5922ORDINANCE NO. 5922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AMENDMENT NO. 5 TO THE
ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 AND
AMENDING ORDINANCE NOS. 5453 AND 5454
ACCORDINGLY.
WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim
Municipal Code, on September 27,1994, the City council of the City of Anaheim adopted Ordinance
No. 5453 relating to establishment of Zoning and Development Standards for the Anaheim Resort
Specific Plan No. 92-2 by the addition of Chapter 18.48 to said Code; and
WHEREAS, pursuant to the procedures set forth in 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
WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599
amending Ordinance No. 5454, relating to Amendment No. 1 to the Anaheim Resort Specific Plan
No. 92-2, which amendment revised the legal description and boundaries of the Anaheim Resort
Specific Plan by reclassifying and incorporating a 4.67 -acre parcel into the Anaheim Resort Specific
Plan No. 92-2 Zone; and
WHEREAS, on October 12,1998, the Planning Commission denied Amendment No.
2 to the Anaheim Resort Specific Plan No. 92-2, to amend the Zoning and Development Standards
set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the addition of "Coffee House"
as a conditionally permitted accessory use in conjunction with an automobile service station and the
petition was subsequently withdrawn by the applicant at the January 26, 1999 City Council meeting;
and
WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685
amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan
No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter
18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect
the local street status of Convention Way; and
WHEREAS, on August 17, 1999 the City Council adopted Ordinance No. 5694,
amending Ordinance Nos. 5453 and 5454, relating to Amendment No. 3 to the Anaheim Resort
Specific Plan No. 92-2, which amendment revised the legal description and boundaries of the
Anaheim Resort Specific Plan by reclassifying and incorporating a 0.73 -acre parcel into the Anaheim
Resort Specific Plan No. 92-2 Zone; and
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No, 5703
amending Ordinance No. 5453 relating to Adjustment No. 2 to the Anaheim Resort Specific Plan
No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter
18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement for
properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of
the Anaheim Resort Specific Plan Area; and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769
amending Ordinance No. 5453 relating to Adjustment No. 3 to the Anaheim Resort Specific Plan
No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter
18.48 of the Anaheim Municipal Code relating to temporary parking requirements; and
WHEREAS, on April 26, 2004, the City Council adopted Ordinance No.
amending Ordinance No. 5453 relating to Adjustment No. 4 to the Anaheim Resort Specific Plan
No. 92-2, which adjustment proposes to amend 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, a fourth amendment to the Anaheim Resort Specific Plan No. 92=2, to
amend the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal
Code relating to streamlined project processing has been incorporated into the City's Zoning Code
Update; and
WHEREAS, Amendment 5 to the Anaheim Resort Specific Plan No. 92-2 covers an
approximate 27 -acre area (hereafter referred to as the expansion area) located immediately south of
the existing Specific Plan boundaries along the east and west sides of Harbor Boulevard between
Orangewood Avenue and the southern City limits including properties fronting along the following
streets (all frontage numbers are approximate): 1,363 feet adjacent to the west side and 2,641 feet
adjacent to the eaat side of Harbor Boulevard; 626 feet adjacent to the south side of Orangewood
Avenue. east and west of the centerline of Harbor Boulevard, 3 71 feet adjacent to the north and south
sides of Wilken Way, west of the centerline of Harbor Boulevard; 190 linear feet on the north side
and 608 linear feet on the south side, east of the centerline of Harbor Boulevard; and, 850 feet
adjacent to the north side of Chapman Avenue, east of the centerline of Harbor Boulevard. Property
addresses include 2101-2207 South Harbor Boulevard, 2100-2340 South Harbor Boulevard, 500-510
and 614 West Orangewood Avenue, 450, 460 and 620 West Wilken Way, and 421, 503, and 531
West Chapman Avenue, located in the City of Anaheim, County of Orange, State of California and
as depicted in Attachment A to this Resolution; and
WHEREAS, the City Council at a duly noticed public hearing on May 25, 2004 did
adopt its Resolution No. 2004R- amending Resolution Nos. 94R-236 and 94R-237, as previously
amended, relating to Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 Zone, which
amendment reclassifies and incorporates the subject properties within the expansion area from the
CL (Commercial, Limited), CH (Commercial, Heavy), CG (Commercial, General), RSA -43,000
2
(Residential/Agricultural), and PLD -M (Parking/Landscape District - Manufacturing) Zones to the
SP92-2 (Anaheim Resort Specific Plan, C-R District) Zone; amends Chapter 18.48 of the Anaheim
Municipal Code (Section 7.0 (Zoning and Development Standards) of the Specific Plan) to reflect
said reclassification as set forth in Zoning Code Amendment,No. 2004-00029; and, incorporates an
Addendum (Attachment B) into the Anaheim Resort Specific Plan document; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act
("CEQA"), on May 25, 2004, the Anaheim City Council, by its Resolution No. 2004R- , certified
Final Environmental Impact ReportNo. 330, adopting Findings of Fact and Statement of Overriding
Considerations, Mitigation Monitoring Program No. 122 for General Plan Amendment No.
