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6391ORDINANCE No. 6 3 91 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBPARAGRAPH .05 OF PARAGRAPH .0602 (CONDITIONALLY PERMITTED SIGNS) OF SUBSECTION .060 (BUSINESS AND IDENTIFICATION SIGNS) OF SECTION 18.114.130 (SIGN REGULATIONS) OF CHAPTER 18.114 18.114 (DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1) ZONING AND DEVELOPMENT STANDARDS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE TO PERMIT AN INCREASE IN THE HEIGHT OF ICON/THEMED SIGNAGE ELEMENTS FOR THE ANAHEIM GARDENWALK PROJECT, AND FINDING AND DETERMINING THAT THIS ORDINANCE IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15311 OF THE STATE CEQA GUIDELINES. (ADJUSTMENT NO. 10 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1)) (ZONING CODE AMENDMENT NO. 2016-00134) WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, the City Council desires to amend subparagraph .05 of paragraph .0602 (Conditionally Permitted Signs) of subsection .060 (Business and Identification Signs) of Section 18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code for the Anaheim GardenWalk to permit an increase in the height of "icon/themed signage elements", as defined therein, from thirty (30) feet to ninety (90) feet; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the City Council finds and determines that the effects of this ordinance are typical of those generated within that class of projects (i.e., Class 11 — Accessory Structures) which consist of the "construction, or replacement of minor structures, accessory to (appurtenant to) existing commercial facilities, industrial, or institutional facilities". Section 15311 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA within that class of projects. The example that is applicable to this ordinance is for on -premise signs. This ordinance fits within that example and, therefore, pursuant to Section 15311 of the CEQA Guidelines, will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subparagraph .05 of paragraph .0602 (Conditionally Permitted Signs) of subsection .060 (Business and Identification Signs) of Section 18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: .05 In the Anaheim GardenWalk Overlay, up to two (2) icon/themed signage elements (defined as "a structure, sculpture, or having the nature of, an icon, which is a nationally -recognized image or object, including, but not limited to, trademarked objects, logos, or other images and figures associated with nationally -recognized corporate identities") shall be permitted subject to the approval of Conditional Use Permit No. 4078, as amended, or a separate conditional use permit provided that the signage shall be associated with a use approved for the Anaheim GardenWalk project pursuant to Section 18.114.105 (Anaheim GardenWalk Overlay); the size, location, height (not to exceed ninety (90) feet in height measured from the elevation of the public sidewalk closest to the location of the element), and design of the signage shall be determined by the conditional use permit, and further provided that the maximum height of the icon/themed project element in the interior of Area A may be permitted up to a height of 75 feet measured from the elevation of the public sidewalk closest to the location of the element (Disney Way) to the top of the element, provided that the element is proposed without any signage, including logos, trademarked objects or other images and figures associated with nationally- recognized corporate identities, excluding signage that is visible to the interior of the project only, and is located a minimum of two hundred (200) feet from the public right-of-way. SECTION 2. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the22ndday of November , 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the 2 o th day of December , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: / MAYOR OF TI -It CITY OF ANAHEIM I-1 CLERK OF THE CITY OF ANAHEIM 119349-v2/TJR CLERK'S CERTIFICATE STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6391 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of November, 2016, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 20th day of December, 2016, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of January 2017. ERK OF THE CITY OF ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6391 and was published in the Anaheim Bulletin on the 29th day of December, 2016. o. a., It 10-1 W1.