6158ORDINANCE NO. 6158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING ADJUSTMENT NO. 11 TO THE
NORTHEAST AREA SPECIFIC PLAN NO. 94-1 AND
AMENDING ORDINANCE NO. 5517, AS PREVIOUSLY
AMENDED, AND AMENDING SUBSECTION.050, OF SECTION
18.120.080 CHAPTER 18.120 OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO DEVELOPMENT AREA 3
(THE CONVERSION OF A FREESTANDING FULL-SERVICE
RESTAURANT TO A NIGHTCLUB)
WHEREAS, on August 22, 1995 the City Council of the City of Anaheim
approved Resolution No. 95R-155 to approve Specific Plan No. 94-1, the Northeast Area
Specific Plan, for the 2,645 -acre area generally bounded by the Riverside (SR -91) Freeway on
the south, the Orange (SR -57) Freeway on the west, Orangethorpe Avenue on the north and
Imperial Highway on the east; and that on September 12, 1995 the City Council adopted
Ordinance Nos. 5517 and 5518 to add Chapter 18.110 "Specific Plan No. 94-1(SP 94-1) -
Northeast Area" to the Anaheim Municipal Code relating to zoning and development standards
for the Northeast Area Specific Plan, and to amend the Zoning Map by incorporating said 2,645 -
acre area into the SP 94-1 Zone; and
WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5563.
amending Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive
vehicle repair as conditional uses in Development Area 4 "Transit Core" of the Northeast Area
Specific Plan ("Adjustment No. V); and
WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5564
amending Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive
vehicle repair as conditional uses in Development Area 4 "Transit Core" of the Northeast Area
Specific Plan ("Adjustment No. 2"); and
WHEREAS, on June 11, 1996 the City Council adopted Ordinance No. 5565
amending Ordinance No. 5517 and Chapter 18.110 pertaining to eating and drinking
establishments in the Northeast Area Specific Plan ("Adjustment No. 3"); and
WHEREAS, on August 20, 1996 the City Council adopted Ordinance No. 5574
amending Ordinance No. 5517 and Chapter 18.110 relating to deleting a time limitation for
churches in the Northeast Area Specific Plan ("Adjustment No. 4"); and
WHEREAS, on November 19, 1996, the City Council adopted Ordinance Nos.
5583 and 5585 to amend Ordinance No. 5574, nunc pro tunc, and to amend Chapter 18.110
relating to parcels identified as a paleontological resource; and
WHEREAS, on January 11, 2000 the City Council adopted Ordinance No. 5714
amending Ordinance No. 5517 and Chapter 18.110 relating to self service laundries in the
Northeast Area Specific Plan ("Adjustment No. 5"); and
WHEREAS, on April 18, 2000 the City Council adopted Ordinance No. 5728
amending Ordinance No. 5518 and Chapter 18.110 to amend the boundaries of Development
Area 5 (Commercial Area) and Development Area 2 (Expanded Industrial Area) at the northwest
corner of La Palma Avenue and Hancock Street in the Northeast Area Specific Plan
("Amendment No. 1 "); and
WHEREAS, on April 24, 2001 the City Council adopted Ordinance No. 5761
amending Ordinance No. 5517 and Chapter 18.110 relating to asphalt and concrete processing in
the Northeast Area Specific Plan ("Adjustment No. 6"); and
WHEREAS, on May 1, 2002 the City Council adopted Ordinance No. 5767
amending Ordinance No. 5517 and Chapter 18.110 relating to requirements for freeway -oriented
signs in the Northeast Area Specific Plan ("Adjustment No. 7); and
WHEREAS, on August 6, 2002 the City Council adopted Ordinance No. 5817
amending Ordinance No. 5517 and Chapter 18.110 to allow hospitals as conditional uses
Development Area 3 (La Palma Core) and Development Area 4 (Transit Core) in the Northeast
Area Specific Plan ("Adjustment No. 8"); and
WHEREAS, on June 17, 2003 the City Council adopted Ordinance No. 5865
amending Ordinance No. 5517 and Chapter 18.110 to allow new vehicle conversions in
Development Area 3 (La Palma Core) in the Northeast Area Specific Plan ("Adjustment No. 9");
and
WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5923
amending Ordinance No. 5518 and Chapter 18.110 to amend the Northeast Area Specific Plan
94-1 and certain Development Area boundaries ("Amendment No. 2"); and
WHEREAS, on September 12, 2006 the City Council adopted Ordinance No.
6033 amending Ordinance No. 5518 and Chapter 18.110 to amend the Northeast Area Specific
Plan 94-1 and certain Development Area boundaries ("Amendment No. 3"); and
WHEREAS, on August 22, 2006 the City Council adopted Ordinance No. 6031
amending Ordinance No. 5517 and Chapter 18.110 to allow hospitals by conditional use permit
in Development Area 4 (Transit Core) and fast food and take-out restaurants as primary
permitted uses in Development Area 5 (Commercial Area) in the Northeast Area Specific Plan
("Adjustment No. 10");
WHEREAS, on November 27, 2007 the City Council adopted Ordinance No.
