Street 10 feet 20 feet 20 feet Cast Place 10 feet 20 feet 20 feet Chapman Avenue 20 feet 20 feet 30 feet Clementine Street 20 feet 20 feet 30 feet Convention Way 20 feet 20 feet 30 feet As measured from the right-of-way as shown in Exhibit 5.8.1s – Convention Way: Full Cross Street Section of the Specific Plan -37- TABLE 116-G MINIMUM SETBACKS: C-R DISTRICT Street Buildings up to 35 feet in height Buildings 35- 75 feet in height Buildings greater than 75 feet in height Special Provisions Disney Way 20 feet 20 feet 30 feet Disneyland Drive between Katella Avenue and Ball Road 19 feet 19 feet 19 feet Disneyland Drive, north of Ball Road 20 feet 20 feet 30 feet Gene Autry Way (Alignment shown on the Circulation Element of the City of Anaheim General Plan) 20 feet 20 feet 30 feet Harbor Boulevard between the Interstate-5 Freeway and Orangewood Avenue 26 feet 26 feet 26 feet Harbor Boulevard, north of I-5 Freeway and south of Orangewood Avenue 20 feet 20 feet 30 feet Haster Street/Anaheim Boulevard 20 feet 20 feet 30 feet Katella Avenue between Walnut Street and Interstate-5 Freeway and Orangewood Avenue 11 feet 11 feet 11 feet Mallul Drive 10 feet 20 feet 20 feet Manchester Avenue between Katella Avenue to the southern border of the Anaheim Resort Specific Plan. 20 feet 20 feet 20 feet Manchester Avenue (between Harbor Boulevard and Clementine Street) 20 feet 20 feet 30 feet Mountain View Avenue 10 feet 20 feet 20 feet Orangewood Avenue 20 feet 20 feet 30 feet Vermont Avenue 10 feet 20 feet 20 feet Walnut Street 30 feet 30 feet 30 feet -38- TABLE 116-G MINIMUM SETBACKS: C-R DISTRICT Street Buildings up to 35 feet in height Buildings 35- 75 feet in height Buildings greater than 75 feet in height Special Provisions West Place 10 feet 20 feet 20 feet West Street, south of Katella Avenue 20 feet 20 feet 30 feet Wilken Way 10 feet 20 feet 20 feet Zeyn Street 10 feet 20 feet 20 feet .030 Setbacks - Adjacent to Interstate-5 (Santa Ana Freeway). A minimum ten (10) foot wide fully landscaped area shall be provided on any private property located immediately adjacent to the ultimate right-of-way line of Interstate-5. .040.030 Setbacks - Interior. A minimum ten (10) foot wide fully landscaped setback shall be required within the area abutting any interior lot property lines; except that when an interior lot property line is within one hundred fifty (150) feet of any single-family or multiple-family residential zone (excepting a T Zone, which has a resolution of intent to a zone other than residential) or any property encompassed by the MHP Overlay, an open side yard setback area, with not less than twenty (20) feet of landscaping adjacent to the property line, equal to two (2) times the height of any proposed building or structure as measured to the highest point of the building, including any penthouse or other structure, shall be provided. Such setbacks shall be measured from the interior property line. Setbacks less than two (2) times the height of any proposed building or structure may be permitted subject to the approval of a conditional use permit as set forth in Table 116-C. .050.040 Permitted Encroachments into Required Yard and Setback Areas. Allowable encroachments into required setback areas are contained in Table 116-H. Buildings shall comply with the provisions provided herein. TABLE 116-H PERMITTED ENCROACHMENTS: C-R DISTRICT Encroachments Special Provisions Parking in Interior Lot Setbacks Where an interior lot property line abuts a single-family or multiple- family residential zone, the required setback area adjacent to such interior lot property line may be used as part of an automobile parking area provided that trees are planted and permanently maintained in compliance with the Design Plan adjacent to the residential zone property line on maximum fifteen (15) foot centers; and, further provided that such parking area does not encroach within the required twenty (20) foot landscape setback area as specified in Table 116-I of Section 18.116.100 (Screening, Walls, -39- TABLE 116-H PERMITTED ENCROACHMENTS: C-R DISTRICT Encroachments Special Provisions Fences, Landscaping and Lighting - Commercial Recreation (C-R) District (Development Area 1)). Decorative Elements Fountains, planters, and sculptures (not to exceed thirty-six (36) inches in height) and, decorative paving, walkways and ponds shall be permitted within the required front yard setback, provided they are an integral part of the landscaping plans and comply with the vehicular sight distance requirements. Signs Signs shall be permitted as provided in Section 18.116.160 (Sign Regulations) of this chapter. Flagpole A maximum of one (1) flagpole for the display of a maximum of three (3) flags shall be permitted within the required front yard setback provided said flagpole does not exceed fifty (50) feet in height and is set back a minimum of ten (10) feet from any property line abutting a public-right-of-way; and, further provided each flag displayed thereon has a size dimension not to exceed five (5) feet by nine (9) feet. All flags shall be kept in good repair. Fences and walls Fences and walls in compliance with Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting - Commercial Recreation (C-R) District (Development Area 1) may encroach into any required setback. Driveways and Walkways Entrance and exit driveways and walkways into buildings or parking areas, including driveways and walkways that provide reciprocal access between adjacent properties, shall be permitted subject to the approval of the City’s Traffic and Transportation Manager. Balconies, Awnings, Trellises and Architectural Projections A maximum three (3) foot encroachment into the required minimum building setback area adjacent to the ultimate public right-of-way shall be permitted for balconies, awnings, trellises, and architectural projections. Tree shrubs, flowers or plants Permitted in any required setback in compliance with Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting - Commercial Recreation (C-R) District (Development Area 1). Walkways Limited to walkways leading from parking areas and public sidewalks provided the walkway is integrated with the landscape design and does not significantly reduce the landscape area. Light fixtures Permitted in any required setback except within required minimum 20-foot wide interior landscape setback areas adjacent to residential uses and/or zones. Utility Elements and Associated Decorative Permitted to encroach into the required interior setback areas, provided such utility elements shall not exceed six (6) feet in height -40- TABLE 116-H PERMITTED ENCROACHMENTS: C-R DISTRICT Encroachments Special Provisions Screening Walls/Fences and shall not be visible when the site is viewed at any point measured six (6) feet above grade from any public right-of-way or adjacent property, and such associated walls or fences do not prohibit access to utility devices or facilities or block access or egress from any emergency exit or exit way. Utility elements, devices or facilities are prohibited from encroaching into the front setback area. 060..050 Vehicle Sight Distance to be Maintained. No landscape materials or other elements exceeding twenty-four (24) inches in height shall be permitted within the “Commercial Drive Approach” area as defined by engineering standards on file in the City. All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this chapter. 070..060 Parking in Required Setbacks Prohibited. Parking of privately owned and operated automobiles is not permitted within the required setbacks. (Ord. 6031 § 64 (part); August 22, 2006.) SECTION 19. That Section 18.116.100 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Screening. Table 116-I provides required site screening within the Specific Plan Area: TABLE 116-I REQUIRED SITE SCREENING: C-R DISTRICT Abutting Residential Zone or MHP Overlay Property Except as otherwise provided herein, a landscape buffer shall be provided along and immediately adjacent to the site property line abutting any residential zone boundary as set forth in Section 18.116.090 (Structural Setbacks - Commercial Recreation (C-R) District (Development Area 1). The buffer shall be landscaped, irrigated and maintained in compliance with the Design Plan. Eight (8) foot high masonry wall located at property line, and an adjacent twenty (20) foot wide permanently planted, irrigated and maintained landscaped area required. Said wall shall be with clinging vines whereby growth occurs on both sides of wall. The height of any such wall and/or berm shall be measured from the highest finished grade level of the subject or adjacent properties, whichever is the higher. Abutting Freeway Except as otherwise provided herein, a landscape buffer shall be provided along and immediately adjacent to the site property line abutting any freeway boundary as set forth in Section 18.116.090 (Structural Setbacks - Commercial Recreation (C-R) District (Development Area 1)). The buffer shall be landscaped, irrigated and maintained in compliance with the Design Plan. Minimum ten (10) foot wide landscape buffer required. Said buffer shall be -41- TABLE 116-I REQUIRED SITE SCREENING: C-R DISTRICT permanently planted, irrigated and maintained. Walls are not permitted to encroach within this required buffer. Automotive Related Uses Including service station auto working bays, truck loading docks, service entrances, rental car storage areas, storage of transit vehicles, and similar uses shall be screened so as not to be visible from adjacent public streets or adjacent properties. Parking Areas Where parking is visible from a public right-of-way, the parking shall be screened with a landscape area in compliance with the Design Plan. Said landscape area shall consist of the following: (1) Shrubs or bushes that can attain a minimum height of thirty-six (36) inches within two (2) years of installation. (2) Landscaped berms with a minimum height of thirty-six (36) inches (including the mature height of landscape planted thereon); or, (3) Decorative walls or fences upon which are planted clinging vines, and shall be landscaped, irrigated and maintained in compliance with the Design Plan this Chapter and the engineering standards on file in the City. Exception: Surface parking areas adjacent to Casa Grande Avenue shall be screened by an eight (8) foot high decorative masonry wall. Said wall shall not encroach into the required front yard setback area and shall be planted with either clinging vines and/or fast-growing shrubbery which will screen the wall surface within two (2) years of installation. Utility Equipment Utility equipment and communication devices shall be screened from public view so that such devices are not visible when the site is viewed at any point measured six (6) feet above grade from other public or private property. These devices may include, but are not limited to: dish-type and other antennae, cross connection devices, stand pipes, back flow assemblies, cable TV equipment, gas meters, ventilating fans, microwave and cellular transmitters, and electrical transformers. Utility equipment attached to walls shall be painted the same color as the wall. Roof-Mounted Equipment Roof-mounted equipment s Shall be painted the same color as the roof, Shall be screened from view of adjacent public rights-of-way and from adjacent properties at any point measured six (6) feet above grade, Shall be screened from nearby taller buildings with screening devices, Shall be screened on buildings two stories or less on all sides, including from above, Shall be integrated into and screened by the architectural design of the building, and -42- TABLE 116-I REQUIRED SITE SCREENING: C-R DISTRICT Shall be considered as part of the total building height. Equipment penthouses or screening components which are not an integral part of the architectural design of the building are prohibited. Refuse Container and/or Trash Compactor Enclosures Refuse container and/or trash compactor enclosures are required and shall be screened from public view and shall be designed, constructed, and maintained in compliance with the Maintenance Standard entitled “Refuse Container Enclosure for Multiple-Family Residential, Commercial and Industrial Use” on file in the Building Division of the Planning Department. Locate refuse collection areas in an accessible interior, side, or rear yard to the satisfaction of the City Maintenance Department. Screen refuse collection areas from public view with a solid wall (minimum six (6) feet, maximum eight (8) feet high) using materials and colors compatible with those of the adjacent buildings. Refuse container and/or trash compactor enclosures shall be constructed with a roof, and the exterior walls shall be landscaped and maintained with clinging vines or fast-growing shrubbery which will cover the exterior walls of the enclosure within two (2) years of installation to eliminate graffiti opportunities. Vacant Land Vacant land shall be screened from view from the public right-of-way by one of the screening methods set forth in the following sub-paragraphs (a) or (b) or the vacant land shall be planted with temporary landscaping or groundcover complete with temporary irrigation and maintained until such time as a valid grading or building permit has been issued for construction on the site and such work commences. Weed abatement shall be enforced at all times. Any temporary landscaping that is removed shall be replaced by permanent landscaping upon completion of construction for the portion of the site where construction has not occurred. This requirement shall be in addition to the landscaping requirements for the site as otherwise required by this chapter. Agricultural use for the purpose of growing field crops, trees, vegetables, fruits, berries or nursery stock is not subject to the screening requirements contained herein. (a) Land which is vacant for under one (1) year may be screened with a six (6) foot high chainlink fence adjacent to all public rights-of-way and adjacent properties with green scrim securely attached to the street side and adjacent property side of the chainlink fence. (b) Land which is vacant for over one (1) year may be screened by a chainlink fence and green scrim as required in .01 above; however, the fence shall be relocated so that a minimum three (3) foot high and minimum ten (10) foot wide berm, or a minimum three (3) foot high hedge screen located in a minimum three (3) foot wide landscape area shall be planted adjacent to the public right-of-way in front of the chainlink fence with scrim. Landscape on said berm or hedge screen shall be maintained in a healthy condition as described in subsection 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting - Commercial Recreation (C-R) District (Development Area 1), and shall conform