2004-00419, the amended monitoring program described as Mitigation Monitoring Program No.
112 for The Platinum Triangle, and the amended monitoring program described as Mitigation
Monitoring Program No. 85a for The Anaheim Resort; determined that said Final Environmental
Impact Report No. 320 fully complies with CEQA, reflects the independent judgment of the City
Council, and is adequate to serve as the environmental documentation for (i) General Plan
Amendment No. 2004-00419, (ii) Zoning Code Amendment No. 2004-00029, (iii) Reclassification
No. 2004-00117, (iv) Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2, (v)
Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and (vii) future discretionary
actions described in Environmental Impact Report No. 330.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN 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 18.48 of the Anaheim
Municipal Code as incorporated into Zoning Code Amendment No. 2004-00029 and incorporated
herein by this reference.
cF("T1MJ
That Ordinance No. 5454, as previously amended, be and the same is hereby,
amended to:
1. , Revise the legal description and the depiction of the Legal Description Areas
set forth as Attachment A to Ordinance No. 5454 to add the subject properties in the expansion area
set forth in Attachment A to this Ordinance, which attachment is incorporated herein by this
reference; and,
2. Incorporate an Addendum into the Anaheim Resort Specific Plan No. 92-2
document as set forth in Attachment B to this Resolution, which attachment is hereby incorporated
herein as though set forth in full.
J
SFCTTnN I
That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and
the same is hereby, amended by rezoning and reclassifying the above described properties situated
in the City of Anaheim, County of Orange, State of California, as set forth in Attachment A to this
Ordinance, which is hereby incorporated herein as though set forth in full, from the CL (Commercial,
Limited), CH (Commercial, Heavy), CG (Commercial, General), RS -A-43,000 (Residential/
Agricultural), and PLD -M (Parking/Landscape District - Manufacturing) zones to the SP92-2
(Anaheim Resort Specific Plan, C-R District with a Low Density designation) zone, subject to the
following conditions:
1. That completion of these reclassification proceedings to amend the Anaheim Resort
Specific Plan No. 92-2 is contingent upon the City Council's adoption of General Plan Amendment
No. 2004-00419 and Zoning Code Amendment No. 2004-00029.
2. That the expansion area shall be subject to all of the conditions of approval adopted
by City Council on September 27, 1994 in connection with the prior approval of the Anaheim Resort
Specific Plan No. 92-2 as set forth in Ordinance No. 5454 and incorporated herein by reference.
3. That the expansion area shall be subject to all of the mitigation measures in
Mitigation Monitoring Plan No. 0085A as set forth by General Plan Amendment No. 2004-00419
and its associated Final EIR No. 330 and incorporated herein by reference.
SECTION 4. EXEMPTIONS
Nothing contained in this ordinance shall apply to certain projects submitted to the
City prior to the effective date of this ordinance, which may continue to completion subject to
existing development standards in effect on July 7, 2004, if they satisfy one of the following:
a. Any project that received a valid building permit as of 5 p.m. on the day before the
effective date of the ordinance, shall be permitted provided that construction shall have commenced
and shall be completed within a period of 365 days from the date the building permit was issued,
unless said time period is duly extended by the Building Official.
b. Nothing contained in this ordinance shall apply to any project that is in plan check
as of 5 p.m. on the day before the effective date of the ordinance. Such project shall be permitted
provided that a valid building permit shall have been obtained within a period of 180 days from the
date of the ordinance and construction shall have commenced and shall be completed within a period
of 365 days from the date the building permit is issued, unless said time period is duly extended by
the Building Official.