� (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 29, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: December 29, 2016 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 ORDINANCE NO. 6391 AN ORDINAN THE CITY OF ANAHEIM AMENDING SUBPARAGRAPH .05 OF PARAGRAPH J ONDITIONALLY PERMITTED SIGNS,. OF SUBSECTION .060 (BUSINESS A ENTIFICATION SIGNS) OF SECTION 18.114.130 SIGN REGULATIONS) NO.l92-1)(SP 9CHAPTER NG ANDI8.114 DEVELOPMENT T TANDAR S), OFND RESORT TITLE 18 (ZONING) OF THE ANA�EIM MUNICIPAL CODE TO PERMIT AN INCREASE IN THE HEIGHT OF ICON/THEMED SIGNAGE ELEMENTS FOR THE ANAHEIM GARDENWALK PROJECT, AND FINDING AND DETERMINING THAT .THIS RIS IRTLEXEMPT FROM THE ENVIRONMENTAL ACT (CEQA) URSUUNTTO 15311 OF THE STATE CEQA GUIDELINES. (ADJUSTMENT NO. 10 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (SP 92-1)) (ZONING CODE AMENDMENT 0.2016-00134) WHEREAS, pursuant to the City's police power, as ranted broadly under Article XI, Sec- tion 7 of the California Constitution, the City Council of the City of Anaheim ("Clty Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, the City Council desires to amend subparagraph A5 of paragrapph .0602 (Conditionally Permitted Signs) of subsection .060 (Business and Identification Signs of Section 18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specrtic Flan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title f8 (Zoning) of the Anaheim Municipal Code for the Anaheim GardenWalk to permit an increasa in the he' ht of "icon/themed signage elements", as defined therein, from thirty (30) feet to ninety (IR feet; and WHEREAS, pursuant to the California Environmental Quality Act Public Resources Code Section 21000 at sed� ; herein referred to as "CEQA"), the State of Public Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State i CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for thisordi- nance; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure, the City Council finds and determines that the effegis.of this ordinance are typical oft 00-80 generated within that class of projects (i.e., Class 11— Accessory Struc- tures) which consist of the"construction, or replacement of minor structures, accessory to (appurtenant to) existing commercial facilities, industrial, or institutional facilities". Section 15311 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA within that class of projects. The example that is applicable to this ordinance is for on -premise signs. This ordinance fits within that example and, therefore, pursuant to Section 15311 of the CEQA Guidelines, will not cause a significant ef- fect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the City Council determines that this ordinance is a valid exercise -of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subparagraph .05 of paragraph .0602 (Conditionally Permitted Signs) of subsection 060 (Business and Identification Signs) of Section 18.114.130 (Sign Regulations) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Stand- ards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 05 In the Anaheim GardenWalk Overlay, up to two (2) icon/themed signage elements (defined as "a structure, sculpture, or having the nature of, an icon, which is a nationally - recognized image or object, including but not limited to, trademarked objects, logos, or other images and figures associated with nationally -recognized corporate' identities") shall be permitted subject to the anoroval of r ire Ai 18.114.1005� (Anaheirg.,.GardenWak.Ove[ja ninety (JO) feet in height measured from the location of the element), and desiggl conditional use permit, and further rovide project element in the interior of Area A feet from the public'rignt-ofway. - ... . SECTION 2. The City Council'of the City of Anaheim hereby declares that s Id any section Fara- W grapty nra phrased term or word �f this ordinance be-decf easorrto-be` mvalitl ii IS l io'tent of TI el CSffy"Lo(Inc11 that it would have atjo ed all of er portions of this ordinance independent of the elimination herefrom of any such portion as may be de-,,, clared Invalid. , It any section, subdivision, paragraph,,aentence, clause or phrase of'this,,, Ordinance is for any reason held to,be invalid of noonsfitutional, such derision shall not,,, affect the validity of;h"e remainin 00)1106e of thlb rdinahce, The O�i yCotinoil,beteby:de- q clares that it Would have passed his QrdiApg66, and' bh section, subdWon,.pt r raph,.,E sentence, clause and phrase thereof, irrespective of'the fact that any one (or rnc� sec -1„ tion, subdivision, paragraph, sentence, clause or phrase'had been deolare invalidor un-, constitutional SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (151 days after its adoption in the Anaheim Bulletin, a newspa-" per of general circulation, published and circulated in the City of Anaheim. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage: THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 22nd day of November, 2016, and thereafter passed and ado ted at a regular meeting of said City Council held on the 20th day of December; 2016, by the,following roll call vote: AYES; Mayor Taft and Council Members Vanderbilt, Murray, Barnes, Moreno, Mng, and Faessel NOES: None ABSENT: None ABSTAIN: None' CITY OF ANAHEIM By: __/s/ ATTEST: MAYOR OF THE CITY OF ANAHEIM _Js/ CITY CLERK OF THE CITY OF ANAI EIM 119349-v2/TJR Publish: Anaheim Bulletin December 29, 201610225248