to the Design Plan. -43- TABLE 116-I REQUIRED SITE SCREENING: C-R DISTRICT Service, Storage and Maintenance Areas and Loading Docks Screen all service, storage and maintenance areas and loading docks from public view from adjacent buildings, streets, freeways, sidewalks, and driveways. If these areas cannot be screened by adjacent structures, screen these areas with walls, berms, and landscaping. Screening walls shall be a minimum of six feet and a maximum of eight feet high. Construct architectural screening of the same materials and finishes compatible with the adjacent building and designed and placed to complement the building design. All screening walls shall be planted with clinging vines. Store materials, supplies or equipment inside an enclosed building to prevent visibility from neighboring property and streets. Service, storage, maintenance, parking, and loading areas are prohibited from extending into a required landscape area. .020 Walls and Fences. Walls and fences shall be planted with either clinging vines or fast-growing shrubbery which will screen the wall or fence surface within two (2) years of installation so as to eliminate graffiti opportunities. The maximum permitted wall or fence height shall not exceed eight (8) feet adjacent to commercially and/or residentially-zoned properties. The use of chain link fencing (with the exception of temporary chain link fences used to screen vacant land as set forth in Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting - Commercial Recreation (C-R) District (Development Area 1)), barbed wire and/or razor wire is prohibited. .0201 Retaining Wall Treatment. In instances where a retaining wall is required between adjoining properties, and where other walls are required on one or more of the adjoining properties, said walls shall be offset a minimum of two (2) feet between the retaining wall and the other required wall or walls; and, said walls shall be decorative and landscaped with clinging vines in compliance with the Design Plan. The two (2) foot offset area between the retaining wall and the other required wall or walls shall be landscaped, irrigated and maintained in compliance with the Design Plan. Where a slope exists, any required wall shall be erected at the property line with the slope itself, permanently planted, irrigated, and maintained. .0202 Within Front Yard Setback. Within any required front yard setback area, walls and/or fences shall be permitted to a maximum height of thirty-six (36) inches with the exception of walls and/or fences used as barriers to create enclosure for outdoor dining areas, which shall be permitted to a maximum height of forty-two (42) inches. All walls and/or fences within the vehicular line-of-sight area, as described in paragraph 18.116.090.060 (Vehicle Sight Distance to be Maintained), shall be a maximum of twenty-four (24) inches. Walls and/or fences shall be decorative and in compliance with the Design Plan. -44- .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. This includes, but is not limited to, the Design Plan’s Layered Landscape Design Criteria, Minimum Tree Density, and Plant Selection Matrix. 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; plants used within this area shall be selected from the Design Plan’s Plant Selection Matrix. .0302 Maintenance of Landscaping Required. Prepare and show on landscape plans, maintenance specifications describing the irrigation, pruning, weeding, fertilizer application and other pertinent maintenance criteria for all landscaped areas. 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.following: (1) Maintain all landscape materials, including trees, shrubs, ground covers and vines in a healthy condition at all times. (2) Remove overgrown, oversized, or hazardous plant materials when they cannot be pruned to a safe condition and threaten public health, safety or welfare. .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 specified 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 following: Design Plan. (1) Irrigate all permanently landscaped or required landscape areas with a permanent, underground irrigation system that is operated by an automatic irrigation con- troller. -45- (2) Irrigate turf areas with low gallon spray heads with a minimum six-inch pop-up body. (3) Use triangular spacing of spray heads in turf areas whenever feasible. (3) Irrigate shrub areas with low gallon spray heads. When appropriate, drip irrigation should be provided in shrub areas. (4) Irrigate individual shrubs with a pressure compensation bubbler with low flow characteristics. (5) Irrigate at night and early morning to reduce evaporation due to sun and wind. (6) Apply irrigation water in multiple short applications to reduce runoff on to areas not needing irrigation. (7) Ensure that irrigation water is not applied to walks, driveways, walls, fences and building faces. (8) Provide methods of retaining irrigation runoff water on site; it should not flow on to other property or the public right-of-way. (9) Provide approved backflow preventers on all systems. (10) Screen from public view all irrigation equipment including backflow preventers and controller boxes. (11) Install automatic valves in valve boxes, and use pop-up spray heads, whenever feasible. (12) Such The irrigation 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; driveways, and porte-cocheres shall not be considered as landscaped open space for the purposes of this requirement. .0308 Special Intersection Landscape Treatment. Special intersection landscape treatment is required for the following special intersection landscape areas, which are either entry points to The Anaheim Resort or major intersections within this area. The special intersection landscape area shall consist of a fifty foot triangular area, except for critical intersections where eight feet of additional landscape will be required. Property owners shall landscape this area with the same type of parkway trees as required on the -46- adjacent streets as shown in the Design Plan. All of these intersections are within the Central Core except for the Ball Road intersections. Implementation shall be concurrent with the construction of any building hereinafter erected in this Zone or the improvements of 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 Plan: .01 Ball Road and Disneyland Drive. .02 Deleted. Ball Road and West Place. .03 Harbor Boulevard and Orangewood Avenue. .04 Harbor Boulevard and Manchester Avenue .04.05 Katella Avenue and Haster Street/Anaheim Boulevard. .05.06 Katella Avenue and Disneyland Drive/West Street. .06 Manchester Avenue/Harbor Boulevard. .0309 Pedestrian Paving. Stamped concrete or unit pavers with deep, rounded joints, or score lines and joints that are wider than ¼-inch and turf block shall not be used for paved areas on private property intended for use by pedestrians, including areas to be used by both pedestrians and vehicles. Pedestrian pavements may include, but are not necessarily limited to: sidewalks, paths, walkways, courtyards, and plazas. .040 Exterior Lighting. Decorative lighting such as tree uplights, tree downlights, small lights in trees or on shrubs, outdoor string lights that outline building masses, and similar lighting effects are permitted and may be visible from the public right-of-way. All exterior lighting shall be in conformance with the Design Plan. conform with the following: .0401 Exterior lights should be predominantly incandescent or metal halide and have a "warm" color; high pressure sodium fixtures may be used where they are visible from the public right-of-way, but should be limited to areas which are not visually prominent; fluorescent, low pressure sodium, and mercury vapor fixtures shall not be visible from the public right-of-way. .0402 Illuminated areas shall be localized as much as possible; light fixtures which broadcast light over large areas, or are a source of glare are not permitted. .0403 Exterior building illumination shall be focused at the pedestrian level – storefronts, building entries, porte cochères, and other comparable locations. .0404 Night lighting effects, which illuminate entire buildings, or large portions of buildings will not be permitted where such buildings are prominently visible from adjacent public streets. -47- .0405 Except for small, bare-bulb and “twinkle” lights, all landscape light fixtures, including tree uplights, shall be concealed from view by burial in the ground or by locating them in landscaped areas. SECTION 20. That Section 18.116.110 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Maximum Development. The maximum development density permitted for the PR District is up to 2,158,363 square feet of convention center/meeting space; 100,000 square feet of outdoor programmable space; 2,500 hotel rooms; and, 180,000 square feet of commercial space. .020 Development Standards. Parcels encompassed by the PR District shall be subject to the standards and regulations of the “PR” (Public Recreational) Zone as set forth in Chapter 18.14 (Public and Special Purpose Zones) of the Anaheim Municipal Code. SECTION 21. That paragraph .0708 of subsection .070 of Section 18.116.125 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0708 Minimum Landscape and Recreational-Leisure Areas. In addition to the minimum landscape and open space required by Section 18.116.070.120.1207 18.116.100.030.0307, recreational-leisure area shall be provided equal to a minimum of ten (10) percent of the total area of the site. This recreational-leisure area may be provided in private areas, common areas, or a combination of both. SECTION 22. That Section 18.116.130 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .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. The following subsections apply to this area as follows: .0101 Subsections .020 and .040 below apply to the minimum required setback areas adjacent to the ultimate public right-of-way. .0102 Subsection .030 below applies to the area between the ultimate public right-of- way and the actual (constructed) building setback. .0103 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 -48- Boulevard/Katella Avenue Intersection Area" and depicted on Exhibit 5.3.4a (Central Core Plan). .0105 Subsection .080 applies to all properties within the Central Core. Other guidelines for development of uses within the Central Core are provided in the Design Plan. .020 Required Landscape Setback Area. The required landscape setback area within the Central Core shall comply with the following: .0201 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).; .03 The paved area includes cutout areas for trees (minimum of one tree per 200 square feet), planters, pots, colored or enriched paving, and other pedestrian- oriented amenities; .0202 Shrubs, decorative walls, and fences may be used as barriers within the Setback Realm to create enclosure for outdoor eating and pedestrian gathering areas, pro- vided that any barrier greater than 42 inches high shall be transparent. .0203 Areas that have a more intimate scale, such as those oriented towards pedestrians (outdoor eating areas, for example), may use smaller-scale trees and shrubs within the required landscape setback area. .030 Location of Parking Areas, Structures and Circulation. Parking and circulation for properties within the Central Core shall comply with the following: .0301 No parking areas shall be located between the ultimate public right-of-way and the actual (constructed) building setback. .0302 Parking structures shall be located in separate buildings at the rear portion of the site unless more than seventy-five percent (75%) of the parking structure building wall facing the street contains pedestrian oriented uses, which have openings to the adjacent Central Core street. .0303 Curb cuts separated by less than forty feet are prohibited. .040 Lighting. .0401 Exterior lights may be incandescent or metal halide. Fluorescent, low pressure sodium, high pressure sodium, and mercury vapor are prohibited in the front setback areas. -49- .0402 Decorative lighting with a festive "Tivoli Garden" character is permitted within the front setback areas. It may include: tree uplights, tree downlights, small lights in trees or on shrubs, outdoor string lights that outline building masses, and similar lighting effects. Visible light bulbs shall be incandescent, or shall have a warm lighting characteristic similar to incandescent fixtures. .0403 Lighting that illuminates building walls is not permitted. .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. Development of properties within this area shall comply with the landscape, hardscape and urban design elements described in Section 5 of The Anaheim Resort Public Realm Landscape Program. 