C. Nothing contained in this ordinance shall apply to any project that has obtained any
zoning entitlement (Administrative Adjustment, Conditional Use Permit, Tentative Parcel Map,
11
Tentative Tract Map, Variance, etc.) that has been approved by the Planning Commission, City
Council or Zoning Administrator as of 5 p.m. on the day before the effective date of the ordinance.
Said project shall be permitted provided that such project shall have commenced within the time
limitation specified in the Resolution adopted by the Planning Commission or the City Council, or
in the Decision if approved by the Zoning Administrator, unless said time period is duly extended
by the approval authority; and if a building permit is required, construction shall have commenced
and shall be completed within a period of 365 days from the date the building permit is issued, unless
said time period is duly extended by the Building Official. Previously -approved entitlements which
expire after the effective date of the ordinance and are not granted an extension of time by the
approval authority shall be subject to the new Zoning Code.
d. Nothing contained in this ordinance shall apply to any project that has submitted any
zoning entitlement (Administrative Adjustment, Conditional Use Permit, Tentative Parcel Map,
Tentative Tract Map, Variance, etc.) to the Planning Department and is deemed complete by staff
as of 5 p.m. on the day before the effective date of the ordinance. Said project shall be permitted
provided that the proposal is approved or conditionally approved by the Planning Commission, City
Council or Zoning Administrator; and that such project shall have commenced within the time
limitation specified in the Resolution adopted by the Planning Commission or the City Council, or
in the Decision if approved by the Zoning Administrator, unless said time period is duly extended
by the approval authority; and if a building permit is required, construction shall have commenced
and shall be completed within a period of 36S days from the date the building permit is issued, unless
said time period is duly extended by the Building Official.
SECTION 5
That the Citv Zoning Man shall be, and the same is hereby, amended and the
properties above-described shall be excluded from the zones in which the properties are now situated
and incorporated in and made a part of the Anaheim Resort Specific Plan No. 92-2 Zone as above
set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department
is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing
the changes hereby approved and adopted.
SECTION 6
That, except as expressly amended herein, Ordinance No. 5453 and 5454, as
previously amended, shall remain in full force and effect.
SECTION 7 SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of this Council that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 8 SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance if this
City shall in any manner affect the prosecution for violations of ordinances, which violations were
committed prior to the effective date thereof, nor be construed as a waiver of any license or penalty
or the penal provisions applicable to any violations thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and continuations, and not as new
enactments.
SECTION 9 PENALTY
It shall be unlawful for any person, firm or corporation to violate any provisions or
to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with any of its requirements shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or
by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty
of a separate offense for each day during any portion of which any violation of any of the provisions
of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall
be punishable therefore as provided for in this ordinance.
SECTION 10 CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same
to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in said City, and thirty (30) days from and after its
final passage, it shall take effect and be in full force.
0
3, �
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 25thday of May , 2004 , and thereafter
passed and adopted at a regular meeting of said City Council held on the .8th day of
June , 2004 , by the following roll call vote:
AYES: Mayor Curt Pringle Council Members, Tait, Chavez, Hernandez, McCracken
NOES: none
ABSENT: none
ABSTAIN: none
ATTEST:
ITY CLE { OF THE CITY OF ANAHEIM
54211. 1 \smannWay 18, 2004
7
CITY OAHEIM 0
By
ITY
MAY R OF THE F ANAHEIM
Attachment A
Anaheim Resort Specific Plan Expansion Area
Legal Description
_.-
F'
s -
Attachment B
Addendum to the Anaheim Resort Specific Plan No. 92-2
Anaheim Resort Expansion Area
Specific Plan Amendment No. 5
On June _, 2004, The Anaheim City Council adopted Ordinance No. approving Amendment No. 5 to
the Anaheim Resort Specific Plan No. 92-2, incorporating approximately 26.4 acres along Harbor Boulevard,
south of Orangewood Avenue, to the Anaheim City Limits (see Exhibit A — Specific Plan Expansion Area), into
the approximate 555 -acre Anaheim Resort Specific Plan Zone, C-R District (see Exhibit B — Development
Summary Plan), increasing The Anaheim Resort to 1,078 acres (See Exhibit C — The Anaheim Resort
Boundaries).
Land Use
Existing land uses within the expansion area at the time of the amendment include a mix of commercial uses
including hotels, restaurants, retail and professional offices (see Exhibit D — Existing Land Use).
Zoning Designations
Prior to reclassification to the SP92-2 (Anaheim Resort Specific Plan No. 92-2) Zone, properties within the
expansion area were designated CL (Commercial, Limited), CH (Commercial, Heavy), CG (Commercial,
General), RSA -43,000 (Residential/Agricultural), and PLD -M (Parking/Landscape District - Manufacturing) (see
Exhibit E — Zoning Prior to Reclassification to the SP 92-2 Zone).
Permitted Uses
Properties within the expansion area may develop per the land use and development standards of the
Commercial Recreation (C-R) District (Code Section 18.116.070). However, hotels and motels, which are
permitted primary uses and structures within the C-R District, north of Orangewood Avenue, require
a conditional use permit when developed south of Orangewood Avenue within the expansion area.
Development Density
The expansion area is designated Low Density (see Exhibit F — C-R District Development Density Plan), which
allows for up to 50 hotel/motel rooms per gross acre or 75 hotel/motel rooms per lot or parcel existing on the
date of adoption of Amendment 5, whichever is greater. This density designation will allow for up to
approximately 2,775 hotel/motel rooms to be built in the expansion area and up to approximately 28,675
hotel/motel rooms to be built within the Anaheim Resort Specific Plan area.
Public Facilities/Mitigation Monitoring Program
EIR No. 330 in conjunction with GPA 2004-00419 (2004 General Plan Update) analyzed public improvements
and other related environmental impacts for the amended area. Mitigation Monitoring Program No. 0085A was
created for the amended area and specific mitigation monitoring plans will be created, incorporating mitigation
measures within the monitoring program, for new development within the amended area.
Public Realm
The Public Works Department will determine improvements required within the public realm. For further
information, please contact the Public Works Department.
Building Height Limitations
The maximum structural height of any building or structure within the expanded area, including roof -mounted
equipment, shall not exceed the maximum height defined by the Anaheim Commercial Recreation Area
Maximum Permitted Structural Height Map for the intersection of Harbor Boulevard and Orangewood Avenue;
however, any building located adjacent to a residential zone is limited to a maximum building height equal to
one-half the distance from the building to the residential zone boundary, unless otherwise approved by a
conditional use permit.
Building Setbacks Adiacent to Public Right -of -Way
The minimum building setback along Harbor Boulevard, Orangewood Avenue and Chapman Avenue is
consistent with setback requirements for properties located adjacent to Major, Primary and Secondary Arterial
Roads. The minimum setback for buildings seventy-five feet tall or'less shall be 20 feet; for buildings greater
than seventy-five feet, the minimum setback shall be 30 feet. The minimum building setback adjacent to
Acama Street, Mallul Drive and Wilken Way are consistent with setback requirements for local streets. The
minimum setback for buildings three stories or less shall be ten feet; for buildings greater than three stories, the
minimum setback shall be twenty feet.
Tree Density
Tree densities within required setbacks along Harbor Boulevard, Orangewood Avenue and Wilken Way shall
be "Moderately Dense", with the exception of that portion of Wilken Way where said street is also the boundary
of the specific plan; setbacks along this boundary and all other setbacks of the amended area that are adjacent
to the specific plan boundary shall have a tree density of "Very Dense" (see Exhibit G — Tree Density Plan).
Legal Non -Conforming Signs
Signs and/or any other advertising displays or structures which do not comply with the Anaheim Resort
Specific Plan shall be removed, altered or replaced within fifteen years after the adoption of Amendment No. 5
or on or before December 31, 2019, whichever is later. However, the abatement will not be required unless the
owner of said sign has received advance written notice from the Planning Director requiring the removal or
alteration of sign.