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. .080 Site Planning. Properties within the Central Core shall comply with the following: .0801 Ground-floor uses, such as restaurants, retail stores and other similar types of businesses that attract pedestrians adjacent to the right-of-way, shall be provided adjacent to Central Core streets. .0802 Direct pedestrian access shall be provided to uses on the ground floor of buildings from the sidewalk adjacent to the street. Accessory uses for hotels may also provide entries and openings from inside the hotel building. .0803 Buildings shall be placed on parcels so that a minimum of 60% of the property frontage is occupied by building; if this is not possible, closely spaced vertical trees shall be planted at the building setback line in order to create a "green mass" which has the effect of enclosing the street in a manner similar to the effect of a building mass. .0804 New buildings added to existing development sites should be located adjacent to the setback line, and parking concealed from view; .0805 Uses likely to attract pedestrians, such as outdoor dining should be placed within the setback area along Harbor Boulevard. -50- .0806 Uses intended primarily to attract automobiles are prohibited, such as drive- through restaurants. .0807 Large, blank, undifferentiated building elevations and monolithic building masses that would be visible from the public right-of-way are prohibited. SECTION 23. That Section 18.116.140 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: All vehicle accessways and parking and loading areas shall comply with the provisions of Chapter 18.42 ( Parking and Loading) of this code, except as provided herein. .010 Location of Required Parking Spaces. All parking areas shall comply with the provisions of subsection 18.42.050 (Location of Parking); provided, however, that: .0101 Parking areas shall be permitted to encroach into required setback areas in compliance with the provisions of Section 18.116.090. (Structural Setbacks - Commercial Recreation (C-R) District (Development Area 1)). .0102 No parking is permitted between the ultimate right-of-way and the building setback line. .0103 Parking may be located between the front building setback line and the building face provided it is screened by a continuous hedge, wall or berm (or combination thereof) with a minimum height of 36 inches. .0104 Arrival and visitor drop-off areas may be located adjacent to the front building setback and are not subject to the screening required for parking areas, provided they present an attractive "front door" appearance as visible from the adjacent public right-of-way. .020 Layout and Design. Layout and design of parking areas and vehicle accessways shall comply with the requirements of Chapter 18.42 (Parking and Loading). .030 Hotel/Motel/Vacation Ownership Passenger Drop-Off Areas. All hotel/motels and vacation ownership resorts shall have a passenger drop-off area located on-site. Passenger drop- off areas (which may include a covered area or porte-cochere) shall be for the purpose of dropping off and picking up passengers and luggage, accommodating valet parking, pedestrian access and safety, and fire access while providing free flow of vehicles. Such areas shall not encroach into the required front yard setback, except as provided in Section 18.116.090 (Structural Setbacks - Commercial Recreation (C-R) District (Development Area 1)). .040 Parking Lot Plan Review. Parking lot plans, including parking facilities, shall be subject to review and approval by the Planning Department and the City Traffic and Transportation Manager during Final Site Plan Review and prior to issuance of building permits, and shall, at a minimum, incorporate all applicable Engineering Standards and shall contain the following information. -51- .0401 Dimensions for internal spacing, circulation and landscaped areas; .0402 Curbing, stall markings, signing and other traffic control devices; .0403 Location and height of lighting fixtures; .0404 Location, dimensions and accessibility of trash containers for refuse trucks; .0405 Location of fire hydrants and fire accessways; .0406 Location and height of perimeter walls; .0407 Tour bus and/or shuttle parking and loading; .0408 Grade elevations and ramps associated with parking facilities; .0409 Location of utility devices and other related above-ground features (i.e., utility poles); and .0410 Delivery truck parking/loading areas and bicycle racks. .050 Paving. All permanent off-street parking facilities, including access aisles and driveways, shall be permanently paved (not to include turf block). Such surfacing, as well as striping, signing, and directional markings, shall be maintained in good condition at all times. .060 Temporary parking. Temporary parking facilities shall be paved and screened with landscaping in accordance with Section 18.116.100 (Screening, Walls, Fences Landscaping and Lighting - Commercial Recreation (C-R) District (Development Area 1)) and shall be subject to the review and joint approval of the City Traffic and Transportation Manager and the City Manager. Such facilities shall be permitted for a period not to exceed one (1) year, but may be renewed for up to a total of five (5) years in one (1) year increments subject to the review and approval of the City Traffic and Transportation Manager. Permitted fencing shall be in accordance with the following: .0601 The location, height and color of fencing/walls for temporary parking facilities shall be approved in connection with the temporary parking lot plan. .0602 Permitted fence/wall materials include, but are not limited to, decorative wrought- iron, coated chain link and decorative masonry blocks. .0603 Scrim, in a color and design approved in connection with the temporary parking lot plan, shall be affixed to the exterior side of the chain link fencing facing the public right-of- way and adjacent properties. .0604 The maximum fence/wall height shall be twelve (12) feet; except that within a twenty (20) foot setback from an adjacent residential zone boundary or property within the Specific Plan Area encompassed by the MHP Overlay as shown on Exhibit 3.3.32a of the Specific Plan document entitled “Mobile Home Park (MHP)” Overlay Zone, the maximum -52- fence/wall height shall be eight (8) feet; and further provided that fence/wall heights greater than eight (8) feet shall not cause a shade/shadow impact on adjacent properties wherein outdoor active areas or structures that have windows that normally receive sunlight are covered by shadows for more than 50 percent (50%) of the sunlight hours. (Ord. 5769; May 1, 2001.) .070 Parking Markings and Separations. All parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with engineering standards on file with the City. Parking shall be separated from buildings, sidewalks, and plazas by landscaped areas having a minimum width of five (5) feet. A six-inch continuous raised curb shall be provided on all parking stalls (except parallel parking) heading into a sidewalk, planting area, or setback area. Parking shall be separated from any abutting property line by sideyard setback landscaping and, by a minimum six (6) inch curb, and. Parking shall be screened from view of public rights-of-way and adjacent properties in compliance with the Design PlanSection 18.16.100 (Screening Walls, Fences, Landscaping and Lighting, Commercial Recreation (C-R) District (Development Area 1). (Ord. 5998 § 74; October 25, 2005.) .080 Driveway Abandonment. When use of a driveway to a public street is abandoned or otherwise discontinued, the owner, upon receipt of notice from the Public Works-Engineering Department, shall remove all driveway pavement, curb and gutter; and, shall replace the curb, gutter and sidewalk, and landscape the area to match the adjacent landscaped areas. .090 Required Improvement of Parking Areas. All parking areas shall be improved in compliance with Section 18.42.090 (Parking Lot Improvements and Landscaping); provided further that all portions of vehicular parking lots not used for parking stalls or circulation shall be planted, irrigated and maintained in accordance with the standards listed below and the Design Plan. .0901 Minimum Number of Trees. Surface parking lots shall be landscaped and maintained with a minimum of one (1) twenty-four (24) inch box tree per each five (5) parking spaces, which trees shall be equally spaced. Trees shall have a spreading canopy that is sufficient to cover at least thirty percent (30%) of the parking surface with the tree canopy within five (5) years of installation. Tree wells shall be designed with decorative paving and/or landscaped with shrubs and/or ground cover. .0902 Size of Planters. There shall be an average of forty-eight (48) square feet of planter area provided for each tree required in the above subsection with a minimum dimension of five (5) feet, provided that the planter area for new trees planted in existing legal nonconforming parking lots may be reduced to a minimum dimension and design approved by the City Traffic and Transportation Manager. .0903 Minimum Width of Perimeter Landscaping. Parking structures shall have a landscaped area with a minimum width of ten (10) feet provided along the peripheral edges of the parking structure. Such areas shall be landscaped and maintained with a combination of shrubs, ground cover and trees. Adjacent to any parking structure, trees shall be provided and maintained consisting of at least one (1) twenty-four (24) inch box tree for each ten (10) linear feet of parking facility perimeter. Such trees may be either grouped informally or formally. -53- .0904 Tree Branches. Tree branches shall be trimmed to ensure that the lowest tree branches are more than six (6) feet above the finish grade at the base of the tree to prevent damage from automobiles. .100 Conformance with the Design Plan. Tree, shrub and ground cover selection and planting design shall conform with the Design Plan. .110 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways shall comply with the requirements of Sections 18.42.060 (Parking Dimensions and Access) and 18.42.070 (Parking Lot Design), and engineering standards on file with the City, except as follows: .1101. Maximum Curb Openings per Street Frontage. The maximum number of curb openings per street frontage shall not exceed the following standards: .01 Parcel width three hundred (300) feet or less: One (1). .02 Parcel width over three hundred (300) feet: Two (2). .03 One (1) additional curb opening may be allowed if it is used as legal access to one (1) or more adjacent parcels. .1102 Driveway Separation and Spacing. There shall be a minimum distance of thirty- six (36) feet between driveways (nearest driveway edge to nearest driveway edge) serving the same parcel, and a minimum distance of forty (40) feet between driveways (nearest driveway edge to nearest driveway edge) serving adjacent parcels. .1103 Driveway Width Dimensions. Driveways shall be a minimum of twenty-four (24) feet wide, and a maximum of thirty-five (35) feet wide, with wider widths subject to the approval of the City’s Traffic and Transportation Manager based on sound engineering practices. .1104 Curb Return. The curb cut shall provide a minimum radius curb return and sight distance clearance in accordance with engineering standards on file with the City, or as otherwise approved by the City’s Traffic and Transportation Manager based on sound engineering practices. .1105 Entry Drive Dimension. A The following minimum entry driveway (throat) of forty (40) feet length shall be provided as indicated below, measured from the nearest point of the ultimate street right-of-way line to the nearest point of the on-site parking area or on-site vehicular accessway to said parking area. Parking shall be designed so as to preclude a car from backing out of a stall and into the forty (40) foot entry driveway in accordance with engineering standards on file with the City. .01 A forty (40) foot-long driveway is required to serve sixty (60) or fewer parking spaces; .02 A sixty (60) foot-long driveway is required to serve sixty-one to one hundred twenty (61-120) parking spaces; and, -54- .03 An one hundred (100) foot long driveway is required to serve greater than one hundred twenty (120) parking spaces. .120 Minimum Parking Requirements. The minimum number, type and design of off-street parking spaces shall comply with the requirements of Section 18.42.040 (Non-Residential Parking Requirements). .130 Truck Loading. Truck loading facilities shall comply with the requirements of Section 18.42.100 (Loading Requirements) and engineering standards on file with the City. A minimum of one (1) truck dock or truck loading area shall be provided for each hotel or motel. (Ord. 5998 § 76; October 25, 2005.) .140 Bus Parking Areas. Hotels/motels shall provide space for on-site bus parking subject to the approval of the City's Traffic and Transportation Manager and the Planning Department in accordance with the latest Orange County Transportation Authority (OCTA) Bus Facilities Handbook Guidelines, or as otherwise approved by the City’s Traffic and Transportation Manager based on sound engineering practice. (Ord. 5453 § 1 (part); September 27, 1994: Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 64 (part); August 22, 2006.) .150 Parking Structures. Parking structures shall comply with the following requirements: .1501 Parking structures shall have a landscaped area with a minimum width of ten (10) feet provided along the peripheral edges of the parking structure. Such areas shall be landscaped and maintained with a combination of shrubs, ground cover and trees. Adjacent to any parking structure, trees shall be provided and maintained consisting of at least one (1) twenty-four (24) inch box tree for each ten (10) linear feet of parking facility perimeter. Such trees may be either grouped informally or formally. .1502 Vehicles parked in parking structures shall be concealed from view through a combination of visual barriers, planting, or other means; open sided facilities that allow complete views of parked vehicles are not permitted. .1503 The elevations of parking facilities visible from public streets shall be articulated; such articulation may consist of indentations in the structure, changes in color, addition of applied elements to the surface of the facility, or other devices, including the provision of a landscape buffer with a minimum width of ten (10) feet. .1504 Parking structures shall be constructed of masonry materials that are predominantly light in color. .1505 Pedestrian and vehicular entrances shall be clearly identified and easily accessible to minimize pedestrian/vehicle conflict. SECTION 24. That subsection .030 of Section 18.116.150 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: -55- .030 Required Zoning. Vacation ownership resorts and conversions to vacation ownership resorts shall be permitted in the Anaheim Resort Specific Plan Zone, excluding property encompassed by the Mobile Home Park (MHP) Overlay as identified on Exhibit 3.3.2a3, (Mobile Home Park (MHP) Overlay Zone) of the Anaheim Resort Specific Plan Document, subject to obtaining a Conditional Use Permit and the requirements of Section 18.116.150.050 (Development Standards). The conversion of vacation ownership resorts to residential condominium use is prohibited. SECTION 25. That subsection .010 of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Definitions Pertaining to Signs. For the purpose of this chapter, the following abbreviations, terms, phrases and words shall be construed as specified below: .0101 “Animated Sign.” Any sign that uses movement or change of lighting to depict or simulate movement, action or to otherwise create a special effect or scene. .0102 “Area of Sign.” The area of a sign shall include the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, logo, figure or character. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area constituting the advertising message within the smallest polygon required to enclose all typographic/graphic elements, in compliance with the Design Plan. .0103 “Area of Sign Face.” Refers to the permitted sign copy area as shown on the Anaheim Resort Sign Standard Details on file in the Planning Department. .0104 “Beacon.” Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same parcel as the light source; also, any light with one or more beams that rotate or move. .0105 “Business Information Sign.” Any informational sign (not a project identification sign) on the project premises that relates to the principal business or use of the premises upon which the sign is erected. This sign type may include signs which direct attention to a business commodity, service, or other activity which is sold, offered, or conducted on the premises upon which the sign is located, or to which it is affixed. .0106 “Can-Type Sign.” A box-shaped sign which has copy on the outside of its surface and is internally illuminated. .0107 “Canopy Sign.” Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee sign as defined herein is not a canopy sign. .0108 “Cornice.” Any prominent, continuous horizontally projecting feature extending from a wall or other structure. -56- .0109 “Emitting Sign.” Any sign that releases smoke, steam, water, bubbles or other solids, liquids or gases as a device for advertising. .0110 “Entrance/Exit Sign.” A sign located at a driveway entrance displaying a directional symbol and/or directional copy and which may include the name and/or symbol/logo of the business. .0111 “Exposed Neon Sign.” A sign where the neon or argon/mercury illuminated glass tubing is visible and not shielded from view by any material or sign structure. .0112 “Flag.” Any fabric attached to a flagpole and complying with Section 18.116.070 (Uses - Commercial Recreation (C-R) District (Development Area 1) and containing distinctive colors, patterns, or symbols, and used as a symbol of a government or other entity. .0113 “Informational, Regulatory and Directional Sign System (IRD Sign System).” Any group of signs that are intentionally designed to be a unified family of signs through a consistent use of color, typography, graphics, design detailing and structural detailing. .0114 “Landscape Sign.” An arrangement of any plant type (flowers, shrubs, etc.), which spells out words or resembles a symbol or a figure. .0115 “Magnetic Sign.” A sign which is magnetically attached to a surface. .0116 “Noncommercial Message Sign.” A sign displaying political or social (public information) messages. .0117 “On-Site Directional Guidance Sign.” Any sign located on-site and not visible from the public right-of-way, giving direction for on-site pedestrian or vehicular circulation. .0118 “On-Site Directory Sign.” Any on -site sign exhibiting the names and locations of on-site uses and/or facilities, and intended to facilitate the movement of patrons or visitors throughout the site. The sign may display a site map. .0119 “Open Pan Channel Letters With Interior Neon Illumination.” Individual channel letters formed as a sign can structure with neon tubing molded to fit the interior wall of the sign can and fitted with a clear transparent face panel allowing the halo from the neon tubing to be visible through the transparent face panel. .0120 “Outdoor Advertising.” Advertising on any board, fence, sign device, structure or building, or the placing thereon of any poster, bill, printing, painting, device or any advertising matter of any kind whatsoever; and the pasting, posting, printing, painting, nailing or tacking or otherwise fastening of any handbill, card, banner, sign, poster, advertisement or notice of any kind upon any property or place. Said term shall not include any signs or notices posted or displayed by any public officer in the performance of a public duty or a private person in giving a legal notice. .0121 “Parapet Sign.” A sign attached to a vertical wall extending from and above the actual roof line and intended to visually heighten the building. -57- .0122 “Pole Sign.” A sign which is affixed to one or more poles attached to the ground and which is constructed in a manner which does not fully obstruct the view of the area between the sign and the ground. .0123 “Readerboard.” See Section 18.44.030 (Definitions) “Marquee.” .0124.0123 “Raceway.” A metal box containing wiring, transformers and housings for a sign. .0125 “Real Estate Sign.” Any sign and sign structure of a temporary nature relating to the sale, lease or other disposition of real property. .0126.0124 “Restaurant Menu Board.” An illuminated or non-illuminated glass case which is used to display a restaurant menu. Said case may be built-in, visible through a window or affixed to the exterior building wall and shall be located immediately adjacent to the main entrance to the restaurant. .0127.0125 “Reverse Pan Channel Letters with Neon Halo Illumination.” Individual letters formed as a sign can structure where the front surface is opaque and the back is open. Neon tubing is molded to fit the form of the can structure and is placed inside the can structure. The light from the neon shines out the opening in the back of the letter and reflects off the surface of the building or structure where the letter is mounted. At night, this reflection appears to be a halo around the opaque letterform. .0128.0126 “Storefront.” A wall of a business containing display windows and a public entry. .0129.0127 “Structure.” The supports, uprights, bracing, guy rods, cables and framework of a sign or outdoor advertising display. .0130.0128 “Typeface.” The general form, structure, style, or character common to all elements comprising an alphabet. .0131.0129 “Window Identification Sign.” Any sign bearing only the name and/or logo and/or address of the business occupying the premises; and, consisting of letters and/or numbers permanently affixed to the window, and made of gold leaf, paint, stencil, or other such material. .0132 “Window Sign.” Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass of a building and which is visible from the exterior side of the window, excluding any window identification sign. SECTION 26. That paragraph .0212 of subsection .020 of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: -58- .0212 Address Identification. Identify the address of each building and each tenant with an exterior public entrance in six-inch (6”) high numbers, a maximum of three (3) feet above the main entry doorway or within three (3) feet from either side of the main entry. SECTION 27. That subsection .030 of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Permitted, Conditionally Permitted and Prohibited Signs. Table 116-J contains permitted and prohibited sign types. It also includes sign types permitted subject to the approval of a Conditional Use Permit pursuant to and in accordance with the applicable provisions of Chapters 18.60 (Procedures), 18.66 (Conditional Use Permits) and this chapter. This section is not intended to conditionally allow signs prohibited by this chapter or to change the standards contained herein, but is intended to provide a mechanism to address special circumstances. Business and identification signs shall comply with the Design Plan and shall consist of permanent non-changeable copy except as provided for changeable copy signs as set forth in Table 116-K. SECTION 28. That Table 116-K of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: TABLE 116-K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS P Permitted by Right C Conditional Use Permit N Prohibited Sign Type C-R District Special Provisions A-frame or “sandwich board” signs N Animated signs N Attachments or “riders” to signs N Automotive Service Station Signs C Subject to Table 116-K of Section 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: -59- TABLE 116-K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS P Permitted by Right C Conditional Use Permit N Prohibited Sign Type C-R District Special 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 ResortTM” logo located on the canopy/awning in a size and location approved by the Planning Director. Beacon lights or beacon signs, when the intent of such signs is advertising and not entertainment, which shall not have adverse glare on adjoining properties. N Billboards N Business information signs N Can-type signs which incorporate translucent copy and translucent background. N 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: -60- TABLE 116-K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS P Permitted by Right C Conditional Use Permit N Prohibited Sign Type C-R District Special Provisions (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 Today,” “Stop,” “Look,” “Going out of Business,” etc.). N “Closed and Open” Signs P Subject to Table 116-O of this Section. Emitting signs N Exposed neon signs. N Flashing or traveling light signs. N Fluorescent colors on signs except for colors on company symbols. N -61- TABLE 116-K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS P Permitted by Right C Conditional Use Permit N Prohibited Sign Type C-R District Special Provisions 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. Inflatable advertising display N Informational, Regulatory and Directional (IRD) signs NOT visible from the Public Right- of-Way. P Subject to Table 116-R of Section 18.116.160.050.0405 (Informational, Regulatory and Directional (IRD) signs NOT visible from the Public Right-of-Way). Informational, Regulatory and Directional (IRD) signs VISIBLE from the Public Right-of-Way P Subject to Section 18.116.050.0508 (Informational, Regulatory and Directional (IRD) signs VISIBLE from the Public Right-of-Way). Landscape signs. N Magnetic signs. N Off-premises or off-site directional signs. N On-site directional guidance and on-site directory signs which are not part of a coordinated architectural, informational, directional and regulatory sign system. N Paper, cloth and plastic streamer signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Section 18.44.170 (Temporary Signs –Special Event Permit). N 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). -62- TABLE 116-K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS P Permitted by Right C Conditional Use Permit N Prohibited Sign Type C-R District Special Provisions Pennants or pennant-type banners except as otherwise permitted pursuant to Section 18.44.170 (Temporary Signs – Special Event Permit). N Where visible from a public right-of-way and/or adjacent property, except as otherwise 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., soft drinks, cigarettes, etc.). N 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 -63- TABLE 116-K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS P Permitted by Right C Conditional Use Permit N Prohibited Sign Type C-R District Special Provisions (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 control signs or signs so similar as to be confusing or hazardous to traffic. N 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 landscaping N -64- TABLE 116-K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS P Permitted by Right C Conditional Use Permit N Prohibited Sign Type C-R District Special Provisions Signs neither otherwise expressly permitted nor otherwise expressly prohibited in this Zone. C Signs projecting over or into the public right-of-way except as otherwise expressly permitted herein. N Statues utilized for advertising purposes. N Temporary signs except as otherwise expressly permitted herein. N Vehicle entrance or exit signs 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.” N Vehicle signs (signs mounted or displayed on a vehicle for advertising purposes) or the parking or storing of advertising vehicles on public or private property. N 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: -65- TABLE 116-K PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED SIGNS P Permitted by Right C Conditional Use Permit N Prohibited Sign Type C-R District Special Provisions (a) A maximum sign area of ten 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; and (e) Only one (1) sign per glass window panel, two maximum per business. Window Signs N Including neon signs and plaques of signs suspended behind the glass and signs painted on display windows with day-glo, or temporary paint (other than permitted window identification signs as defined above (Window Identification Sign)). SECTION 29. That Table 116-L of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: TABLE 116-L AUTOMOTIVE SERVICE STATION SIGNS Sign Type Provisions Business Identification Freestanding Monument Sign (a) The sign design and materials shall be subject to Planning Standard Detail No. 7. (b) Information on the sign shall include only the company symbol or logo, company name, special services (such as car wash) and pricing information. -66- TABLE 116-L AUTOMOTIVE SERVICE STATION SIGNS Sign Type Provisions (c) If the automotive service station is located on a corner lot, either one of the following shall be permitted: one (1) double-faced freestanding monument sign located at the corner or one (1) double-faced freestanding monument sign per street frontage with each sign located at least seventy-five (75) feet from any intersection. (d) If the automotive service station is not located upon a corner lot, one (1) double-faced freestanding monument sign shall be permitted, located in the approximate middle forty (40) percent of the street frontage of said lot. (e) Pricing signs shall conform to the provisions of Division 5, Chapter 14, Article 12, Code Sections 13530-13540, of the Business and Professions Code of the State of California, or any successor provisions thereto. The height of any pricing numbers shall be a minimum of six (6) inches and a maximum of ten (10) inches provided the height is less than the height of the company name and shall be either manually or electronically changeable. (f) Said signs shall be illuminated internally; however, the permanent background portion shall be opaque, with only the message portion being illuminated. (g) Said signs shall be constructed of materials Canopy, Wall, and Parapet Signs (a) Signs shall consist of individually fabricated letters and/or company symbol or logo. (b) Lighted signs may be internally illuminated only. (c) All signs shall be attached to the building or pump island canopy face without the use of visible supports or raceways. (d) Letter height shall be a maximum of eighteen (18) inches. Company symbol or logo height shall be a maximum of twenty- four (24) inches. (e) Signs shall be limited to one (1) exposure for each direction of traffic flow, up to a maximum of four (4) exposures. Lighter Box Gasoline Service Station Signs Lighter box gasoline services station signs, as defined in subsection 18.116.160.010 Section 18.44.030 (Definitions), shall be permitted in service stations; provided, that said signs (a) Shall only be internally illuminated; -67- TABLE 116-L AUTOMOTIVE SERVICE STATION SIGNS Sign Type Provisions (b) Shall be either single-faced or double-faced; (c) Advertising thereon shall be limited to the company name or company symbol or logo. (d) Such signs have dimensions not exceeding four (4) feet in height and the span of the working area or thirteen (13) feet, whichever is less. (e) Said name or logo shall not exceed twenty (20) percent of the total area of each face of said sign. Pump Top and Pump Face Signs No signs other than instructional or operational signs (e.g., “Self Service,” “Pay Cashier First”) shall be permitted on the pump top or pump island canopy, unless they are part of an overall, designed corporate identity