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Exhibit A
SPECIFIC PLAN EXPANSION AREA
LEGEND
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SPECIFIC PLAN EXPANSION AREA
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EXISTING LAND USE
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TREE DENSITY PLAN
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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:
June 17, 2004
"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: June 17, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO 5922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 5 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92 AND AMENDI.dr_; ORDINANCE Nr >= AN. 5454 A,_
WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anahcim Municipal Code, on September 27. 1994, the City council of the City of Anaheim adopted Ordinance No 5453 relahny to stabli ianent of , n,
ment Standards for the Anaheim Resort Specific Plan No. 92-2 by the addition of Chapter 18.48 to said Code; and
WHEREAS, pursuant to the procedures set forth in 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 ,',a zoning map to +classif, ..ert, . e
at property described therein into the Anaheim Resort Specific Plan No. 92-2 Zone subject to certain cnndit`ons as specified therein; and
WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454, relating to Amendment No. 1 to the Anaheim Resort Specific Plan No. 92-2which amendment revised the legal description end
detest of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67 -acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone: and
WHEREAS, on October 12, 1998, the Planning Commission denied Amendment No. 2 to the Anaheim Resort Specific Plan No. 92-2, to amend the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal code
relating -to the addition of "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station and the petition was subsequently withdrawn by the applicant at the January 26. 1999 City Council meeting
' and
WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development.
Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local street status of Convention Way: and
WHEREAS, on August 17, 1999 the City Council adopted Ordinance No. 5694, amending Ordinance Nos. 5453 and 5454, relating to Amendment No. 3 to the Anaheim Resort Specific Plan No. 92-2which amendment reviser• the legal descrc
tion and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 0.73 -acre parcel into the Anaheim Resort Specific Plan No 92-2 Zone; and
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 amending Ordinance No. 5453 relating to Adjustment No, 2 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Develop
ment 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 Karelia Avenue and the southern boundary of the Anaheir
Resort Specific Plan Area; and
. WHEREAS, on May 1, 2001. the City Council adopted Ordinance No. 5769 amending Ordinance No. 5453 relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zorl and Develoome,
Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary parking requirements; and
WHEREAS, on April 27, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the Anaheim Resort Specific Plan No. 92-2, which adjustment proposes to amens: '.he Zoning a
velopment Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non -conforming building; and
WHEREAS. a fourth amendment to the Anaheim Resort Specific Plan No. 92-2, to amend the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal. Code relating to streamlined project processinc has
incorporated into the City's Zoning Code Update; and
WHEREAS, Amendment 5 to the Anaheim Resort Specific Plan No. 92-2 covers an approximate 27 -acre area (hereafter referred to as the expansion area) located immediately south of the existing Specific Plan boundaries along the eas., and
west sides of Harbor Boulevard between Orangewood Avenue and the southern City limits including properties fronting along the following streets (all frontage numbers are approximate): 1,363 feet adjacent to the west side and 2,641 fee: id,'�
cent to the east side of Harbor Boulevard; 626 feet adjacent to the south side of Orangewood Avenue, east and west of the centerline of Harbor Boulevard, 371 feet adjacent to the north and south sides of Wilken Way, west of the centerline o' Hai -
bor Boulevard; 190 linear feet on the north side and 6�8 linear feet on the south side, east of the centerline of Harbor Boulevard; and, 850 feet adjacent to the north side of Chapman Avenue, east of the centerline of Harbor Boulevard. Prope,'; ar
dresses include 2101-2207 South Harbor Boulevard, 2100-2340 South Harbor Boulevard, 500-510 and 614 West Orangewood Avenue, 450, 460 and 620 West Wilken Way, and 421, 503, and 531 West Chapman Avenue, located in she City
helm, County of Orange, State of California and as depicted in Attachment A to this Resolution; and
WHEREAS, the City Council at a duly noticed public hearing on May 25, 2004 did adopt its Resolution No. 2004-97 amending Resolution Nos. 94R-236 and 94R-237, as previously amended, relating to Amendment No. 5 a Ie A .a,, t,.
sort Specific Plan No. 92-2 Zone, which amendment reclassifies and incorporates the subject pproperties within the expansion area from the CL (Commercial Limited), CH (Commercial, Heavy), CC: (Commercial, Cener-q `?SA O'.'"