program for signage. SECTION 30. That Table 116-O of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: TABLE 116-O INFORMATIONAL, REGULATORY AND DIRECTIONAL SIGNS Sign Requirement Signs Visible from the Public Right- of-Way Signs Not Visible from the Public Right-of-Way Maximum Sign Area Per Face Eight (8) square feet Not applicable Sign Copy Limitations Be designed as a coordinated architectural, information, directional and regulatory sign system for the project with consistent design detailing and color scheme. Be designed to direct pedestrians and/or vehicular traffic while said traffic is on the parcel on which said signage is located. Limited to the directional symbol or directional copy and may include the business name and/or logo. Be designed as a coordinated, architectural, informational, directional and regulatory sign system for the project with consistent design detailing and color scheme. -68- TABLE 116-O INFORMATIONAL, REGULATORY AND DIRECTIONAL SIGNS Sign Requirement Signs Visible from the Public Right- of-Way Signs Not Visible from the Public Right-of-Way If a company symbol or logo is part of the sign copy, it may occupy up to a maximum of twenty-five percent (25%) of the sign area. If a company symbol or logo is part of the sign copy, it may occupy up to a maximum of fifty percent (50%) of the sign copy area. Maximum Height As required by local, state or national code. As required by state or national code. Illumination Sign cabinets with letters/symbols routed from opaque background with internally illuminated copy. Not applicable Other Limitations No more than two (2) directional (entrance/exit) signs per driveway. Signs shall be located outside any required setback area. May be designed per Planning Standard Detail No. 8. May be designed per Planning Standard Detail No. 8. On-site directional (entrance/exit) signs located within the setback area adjacent to a public street shall comply with the minimum setback requirements for monument signs and shall comply with vehicular line- of- site requirements; all other on- site directional, informational or regulatory signs visible from the public right-of-way shall not be located within the setback area adjacent to a public street. SECTION 31. That Table 116-Q of Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: TABLE 116-Q FREESTANDING MONUMENT SIGNS Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft. Maximum Sign Area Per Sign Face None See Planning Standard Detail Nos. 5, 6 and 7 on file in the Planning Department. -69- TABLE 116-Q FREESTANDING MONUMENT SIGNS Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft. Maximum Number of Signs Per Lot None One (1) per street frontage. (A) One (1) per six hundred and sixty (660) feet of street frontage. (B) Minimum Setback From Public Right-of- Way Not Applicable Two (2) feet Except adjacent to Harbor Boulevard between Orangewood Avenue and Interstate-5 Freeway and adjacent to Katella Avenue between Walnut Street and Interstate-5 Freeway where it shall be zero (0) feet. Maximum Height to Top (C) Not Applicable Nine (9) feet oriented on a horizontal format. Eleven and one half (11.5) feet oriented on a vertical format. Sign Copy Not Applicable Name and/or logo of the development and/or name and/or logo of up to three (3) tenants/accessory uses. (D) Total area for sign copy shall not exceed seventy-five percent (75%) of total sign face and shall not be closer than ten (10) inches to any edge. Illumination Not Applicable Illumination Limitations No bare bulbs, exposed neon, animated or flashing signs. Allowable illumination Letters/symbols routed from painted opaque background with internally illuminated push-through copy. Ground mounted spotlights screed from public view by landscaping. Other Limitations (E) Not Applicable All signs to be mounted on the standard Anaheim Resort sign base which is not included in the area calculation of the sign. Standard sign base shall be precast colored concrete as specified in the Anaheim Resort Identity Program. An Anaheim Resort logo shall appear on three sides of each column on the standard sign base. Signs shall identify development address in the location specified on sign details on file in the Planning Department, using the typeface consistent with the identity sign elements for the street address. All signs except corner locations shall be located in the middle 40% of the -70- TABLE 116-Q FREESTANDING MONUMENT SIGNS Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft. street frontage. For corner locations signs may be located at the corner. Any attachments or “riders” to signs shall be prohibited. All signs shall be placed perpendicular to the street. For Hotels/Motels, affiliation and vacancy information signs shall be in the location designated on the standard base diagram. SECTION 32. That a new subsection .090 shall be added to Section 18.116.160 of Chapter 18.116 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .090 Sign Materials. All signs, with the exception of Canopy and Window Signs shall be constructed as follows: .0901 Construct street number and main identity sign boxes of fiberglass or aluminum materials. All other materials, including wood and steel are not allowed. .0902 The sign face shall read as a single surface with sign copy applied by silk screening or push through acrylic flush to the surface. .0903 Fiberglass signs shall be constructed of fiberglass reinforced plastic with a smooth surface prior to painting. Coloring integral to the fiberglass material is also acceptable. .0904 Aluminum signs shall be of an appropriate thickness to avoid oil canning or buckling. A 1/8 inch minimum thickness is required. All seams shall be filled and ground smooth. There shall be no visible fasteners and all edges shall be eased. .0905 All surfaces shall be thoroughly prepared and appropriately primed and painted conforming to industry standards to prevent oxidation, pitting or rust. .0906 Identification of sign fabricator credits shall be hidden from public view. .0907 Construct signs of permanent exterior sign materials. SECTION 33. That, except as expressly amended herein, Ordinance No. 5453, as previously amended, shall remain in full force and effect. -71- SECTION 34. 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. SECTION 35. 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 36. 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 ______ day of ____________, 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the ______ day of ____________, 2013, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: _______________________________ ___ CITY CLERK OF THE CITY OF ANAHEIM [DRAFT] ATTACHMENT NO. 8 -1- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 5454, AS PREVIOUSLY AMENDED (MISCELLANEOUS CASE NO. 2010-00484) (DEV2010-00044) 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 (“ARSP No. 92-2” or “Anaheim Resort Specific Plan”) by the addition of Chapter 18.48 to said Code; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to ARSP 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 ARSP No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the ARSP 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 Anaheim City 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 ARSP 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. 5964 amending Ordinance Nos. 5454 relating to Amendment No. 3 to ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating a 0.73-acre parcel into the ARSP No. 92-2 Zone; and WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the ARSP 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 ARSP Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the ARSP No. 92-2, which adjustment amended the Zoning and -2- 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 ARSP 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. 5920, amending Title 18 of the Anaheim Municipal Code in its entirety. Said amendment included Amendment No. 4 to the ARSP No. 92-2, which renumbered the codification of the Zoning Development Standards set forth in Chapter 18.48 to Chapter 18.116 and made modifications to said chapter intended to streamline the project review process; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5454 relating to Amendment No. 5 to the ARSP No. 92-2, which amendment revised the legal description and boundaries of the ARSP by reclassifying and incorporating 27 acres into the ARSP 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 ARSP 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 August 22, 2006, the City Council adopted Ordinance No. 6031, amending Ordinance No. 5453, relating to Adjustment No. 5 to the ARSP No. 92-2, which amended the Zoning Development Standards in its entirety to provide consistent formatting with Title 18 of the Anaheim Municipal Code along with minor modifications and clarifications; and WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standards pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay 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 modifications to the Zoning and Development Standards, previously approved by Amendment No. 8 to the ARSP No. 92-2; and -3- WHEREAS, on February 20, 2008, Anaheim City 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 redesignate 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, on April 14, 2009, City Council adopted Ordinance No. 6141 amending Ordinance No. 5453 relating to Amendment No. 13 to the ARSP No. 92-2 to create a new density category for the Commercial Recreation (C-R) District, called “Low Medium Density (Modified), modified Central Core and Special Intersection Landscape Treatment to allow special landscape and hardscape treatments at the corner of Harbor Boulevard and Katella Avenue; modified the sign code to allow a greater number and larger signs than currently permitted for hotels and accessory retail; allowed changeable copy signs for hotels when not visible from any public right-of-way, murals, and building integrated multi-tenant signs subject to approval of a conditional use permit; and WHEREAS, on June 5, 2012, City Council adopted Ordinance No. 6245 amending Ordinance No. 5453 relating to Adjustment No. 6 to the ARSP No. 92-2 to modify Code references and terminology for Restaurants with Outdoor Dining, Restaurants with Accessory Entertainment, Dance Venues, Massage Establishments, Amusement Devices, Amusement Arcades and Health Clubs to be consistent with Chapters 18.16 (Regulatory Permits) and 18.92 (Definitions) of Title 18 (Zoning Code); and, WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan and The Anaheim Resort Identity and Public Realm Landscape Programs, City Council certified Master Environmental Impact Report No. 313 (“MEIR No. 313”). Since being certified in 1994, two validation reports have been prepared (1999 and 2004) to evaluate the continued relevance and accuracy of MEIR No. 313; and WHEREAS, in June 2008, City Council approved a contract with BonTerra Consulting to prepare Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) to reevaluate all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan area since its adoption in 1994. In August 2008, the City Council -4- authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a development project at the Anaheim Convention Center. In order to analyze the environmental impacts of this development project, in October 2008, City Council approved an amendment to the agreement with BonTerra Consulting to include this development project into the analysis for EIR No. 2008-00340; and, WHEREAS, the Proposed Project identified as Amendment No. 14 to the Anaheim Resort Specific Plan, would allow the maximum build-out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space. Additionally, the Proposed Project would amend the following documents that govern and regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan, Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No. 5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. These amendments are intended to streamline development standards, guidelines and requirements to reduce redundancy within and between these documents; and, update the documents to reflect current conditions within The Anaheim Resort. The proposed amendments do not change the types of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the associated development standards; and, WHEREAS, this amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484) is proposed in conjunction with General Plan Amendment No. 2010-00482, Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010- 00060), Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478), Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479), Zoning Code Amendment No. 2010-00093, and a Water Supply Assessment (Miscellaneous Case No. 2010-00421); and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on November 5, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed project actions, including Miscellaneous Case No. 2010-00484, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim City Planning Commission, on November 5, 2012, recommended to the City Council that it adopt an ordinance approving said proposed amendment; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines, based upon its independent review and analyses of Draft Supplemental Environmental Impact Report No. 2008-00340 (EIR No. 2008-00340) prepared in connection with the Amendment No. 14 to the Anaheim Resort Specific Plan Project, and the requirements of California Environmental Quality Act ("CEQA"), that EIR No. 2008-00340 is adequate to serve as the required environmental documentation for Miscellaneous Case No. -5- 2010-00484 and satisfies all the requirements of CEQA, and the State CEQA Guidelines, and that no further environmental documentation need be prepared for the proposed amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That, Conditions of Approval for Ordinance No. 5454, as amended, shall be deleted, in that these conditions have been incorporated into Mitigation Monitoring Program No. 85C adopted in conjunction with the certification of EIR No. 2008-00340. Environmental Impact Report No. 2008-00340 includes analysis of the probable impacts related to the Amendment No. 14 to the Anaheim Resort Specific Plan project and provides mitigation measures, where applicable, to reduce these impacts. This mitigation includes conditions of approval from Ordinance No. 5454, mitigation measures from MEIR No. 313 and new mitigation measures intended to reduce new impacts or impacts not previously addressed, such as greenhouse gas emissions. In addition, staff has reviewed and modified the conditions of approval from Ordinance No. 5454 and the mitigation measures from MEIR No. 313 to reduce redundancy and update the conditions and measures to reflect current development requirements and procedures. SECTION 33. That, except as expressly amended herein, Ordinance No. 5454, as previously amended, shall remain in full force and effect. SECTION 34. 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. SECTION 35. 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 36. 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 -6- 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 ______ day of ____________, 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the ______ day of ____________, 2013, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: _______________________________ ___ CITY CLERK OF THE CITY OF ANAHEIM ATTACHMENT NO. 9 DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008-00340 Draft Supplemental Environmental Impact Report No. 2008-00340 (Draft SEIR) was made available for a 45-day public review period from September 14, 2012 through October 29, 2012. Copies of the Draft SEIR were made available for public review at the City of Anaheim Planning Department and at the Anaheim Central Library. The Draft SEIR was also made available for download via the City’s website at http://www.anaheim.net/article.asp?id=1851. ATTACHMENT NO. 10 COMMENTS RECEIVED ON DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008-00340 Draft Supplemental Environmental Impact Report No. 2008-00340 was made available for a 45- day public review period from September 14, 2012 through October 29, 2012. The Notice of Availability (NOA), which also included noticing for the Planning Commission public hearing and a tentative date for the City Council public hearing, was sent to a list of interested persons, agencies and organizations, as well as property owners in the ARSP area and within a 300-foot radius of the ARSP area. The Notice of Completion (NOC) was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk-Recorder’s office on September 14, 2012. Copies of Draft Supplemental Environmental Impact Report No. 2008-00340 were made available for public review at the City of Anaheim Planning Department and at the Anaheim Central Library. Draft Supplemental Environmental Impact Report No. 2008-00340 was also made available for download via the City’s website at http://www.anaheim.net/article.asp?id=1851. During the public review period, the City received the attached comments from seven agencies and interested parties. These comments and associated responses will be documented in the Final EIR, along with the project’s Mitigation Monitoring Program and any document modifications that may be needed. The Final EIR, including written responses to all written comments received, will be released to the public at least ten days prior to the City Council’s review of the EIR, which is tentatively scheduled for December 18, 2012. STATE OF CALIFORNIA Edmund G. Brown Jr., Governor PUBLIC UTILITIES COMMISSION 320 WEST 4TH STREET, SUITE 500 LOS ANGELES, CA 90013 October 12, 2012 Susan Kim City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Dear Ms. Kim: Re: SCH #1991091062 Anaheim Resort Specific Plan The California Public Utilities Commission (Commission) has jurisdiction over the safety of highway- rail crossings (crossings) in California. The California Public Util ities Code requires Commission approval for the construction or alteration of crossings and grants the Commission exclusive power on the design, alteration, and closure of crossings in California. The Commission Rail Crossings Engineering Section (RCES) is in receipt of the Draft Environmental Impact Report (DEIR) from the State Clearinghouse for the proposed Anaheim Resort Specific Plan project. RCES recommends that the City of Anaheim add language to the Anaheim Resort Specific Plan so that any future development adjacent to or near the shared railroad/light rail right -of-way is planned with the safety of the rail corridor in mind. New developments may increase traffic volumes not only on streets and at intersections, but also at at-grade highway-rail crossings. This includes considering pedestrian circulation patterns/destinations with respect to railroad right-of-way and compliance with the Americans with Disabilities Act. Mitigation measures to consider include, but are not limited to, the planning for grade separations for major thoroughfares, improvements to existing at-grade highway-rail crossings due to increase in traffic volumes and continuous vandal resistant fencing or other appropriate barriers to limit the access of trespassers onto the railroad right -of-way. If you have any questions, please contact Ken Chiang at 213-576-7076, email at ykc@cpuc.ca.gov. Sincerely, Ken Chiang, PE Utilities Engineer Rail Crossings Engineering Section Consumer Protection & Safety Division C: State Clearinghouse ATTACHMENT NO. 11 -1- ERRATA Appendix A of Draft Subsequent Environmental Impact Report 2008-00340 provide redline changes to the documents that govern and regulate development within the Anaheim Specific Plan area. The changes shown below in green, indicate proposed changes to the Anaheim Resort Specific Plan that were not included in Appendix A. Deletions are shown in strikethrough and additions are shown in bold. Changes shown in red were included in Appendix A. Chapter 1.0 Executive Summary 1.1 Introduction On September 27, 1994, the Anaheim City Council adopted Ordinance No. 5453 relating to the establishment of Zoning and Development Standards for the Anaheim Resort Specific Plan (ARSP) No. 92-2 by the addition of Chapter 18.48 to the Anaheim Municipal Code, and Ordinance No. 5454, amending the zoning map to reclassify approximately 549.5 acres of certain real property into the ARSP. The ARSP was specifically designated by the City’s General Plan for recreation and tourist/convention-related activities. Since the adoption of the ARSP, proposed modifications to the specific plan having have included 14 amendments and 6 adjustments, which have included an expansion of the ARSP area to include 31.8 additional acres, increasing the total acreage of the ARSP area to 581.3 acres. ARSP Amendment No. 1. In June 1997, the City Council approved General Plan Amendment No. 344, Amendment No. 1 to the ARSP, and Conditional Use Permit No. 3917. These actions designated 4.67 acres, located on the northern side of Orangewood Avenue and east of Harbor Boulevard, for Commercial Recreation land use and incorporated the site into the Anaheim Resort Specific Plan (SP92-2) Zone. Conditional Use Permit No. 3917 approved the conversion of an existing 139-unit, 2-story, 8-building apartment complex on this site into a 136-unit Vacation Ownership Resort known as “Dolphin Cove.” ARSP Amendment No. 2. In October 1998, Amendment No. 2 to the ARSP was proposed to amend Chapter 18.116 of the Anaheim Municipal Code (Anaheim Resort Specific Plan 92-2 (SP92-2) Zoning and Development Standards) to add “coffee house” as a Conditionally Permitted Accessory Use in conjunction with an Automotive Service Station. The Planning Commission denied the amendment and the Applicant subsequently withdrew the petition at the January 26, 1999, City Council meeting. ARSP Adjustment No. 1. In May 1999, the City Council approved Adjustment No. 1 to the ARSP, which amended Chapter 18.116 of the Anaheim Municipal Code (Anaheim Resort Specific Plan 92-2 (SP92-2) Zoning and Development Standards) to modify the setback and yard requirements to reflect the local street status of Convention Way. -2- ARSP Amendment No. 3. In August 1999, the City Council approved General Plan Amendment No. 364 and Amendment No. 3 to the ARSP. These actions designated an approximate 0.73-acre site, located at the northwestern corner of Casa Grande Avenue and Casa Vista Street, for Commercial Recreation land use and reclassified the site into the Anaheim Resort Specific Plan (SP92-2) Zone. The site is developed with 44 guest rooms of a 100-room motel. Prior to the amendments, the site was designated for Medium Density Residential land uses, while the balance of the motel (lobby and 56 guest rooms) was included in the SP 92-2 Zone and designated for Commercial Recreation land uses. As a result of the amendments, the entire hotel site is designated for Commercial Recreation land use and located in the SP 92-2 Zone. ARSP Adjustment No. 2. In September 1999, the City Council approved Adjustment No. 2 to the ARSP, which amended Chapter 18.116 of the Anaheim Municipal Code (Anaheim Resort Specific Plan 92-2 (SP92-2) Zoning and Development Standards) to modify the minimum landscape setback requirement for properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the ARSP area. ARSP Adjustment No. 3. In May 2001, the City Council approved Adjustment No. 3 to the ARSP, which amended the Zoning and Development Standards set forth in Chapter 18.116 of the Anaheim Municipal Code (Anaheim Resort Specific Plan 92-2 (SP92-2) Zoning and Development Standards) relating to temporary parking requirements including time limitations, landscape and screening requirements, and permitted fence and wall materials. ARSP Adjustment No. 4. In April 2004, the City Council approved Adjustment No. 4 to the ARSP, which amended Chapter 18.116 of the Anaheim Municipal Code (Anaheim Resort Specific Plan 92-2 (SP92-2) Zoning and Development Standards) to permit office uses in legal nonconforming buildings subject to the approval of a Conditional Use Permit. ARSP Amendment No. 4. In June 2004, the City Council adopted Zoning Code Amendment No. 2004-00029, a comprehensive update of Title 18 (Zoning) of the Anaheim Municipal Code. This code amendment incorporated ARSP Amendment No. 4, which included modifications to Chapter 18.116 (Anaheim Resort Specific Plan 92-2 (SP92-2) Zoning and Development Standards) intended to streamline the project review process. ARSP Amendment No. 5. In June 2004, the City Council approved Amendment No. 5 to the ARSP in conjunction with a comprehensive update of the City’s General Plan and Zoning Code. Amendment No. 5 expanded The Anaheim Resort to the southern City limits by incorporating approximately 26.4 acres, located along Harbor Boulevard, south of Orangewood Avenue, into the Anaheim Resort Specific Plan (SP92-2) Zone. -3- ARSP Amendment No. 6. In February 2005, the City Council approved Amendment No. 6 to the ARSP. This amendment modified Chapter 18.116 of the Anaheim Municipal Code (Anaheim Resort Specific Plan 92-2 (SP92-2) Zoning and Development Standards) to permit convenience markets to sell beer and wine for off-premises consumption, as an accessory use to service stations in conjunction with the relocation of an existing service station, if such service station is relocated from a location with street frontage on Harbor Boulevard to a location not fronting on Harbor Boulevard. ARSP Amendment No. 7 In August 2006, the City Council approved General Plan Amendment No. 2006-00042 and Amendment No. 7 to the ARSP to create a residential overlay that would allow the development of residential uses in certain targeted areas when such uses are fully integrated into a minimum 300-room full service hotel. ARSP Adjustment No. 5 In August 2006, the City Council approved Adjustment No. 5 to the ARSP, which amended Chapter 18.116 of the Anaheim Municipal Code (Anaheim Resort Specific Plan 92-2 (SP92-2) Zoning and Development Standards) in its entirety to provide consistent formatting with Title 18 (Zoning Code) along with minor modifications and clarifications. ARSP Amendment No. 7 In August 2006, the City Council approved General Plan Amendment No. 2006-00042 and Amendment No. 7 to the ARSP to create a residential overlay that would allow the development of residential uses in certain targeted areas when such uses are fully integrated into a minimum 300-room full service hotel. ARSP Amendment No. 8. In April 2007, the City Council approved General Plan Amendment No. 2006-00448 and Amendment No. 8 to the ARSP to allow for wholly-residential development, fifteen percent of which must be comprised of rental units affordable to low or very-low income households, on a designated 26.7-acre site located south and east of Katella Avenue and Haster Street. ARSP Amendment No. 9. In November 2007, City Council repealed General Plan Amendment No. 2006-00448 and initiated Amendment No. 9 to the ARSP to repeal Amendment No. 8 to the ARSP. In March 2008, City Council approved Amendment No. 9, which removed all provisions in Chapter 18.116 (Anaheim Resort Specific Plan 92-2 (SP92-2) Zoning and Development Standards) related to wholly-residential development, with the exception of residential uses in certain targeted areas when such uses are fully integrated into a minimum 300-room full service hotel (as approved by Amendment No. 7). -4- ARSP Amendment No. 10. In February 2008, Planning Commission reviewed a proposal for a General Plan Amendment, Specific Plan Amendment (Amendment No. 10 to the ARSP), Zoning Reclassification, Conditional Use Permit, Final Site Plan, Development Agreement, Tentative Parcel Map, and Tentative Tract Map to allow a 102-room hotel with 14,714 square feet of accessory commercial uses and a 191-unit condominium complex on approximately 5 acres located at 2232 Harbor Boulevard, in the southern portion of the ARSP area. Prior to the City Council taking final action on this request, the applicant withdrew the proposal due to the approval of the “SOAR” Initiative. ARSP Amendment No. 11. In March 2008, under General Plan Amendment No. 2008-00466 and Amendment No. 11 to the ARSP, City Council adopted an initiative measure, known as the “SOAR” Initiative, to amend the General Plan and ARSP 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. ARSP Amendment No. 12. In October 2008, City Council approved Amendment No. 12 to the ARSP, which increased the allowable density on a 5.9-acre project site from C-R Low Density (50 hotel rooms per gross acre) to C-R Low Medium Density (75 hotel rooms per gross acre). The site was divided into two separate parcels, allowing development of 154 hotel rooms on Parcel 1 and up to 288 hotel rooms on Parcel 2 for a total of up to 442 hotel rooms. ARSP Amendment No. 13. In March 2009, City Council approved General Plan Amendment No. 2008-00470, Amendment No. 13 to the ARSP and an amendment to the Anaheim Resort Public Realm Landscape Program. These amendments modified the text in the General Plan Land Use Element and the ARSP to reflect a new density category created for the Commercial Recreation District, called “Low Medium Density (Modified); modified the Central Core and Special Intersection Landscape Treatment exhibits to allow special landscape and hardscape treatments at the corner of Harbor Boulevard and Katella Avenue; modified the sign code to allow a greater number and larger signs than currently permitted for hotels and accessory retail; allowed changeable copy signs for hotels when