(Residential/Agricutturaq, and PLD -M (PerkinglLandscape District - Manufacturing) Zones to the SP 2-2 (Anaheim Resort Specific Plan, C-R District) Zone; amends Chapter 18.48 of the Anaheim Municipal Cade (Section 7.0 (Zonng aro De..�iae
ment Standar s) of the Specific Plan) to reflect said recllassification as set forth in Zoning Code Amendment No. 2004-00029; and, incorporates an Addendum (Attachment B) into the Anaheim Resort Specific Plan document, a,c
WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA") on May 25, 2004, the Anaheim City Council by its Resolution No. 2004-94, certified Final Environmental Impact Report No. 330. adooti - c.
of Fact and Statement of Overriding Considerations, Mitigation Monitoring Program No. 122 for General Plan Amendment No. 2004-00419, the amended monitoring program described as Mitigation Monitoring Program No. 112 for T ie P11
' .
angle, and the amended monitoring program described as Mitigation Monitoring Program No. 85a for The Anaheim Resort; determined that said Final Environmental Impact Report No. 320 fully complies with CE A, reflects the. indepe Ice 1c
merit of the City Council, and is adequate to serve as the environmental documentation for (i) General Plan Amendment No. 2004-00419, (ii) Zoning Code Amendment No. 2004-00029. (iii) Reclassification Nc. 2004-00117, (iv) Amend, ,'.
the Anaheim Resort Specific Plan No. 92-2, (v) Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and (vii) future discretionary actions described in Environmental Impact Report No. 330.
NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN 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 18.48 of the Anaheim Municipal Code as incorpora7ed into Zoning Coce Amar r,(
2004-00029 and incorporated herein by this reference.
SECTION 2
That Ordirance No. 5454, as previously amended, be and the same is hereby,. amended to:
1. Revise the legal description and the depiction of the Legal Description Areas set forth as Attachment A to Ordinance No. 5454 to add the subject properties in *.he expansion area set forth In Attachmem � to this Ordinam, wr ii.r -
is incorporated herein by this reference; and,
2. Incorporate an Addendum into the Anaheim Resort Specific Plan No. 92-2 document as set forth in Attachment B to this Resolution, which attachment is hereby incorporated herein as though set forth lull.
SECTION 3
That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended la rezoning and reclassifying the above described properties situated in the City of Anahe m, County of Orar ge eta •r•
nia, as set forth in Attachment A to this Ordinance, which is hereby incorporated herein as though set forth in full, from the CL (Commercial, Limited), CH (Commercial, Heavy). CG (Commercial, General). RS -A-43,000 (Res-centi it ,
and PLD -M (Parking/Landscape District - Manufacturing) zones to the SP92-2 (Anaheim Resort Specific Plan, C-R District with a Low Density designation) zone, subject to the following conditions:
1. That completion of these reclassification proceedings to amend the Anaheim Resort Specific Plan No. 92-2 is contingent upon the City Council's adoption of General Plan Amendment No. 2004-004'9 and Zoning Co(e A=ier
2004-00029.
2. That the expansion area shall be subject to all of the conditions of approval adopted by City Council on September 27, 1994 in connection with the prior approval of the Anaheim Resort Specific Plar No. 92-2 as set fo-h ir. O
5454 and incorporated herein by reference.
3. That the expansion area shall be subject to all of the mitigation measures in Mitigation Monitoring Plan No. 0085A as set forth by General Plan Amendment No. 2004-00419 and its associated Final EIR Pio 330 and incorporatec h
erence.
SECTION 4. EXEMPTIONS-
Nothing contained in this ordinance shall apply to certain projects submitted to the City prior to the effective date of this ordinance, which may continue to completion subject to existing development staidards !n effect o:,. July i.. -..
satisfy one of the following:
a. Any pro act that received a valid building permit as of 5 p.m m
on the day before the effective date of the ordinance, shall be permitted provided that construction shall have commenced and shall be completed within a per o, '•r is
from the date tie building permit was issued, unless said time period is duly extended by the Building Official.
b. Nothing contained in this ordinance shall apply to any project that is in plan check as of 5 p.m. on the day before the effective date of the ordinance. Such project shall be permitted provided that a ve. id building permit shah ha� e
tained within a period of 180 days from the date of the ordinance and construction shall have commenced and shall be completed within a period of 365 days from the date the building permit is issued, unles-s said time period s d ilv e.'-. -
the Building Official. r .
c. Nothing contained in this ordinance shall apply to any project that has obtained any zoning entitlement {Administrative Adjustment, Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map. )ariance, etc.) that has nae
by the Planning Commission, City Council or Zoning Administrator as of 5 p.m. on the day before the effective date of the ordinance. Said project shall be permitted provided that such project shall have commenced within the time unit-, �•:
fied in the Resolution adopted by the Planning Commission or the City Council, or in the Decision if approved by the Zoning Administrator, unless said time period is duly extended by the approval authority: and if a building permit rs rey, c
struction shall have commenced and shall be completed within a period of 365 days from the date the building permit is issued, unless said time period is duly extended by the Building Official Previously -ac proved entitlements w . ch e,.l:
the effective date of the ordinance and are not granted an extension of time by the approval authority shall be subject to the new Zoning Code.
d. Nothing contained in this ordinance shall apply to an project that has submitted any zoning entitlement (Administrative Adjustment, Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map. Variance, etc.) to the Flanr
ment and is deemed complete by staff as of 5 p.m. on the day before the effective date of the ordinance. Said project shall be permitted provided that the proposal is approved or conditionally approved by the Planning Commission, . i r ' n
or Zoning Administrator; and that such project shall have commenced within the time limitation specified in the Resolution adopted by the Planning Commission or the City Council, or in the Decision if approved by the Zoning Adn irnstr r
said time period is duly extended by the approval authority; and if a building permit is required, construction shall have commenced and shall be completed within a period of 365 days from the date the building permit is issued nle ., s
period is duly extended by the Building Official.
SECTION S
That the City Zoning Map shall be, and the same is hereby, amended and the properties above-described shall be excluded from the zones in which the -properties are now situated and incorporated ir, and made a part of the Ana
Specific Plan No. 92-2 Zone as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning ry acv r
changes hereby approved and adopted.
SECTION 6
Thatexcept as expressly amended herein, Ordinance No. 5453 and 5454, as previously amended, shall remain in full force and effect.
SECTION 7 SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid. it s the intent of this Council !!Ai .,.,r.
have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 8 SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance If this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be ccs--sti arts
as a waiver of any license or penalty or the penal provisions applicable to any violations thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City re!atir.cto the
same subject matter, shall be construed as restatements and continuations, and not as new enactments.
SECTION 9 PENALTY
It shall be unlawful for any person, firm or corporation to violate any provisions or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or ailing b� ipi
with any of its requirements s
I be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1.000.00) or by imprisonment not exceeding six (6) months or by bar �,us.�
fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or perm -.:,-d = v
such person, firm or corporation, and shall be punishable therefore as provided for in this ordinance.
SECTION 10 CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once withinjifteen (15) days atter its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulates sa
City, and thirty (30) days from and after its final passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 25th day of May, 2004, and thereafter passed and adopted at a regular meeting of said City Council held:: r ane 8tr
day of June, 2004, by the following roll call vote:
AYES: MAYOR/COUNCILMEMBERS: Pringle, Tait, Hernandez, Chavez, McCracken
NOES: MAYOR/COUNCILMEMBERS: None
ABSENT: MAYOR/COUNCILMEMBERS: None
ABSTAIN: MAYOR/COUNCILMEMBERS: None
ATTEST:
CITY CLERK OF THE CITY.OF ANAHEIM
Anaheim Bulletin June17, 2004 _ 25-641 - ___ _6234647
CITY OF ANAHEIM
By'MAYOR OF THE CITY O� ANAHEIM