not visible from any public right-of-way, murals, and building integrated multi-tenant signs subject to approval of a conditional use permit. ARSP Adjustment No. 6. In June 2012, City Council approved Zoning Code Amendment No. 2012-00106, which included Adjustment No. 6 to the ARSP. This adjustment modified the Code references and terminology for Restaurants with Outdoor Dining, Restaurants with Accessory Entertainment, Dance Venues, Massage Establishments, Amusement Devices, Amusement Arcades and Health Clubs to be consistent with Chapters 18.16 (Regulatory Permits) and 18.92 (Definitions) of Title 18 (Zoning Code). -5- ARSP Amendment No. 14. In ______, City Council approved General Plan Amendment No. 2010-00482 and Amendment No. 14 to the ARSP to update the ARSP to reflect current development conditions and regulations and increase the maximum allowable square footage in the Public Recreational (PR) district to accommodate future expansion of the Anaheim Convention Center. Chapter 5.0 Design Plan (Page 5-1) The Design Plan contains descriptions of the basic concepts that will help achieve the ARSP's fundamental goal of creating a unified resort identity for the ARSP area. Written text in this Section describes the fundamental design concepts, while the drawings that accompany the text show how the concepts will be implemented. The Design Plan has been coordinated with several adopted documents that describe design concepts for the ARSP area. These documents include The Disneyland Resort Specific Plan, The Anaheim Resort Public Realm Landscape Program, and The Anaheim Resort Identity Program. In addition, this Section is intended to supplement the Zoning and Development Standards contained in Section 7.0, which is codified as Chapter 18.118 of the Anaheim Municipal Code. Since the public streets are the interface between the ARSP and The Disneyland Resort Specific Plan, both specific plans describe in detail the design of the public streets, as well as the treatment of setback areas adjacent to public streets. The emphasis in both plans is on creating unity through landscape design, a standardized design vocabulary for streetscape elements (such as light poles and directional signs), and regulation of private property, including standards for signs, building heights, and setbacks. For ease of reference and to better depict the relationship between the two specific plans, the ARSP contains information about the treatment of all public streets that border or are within the ARSP area boundaries. As a result, there is an overlap in the information contained in both specific plans along the border between the two areas. For example, the description and illustrations of the design concept for Harbor Boulevard appear in both specific plans. On September 20, 1994, the City Council adopted Resolution No. 94R-239 approving The Anaheim Resort Public Realm Landscape Program. Subsequent amendments have been adopted including Resolution No. 96R-178 (Amendment No. 1), 99R-137 (Amendment No. 2), 2002R-56 (Amendment No. 3), 2009R-037 (Amendment No. 4), and _______(Amendment No. 5). The Anaheim Resort Public Realm Landscape Program summarizes landscape concepts proposed for the public streets within The Anaheim Resort and provides a general overview of the different landscape treatments that will help create a unifying resort identity. -6- The ARSP is also consistent with The Anaheim Resort Identity Program approved by the City Council by adoption of Resolution No. 94R-238 and amended by Resolution Nos. 2001R-239 (Amendment No. 1) and ________ (Amendment No. 2). The Anaheim Resort Identify Identity Program contains specific recommendations for the location and design of gateways, directional signs, banners, light fixtures, and street furniture for The Anaheim Resort. Section 5.5 of the ARSP summarizes how signs and other identity elements will help create the unified environment envisioned for the entire Anaheim Resort area. The information in this Section supplements the Zoning and Development Standards contained in Section 7.0 in the following ways. First, it describes the fundamental design ideas and concepts that are the basis for the standards and regulations. This description of the basic concepts will assist in the interpretation of the intent of the ARSP in situations where several options may be consistent with the regulations. Also, it contains design guidelines that would be considered too general to be standards or regulations, but convey useful information about the character and quality of development anticipated within the ARSP area. Finally, this Section contains sketches, cross-sections and photos that show what the physical appearance of important conditions in the ARSP area should be if the standards, regulations, and guidelines are implemented in accordance with this section and Section 7.0. By showing how the two work together, the intent of the ARSP can be conveyed in a more comprehensive manner. Chapter 7.0 Zoning and Development Standards - Title 18 (Zoning Code) of the Anaheim Municipal Code (Zoning Code Amendment No. 2010-00093) TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Agricultural uses crops P Alcoholic Beverages – Off-Sale N Except as permitted subject to Section 18.116.070.090 or as an accessory use incidental to and integrated within a hotel or motel. Alcoholic Beverages – On-Sale P Ambulance Services N -7- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Amusement parks, theme-type complexes, aviaries, zoos C Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. Animal Boarding C No animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. Animal Grooming N Antennas – Broadcasting C Antennas - Telecommunications T Stealth facilities integrated within a building are permitted subject to Section 18.38.060 and Section 18.62.020 Freestanding ground-mounted facilities including stealth facilities are not permitted. Automated Teller Machines (ATM’s) P Shall be located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Subject to Section 18.36.040. Art galleries C -8- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Automotive – Parking Lots or Parking Structures/Garages C Parking lots or parking structures/garages not otherwise permitted by Table 116-D. Automotive – Car Sales and Rental N/C Car sales are prohibited. Automotive - Rental not otherwise permitted by Table 116-D requires a conditional use permit. Automotive – Parts Sales N Automotive – Public Parking C Parking lots or parking structures/garages not otherwise permitted by Table 116-D. Automotive – Repair and Modification N Automotive – Service Station C Subject to requirements of Chapter Section 18.38.070 (Automotive Service Stations) and subsection 18.116.070.090. Automotive – Service Station: Convenience Markets or Mini- markets with or without the sale of beer and wine for off-premises consumption N Except as permitted subject to Section 18.116.070.090. Automotive –Service Station: Rental and/or display of utility trailers or trucks N Automotive –Service Station: Sale of alcoholic beverages for on- premises and/or off- premises consumption N Except as permitted subject to Section 18.116.070.090 -9- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Automotive – Service Station: Tow Truck Operations C In conjunction with an Automotive - Service Station only subject to the following: (a) A maximum of one (1) tow truck shall be permitted. (b) When on-site, the tow truck shall be screened from view of the public right-of-way at all times. (c) All vehicles towed to the site shall be stored indoors in a service bay. Under no circumstances shall outdoor storage of the towed vehicles be permitted. (d) No additional signage advertising tow truck operations shall be permitted. Tow truck operations or towing services not in compliance with the above requirements shall be prohibited. Automotive – Washing C In conjunction with an Automotive – Service Station only. Bars & Nightclubs C Bed and Breakfast Inns N Beekeeping N Billboards N As defined in subsection 18.116.160.010 (Definitions Pertaining to Signs). Bingo N Boat and RV Sales N Building and Material Sales N Cemeteries N -10- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Christmas tree sales lots and/or stands N Commercial retail centers N Including commercial retail centers, strip shopping centers, mini- malls and other shopping centers not in conformance with the requirements of a Specialty Retail Center, as defined in Section 18.116.030 (Definitions) and detailed within this table (Table 116-C) “Specialty Retail Centers”. Computer Internet Facility C Community and Religious Assembly C Computer Internet & Amusement Facilities C Convalescent & Rest Homes N Convenience markets or mini-markets Stores N Except as allowed by Section 18.116.070.090 Conversion of hotels or motels to semi- permanent or permanent living quarters N Except a caretaker/manager unit may be provided as specified in Table 116-D, or vacation ownership resorts as detailed within this table (Table 116-C) “Vacation Ownership”. Dance Venue C As defined in Section 18.92.070 (“D” Words, Terms And Phrases.) of the Anaheim Municipal Code. Dance & Fitness Studios – Large N Dance & Fitness Studios – Small N Permitted by right as an accessory use incidental to and integrated within a hotel or motel -11- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Day Care Centers N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Drive-Through Facilities N Dwelling units N Single-family or multiple-family, except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. Educational Institutions – Business C Educational Institutions – General C Emergency Medical Facilities C Entertainment Venue C Equipment Rental – Large N Equipment Rental – Small N Golf Courses & Country Clubs C Group Care Facilities N Headshop N Heliport N As defined in Chapter 18.92 (Definitions). Helistop C As defined in Chapter 18.92 (Definitions) (excluding heliports); that any such helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. -12- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Hotels and motels located north of Orangewood Avenue P Including suite type hotels Hotels and motels located south of Orangewood C Including suite type hotels Hospitals N As defined in Chapter 18.92 (Definitions). Industrial Uses Industry N As set forth in Chapter 18.10 (Industrial Zones) Industry-Heavy N Inflatable advertising display N Junkyards N Kitchens or kitchenettes C In hotel or motel guest rooms or suites. Massage establishments C Those integrated within a hotel or motel only, for which a permit is required pursuant to Section 18.16.070 (Massage) of the Anaheim Municipal Code. Markets-Large N Markets-Small N Medical & Dental Offices N Mobile home parks N Except as otherwise permitted by Section 18.116.120 (Mobile Home Park (MHP) Overlay) for parcels encompassed by the MHP Overlay as identified on Exhibit 3.3.2a of the Specific Plan document (Mobile Home Park (MHP) Overlay Zone). Expansion of existing facilities to increase the number of mobile homes or mobile home spaces is prohibited. -13- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Mortuaries N Museums C Nonconforming Structures and Uses – Expansion of nonconforming uses and structures C Provided that the expansion brings the use and/or structure into greater conformity with the intent of the Specific Plan. Nonconforming Structure – Facade improvements not exceeding 5% of the building floor area P Provided that the improvements are in substantial conformance with the building envelope, do not adversely impact any adjacent parcels and are in conformance with the Design Plan. If the Planning Director determines that adverse impacts would occur from the improvements or if the improvements are not in substantial conformance with the building envelope, the plans shall be referred to the Planning Commission as a conditional use permit. Nonconforming Structure – Facade improvements exceeding 5% of the building floor area C Nonconforming Structure – Office uses in a legal nonconforming building C Non-publicly operated convention centers C Including exhibition halls and auditoriums Offices - Development C Office buildings when accessory to, and integrated as part of, an on-site permitted primary or when located in a legal non- conforming building. -14- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Offices – General C Office buildings when accessory to, and integrated as part of, an on-site permitted primary or when located in a legal non- conforming building. Oil Production N Outdoor advertising of merchandise, products and/or services N Including, but not limited to, merchandise promotions, sales, pricing, etc. Outdoor sales events N Including Christmas Tree/Pumpkin sales lots or stands Outdoor storage yards of goods and materials N Except as otherwise permitted in this Zone Personal Services – General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel Personal Services - Restricted N Plant Nurseries N Public Services C Pawnshops N Pennants or pennant- type banners N Where visible from a public right-of-way and/or adjacent property Recreation-Billiards C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation–Bowling Commercial Indoor C Including sales of alcoholic beverages for on-premise consumption Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel -15- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Recreation –Golf Courses/ Miniature golf courses Commercial Outdoor C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation –Low Impact C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation –Outdoor recreational playground areas P In conjunction with permitted primary uses and structures listed in Table 116-C only Recreation –Swimming & Tennis C Recreation Buildings and Structures, as defined by Section 18.116.030, are permitted by right as an accessory use incidental to and integrated within a hotel or motel Recreation –Skating rinks C Recreational vehicle and campsite parks C Limited to use for short-term visits, not to exceed 30 days in any calendar year, by tourists and visitors. Recycling Services – Consumer General N Recycling Services - Processing N Repair Services - General N Repair Services – Limited N Research & Development N Residential hotels/motels N -16- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Restaurants –General P Enclosed and or with outdoor dining, with or without sale of alcoholic beverages for on premises consumption, as defined in Chapter 18.92 (Definitions). Restaurants allowed as permitted uses shall be full service establishment. Such establishments may provide take-out service, but as a limited, ancillary function only. Outdoor seating areas visible from the public right-of-way shall not include table umbrellas that display any symbol, name, writing or product advertising. Restaurants –Drive-in or Drive-through N Restaurants – Outdoor Dining P Restaurants allowed as permitted uses shall be full service establishment. Such establishments may provide take-out service, but as a limited, ancillary function only. Outdoor seating areas visible from the public right-of-way shall not include table umbrellas that display any symbol, name, writing or product advertising. Restaurants – Walk-Up N Restaurants allowed as permitted uses shall be full service establishment. Such establishments may provide take-out service, but as a limited, ancillary function only Restaurants with accessory entertainment with cover charge C Pursuant to and as defined in Chapter 18.92 (Definitions) Retail Sales - General N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or subject to the requirements for a specialty retail center Retail Sales - Kiosk N Permitted by right as an accessory use incidental to and integrated within a hotel or motel or as part of a conditional use permit for a specialty retail center Retail Sales – Outdoor N Retail Sales – Used Merchandise N Room & Board N -17- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Sale of alcoholic beverages for on- premises and/or off- premises consumption N Except as otherwise expressly permitted in conjunction with automobile service station convenience markets or min-markets subject to Code Section 18.116.070.090. Secondhand shops N Self Storage N Sex-oriented businesses N As defined in Chapter 18.92 (Definitions) Specialty retail centers C Where all goods and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall (a) Consist of a minimum of five (5) acres; (b) Have integrated management; (c) Have a “festive theme” orientation; (d) Plazas and/or other pedestrian-oriented amenities shall be part of the center’s design as set forth in the Design Plan; and, (e) Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on-premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off-premises consumption; sale of alcoholic beverages for on-premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Section 18.16.050 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. -18- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Structures –Height exceeding 1/2 the distance from the building or structure to a single- family, multi- family and/or MHP Overlay zone boundary. C Structures within one hundred and fifty (150) feet of any single- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a3 (Mobile Home Park (MHP) Overlay Zone) exceeding a height equal to one-half (1/2) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. Heights shall not exceed the maximum heights defined in Section 18.40.080 (Structural Height limitation - Anaheim Commercial Recreation Area). Structures –Height Limits exceeding the maximum heights defined in Section 18.40.080 (Structure Height Limitation – Anaheim Commercial Recreation Area). N Structures –Interior Setbacks N Interior setbacks less than two (2) times the height of any proposed building or structure when such building or structure is within one hundred and fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred and fifty (150) feet of any multi-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a3 (Mobile Home Park (MPH) Overlay Zone). Structures originally designed or intended for residential use but used for non-residential purposes N -19- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Studios –Broadcasting C Including accommodations for filming/taping in front of live audiences Studios –Recording C Including accommodations for filming/taping in front of live audiences Theaters C Including dinner, legitimate or motion picture theaters, performance theaters or clubs, and indoor or outdoor amphitheaters Tow truck operators Towing Services C Permitted only in conjunction with an automotive service station facility. See Automotive –Service Stations Tow Truck Operations Permitted only in conjunction with Automotive – Service Station Trailer and Truck Rental Services N Transportation facility C As defined in paragraph subsection 18.116.030.080 (‘T’ Words, Terms and Phrases) of this chapter; helistops, as defined in Chapter 18.92 (Definitions) (excluding heliports); provided that any such station or helistop shall be located a minium of one thousand (1,000) feet from any residentially zoned property Truck Repair & Sales N Uses or activities not listed N Uses or activities not specifically listed in this chapter which are inconsistent or incompatible with the intended purpose of the Specific Plan are prohibited. C Uses or activities not specifically listed or prohibited in this chapter may be established by conditional use permit when determined by the Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan. Utilities –Major C As defined in paragraph 18.36.040.210 Utilities –Minor P As defined in paragraph 18.36.040.210 and subject to paragraph 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1)) -20- TABLE 116-C PRIMARY USES AND STRUCTURES: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Prohibited T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Vacation ownership resorts C Subject to compliance with the requirements of Section 18.116.150 (Requirements for Vacation Ownership Resorts) Veterinary Services N Warehousing & Storage-Enclosed N Wholesaling N TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Alcoholic Beverages – Off-Sale P Alcoholic Beverages – On-Sale P Amusement arcades Devices P No public access directly from the exterior of the building. Subject to Section 18.16.050 (Amusement Devices). Antennas- Dish P Subject to Section 18.38.050 Antennas-Receiving P Subject to Section 18.38.050 -21- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Automobile - Rental agency offices P With a maximum of three (3) parking spaces for on-site parking of vehicles available for rental in reserved parking spaces in a location not visible from the public right-of-way. Said spaces should be in addition to those required by Chapter 18.42 (Parking and Loading) and subject to Section 18.116.140 (Off-Street Parking and Loading Requirements). Automated Teller Machines (ATMs) P Shall be located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Subject to Section 18.36.040. Banquet/Meeting Room P Bingo Establishments N Banking facilities Business & Financial Services P Including automated teller machines located wholly within a building or within a hotel complex in a location not visible from the public right-of-way. Caretaker Unit P One unit Limited to less than one thousand two-hundred twenty-five (1,225) gross square feet in size Must comply with the parking standards for dwellings under Chapter 18.06 (Multiple Family Residential Zones). Barber shops P Beauty shops P Book stores P Including newspaper and periodical sales Clothing stores P -22- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Confectionery shops P Including candy stores, ice cream parlors and establishment selling bakery goods and/or coffee Custom print and art galleries P Day Care services Centers P Limited strictly to the use of the guests and/or employees of such hotel or motel Dog/cat kennels Animal Boarding P Limited strictly to the pets of guests and patrons of such hotel or motel, provided such kennels shall not be located closer than forty (40) feet from hotel/motel guest rooms or residentially zoned property. Drugstores P Floral shops P Entertainment - Accessory P Subject to Section 18.16.060 Health spas/physical fitness center Dance and Fitness Studios - Small P Limited strictly to the use of the guests and/or employees of such hotel or motel Fences and walls P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Landscaping & Gardens P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) -23- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Mechanical and Utility Equipment –Ground Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Mechanical and Utility Equipment –Roof- Mounted P Subject to Section 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting –Commercial Recreation (C-R) District (Development Area 1) Outdoor Displays N Outdoor Storage N Jewelry stores P Laundry facilities and Dry Cleaning services P Limited strictly to the use of the guests and/or employees of such hotel or motel Luggage and accessory shops P Meeting/banquet facilities P One caretaker/manager residential unit P Less than one thousand two-hundred twenty-five (1,225) gross square feet in size subject to compliance with the parking standards for Multiple-Family Dwellings under Chapter 18.06 (Multiple Family Residential Zones). Parking Lots & Garages P To provide off-street parking spaces, as required by this Code, to serve the on-site uses permitted under this chapter. Petroleum Storage – Incidental N Outdoor food and/or beverage carts Portable C In conjunction with a hotel and subject to the following: (a) The design of the cart shall be compatible with the -24- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Food Carts architectural design and/or theme of the hotel. (b) The cart shall not be permitted to encroach into any required setback areas. (c) One (1) non-illuminated business identification sign, not exceeding four (4) square feet in area with a maximum letter and/or logo height of 10-inches, may be displayed on or below the valance of the roof canopy. (d) One (1) menu pricing sign, not to exceed 12-inches in width by 18-inches in height, may be displayed on the cart below the roof canopy. (e) One (1) trash receptacle shall be provided adjacent to the cart. The trash receptacle shall be decorative and designed to complement the design of the cart. The trash receptacle and the area around the cart shall be permanently maintained and kept clean by the cart operator. (f) The precise size, number and location of carts shall be determined by conditional use permit, provided that the cart(s) shall not be visible from the public right-of-way. (g) All equipment, products and/or supplies shall be stored wholly on or inside the cart at all times. (h) When not in use, all carts shall be stored in an on-site commissary approved by the Orange County Health Department and specifically shown on plans submitted in connection with a conditional use permit. Such commissary shall be fully enclosed and shall not be visible from any public right-of-way or adjacent properties. (i) The cart operator shall obtain all applicable State and/or local licenses and/or permits and shall prominently display such -25- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions current and valid licenses and/or permits on the cart at all times. Personal Services – General P Photo supply shops P Postal and copy service facilities P Recreational facilities Recreation Buildings and Structures P Including, but not limited to, outdoor playground areas, tennis and racquetball courts, spas and swimming pools. Limited strictly to the use of the guests and/or employees of such hotel or motel. Restaurants – Drive- Through N Restaurants - General P Enclosed or with outdoor dining Restaurants – Outdoor Dining P Restaurants – Walk-Up P Restaurants P Enclosed or with outdoor dining, full-service, walk-up, fast food and/or delicatessen only Retail Floor, Wall & Window Coverings N Retail Sales - General P Retail Sales - Kiosk P -26- TABLE 116-E ACCESSORY USES INCIDENTAL TO AND INTEGRATED WITHIN A HOTEL OR MOTEL INCLUDING SUITE-TYPE HOTELS, AND OTHERWISE LIMITED HEREIN: C-R DISTRICT (DEVELOPMENT AREA 1) P Permitted by Right C Conditional Use Permit N Permitted T Telecommunications Antenna Review Permit Required Classes of Uses C-R District Special Provisions Retail Sales – Outdoor N Retail Sales – Used Merchandise N Signs P Subject to Section 18.116.160 (Signs) Thematic Elements P Subject to Section 18.116.160 (Signs) Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks. Warehousing & Storage – Outdoors N Sales of alcoholic beverages P On-premises and off-premises consumption Shoe repair shops P Souvenir, gift, and/or novelty shops P Including sales of sundry items Ticket agencies P Tobacco shops P Travel agencies P TABLE 116-Q FREESTANDING MONUMENT SIGNS Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft. -27- TABLE 116-Q FREESTANDING MONUMENT SIGNS Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft. Maximum Sign Area Per Sign Face None See Planning Standard Detail Nos. 5, 6 and 7 on file in the Planning Department. Maximum Number of Signs Per Lot None One (1) per street frontage. (A) One (1) per six hundred and sixty (660) feet of street frontage. (B) Minimum Setback From Public Right-of- Way Not Applicable Two (2) feet Except adjacent to Harbor Boulevard between Orangewood Avenue and Interstate-5 Freeway and adjacent to Katella Avenue between Walnut Street and Interstate-5 Freeway where it shall be zero (0) feet. Maximum Height to Top (C) Not Applicable Nine (9) feet oriented on a horizontal format. Eleven and one half (11.5) feet oriented on a vertical format. Sign Copy Not Applicable Name and/or logo of the development and/or name and/or logo of up to three (3) tenants/accessory uses. (D) Total area for sign copy shall not exceed seventy-five percent (75%) of total sign face and shall not be closer than ten (10) inches to any edge. Illumination Not Applicable Illumination Limitations No bare bulbs, exposed neon, animated or flashing signs. Allowable illumination Letters/symbols routed from painted opaque background with internally illuminated push-through copy. Ground mounted spotlights screed from public view by landscaping. Other Limitations (E) Not Applicable All signs to be mounted on the standard Anaheim Resort sign base which is not included in the area calculation of the sign. Standard sign base shall be precast colored concrete as specified in the Anaheim Resort Identity Program. An Anaheim Resort logo shall appear on three sides of each column on the standard sign base. -28- TABLE 116-Q FREESTANDING MONUMENT SIGNS Street Frontage 0-60 ft. >60-150 ft. >150-300 ft. >300 ft. Signs shall identify development address in the location specified on sign details on file in the Planning Department, using the typeface consistent with the identity sign elements for the street address. All signs except corner locations shall be located in the middle 40% of the street frontage. For corner locations signs may be located at the corner. Any attachments or “riders” to signs shall be prohibited. All signs shall be placed perpendicular to the street. For Hotels/Motels, affiliation and vacancy information signs shall be in the location designated on the standard base diagram. Appendix C The Anaheim Resort Identity Program Appendix A of The Anaheim Resort Identity Program includes an “Exhibit 1.” This exhibit should be dated September 18, 2001. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.