6082 amending Ordinance No. 5518 and Chapter 18.110 to amend the Northeast Area Specific
Plan 94-1 and certain Development Area boundaries ("Amendment No. 4"); and
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WHEREAS, a verified petition was submitted by Juan Reynoso, as authorized
agent for Paul Nikolau, for Adjustment No. 11 to The Northeast Area Specific Plan 94-1
(SPN2009-00056, hereafter "Adjustment No. 11 ") to permit conversion of a freestanding, full-
service restaurant, to a nightclub as a conditionally permitted use in Development Area 3 "La
Palma Core" of the Northeast Area Specific Plan; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on July 8, 2009, at 2:30 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, Chapter 18.60, to hear and consider evidence for and against said
proposed Adjustment No. 11 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 on its behalf, and after due consideration
of all evidence and reports offered at said hearing, did make a motion recommending that the
City Council adopt Adjustment No. 11; and
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN that Adjustment No. 11 be, and the same is hereby approved; and that
Ordinance No. 5517 be, and the same is hereby amended to revise the Zoning And Development
Standards in Chapter 18.120 of the Anaheim Municipal Code as follows:
SECTION 1.
That subsection .050 of Section 18.120.080 of Chapter 18.120 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".050 Conditional Uses and Structures. The following buildings, structures and uses shall
be permitted in this development area, subject to a conditional use permit in compliance with
Chapter 18.66 (Conditional Use Permit).
0501 Ambulance services, with attendant living quarters.
.0502 Amusement park facilities located south of La Palma Avenue, including
but not limited to, miniature golf courses, water attractions, racetracks, amusement rides
and arcades.
.0503 Animal foods processing.
.0504 Animal hospitals and/or kennels.
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0505 Automobile car washes.
.0506 Bowling alleys, with or without alcohol sales.
0507 Buildings or structures in excess of sixty (60) feet in height.
.0508 Bus depots.
.0509 Child day care facilities which exclusively serve one or more businesses
located in this Specific Plan Area.
.0510 Communications stations and antennas (other than those permitted by
paragraphs 18.120.080.030.0309 and 18.120.080.030.0310), including amateur -operated
radio transmission towers and cellular communications facilities/towers, whether
mounted on the ground or on a structure. Maximum structural height shall be determined
by conditional use permit.
.0511 Explosives. Storage of any Class "A" or Class "B" explosives, or in
excess of twenty (20) pounds of Class "C" explosives.
.0512 Freestanding freeway -oriented signs.
.0513 Health spas and physical fitness centers in excess of four thousand (4,000)
square feet in area.
.0514 Helistops located less than one thousand (1,000) feet from any
residentially zoned parcel; Heliports.
0515 Hotels and motels.
.0516 Large collection facilities for recycling purposes, subject to the
requirements of Chapter 18.48 (Recycling Facilities).
.0517 Manufacturing operations not otherwise listed as a permitted use in this
development area, including but not limited to: acid, alcohol, ammonia, bleaching
powder, chlorine, asphaltic concrete, cement, lime, gypsum, plaster of Paris, explosives,
fertilizer, gas, glue, lampblack, synthetic rubber, and tar distillation or processing, brick
or concrete products, paint, oil, shellac, turpentine or varnish, oil cloth or linoleum, paper
pulp, polish, soap, soda and other compounds.
.0518 Metal smelting, refining or processing operations not otherwise listed as a
permitted use in this development area, including but not limited to: high temperature
smelting by blast furnaces or coke ovens, metal foundries, drop forge operations, or the
rolling and extrusion of ferrous metals.
0519 Private clubs, lodges and meeting halls.
C!
.0520 Private recreational facilities, indoor or outdoor, including but not limited
to, recreation courts and fields,
.0521 Public utilities or utilities operated by mutual agencies, consisting of
electrical substations, gas or conversion plants, with the necessary buildings, apparatus or
appurtenances incident thereto; but not including distribution mains, electric or telephone
wires or cables, or City -owned public utilities.
.0522 Restaurants, Enclosed or Semi -Enclosed (with or without cocktail lounges
and/or on -premises sale and consumption of alcoholic beverages; with or without public
entertainment), including drive-in, drive-through, take-out, walk-up or fast food. (Ord.
5565 § 52; June 11, 1996.)
0523 Retail carpeting and/or petroleum-based flooring businesses.
.0524 Retail sales, provided: (i) such uses are freeway -oriented; (ii) such retail
sales pertain to furniture, home building products, office supplies or products determined
to be similar by the Planning Commission or City Council; and (iii) the retail sales
portion of the business shall be a minimum of fifteen thousand (15,000) square feet.
.0525 Retail sales, provided the retail sales portion of the business shall be a
minimum of fifty thousand (50,000) square feet.
.0526 Rubber products, reclamation or processing, natural or synthetic.
.0527 Sales businesses which primarily serve and are compatible with industrial
uses, and which are not otherwise permitted uses in this development area pursuant to
subsection 18.120.080.010. For purposes of this section, any use which is found to
encourage retail of products or merchandise, or to attract customers other than industrial
users for industrial purposes permitted in this development area, shall not be deemed a
use which primarily serves and is compatible with industrial uses.
.0528 Service stations, automobile or truck, with or without convenience
markets, subject to the requirements of Section 18.38.070 (Automobile Service Stations)
of Chapter 18.38 (Supplemental Use Regulations); provided that, as a condition for the
granting of a conditional use permit for an automobile or truck service station, the
property owner shall record an unsubordinated covenant, satisfactory to the Planning
Director and City Attorney, agreeing to remove all structures, including underground
storage tanks, in the event that the station is closed for a period of twelve (12)
consecutive months. A service station shall be considered closed during any month in
which it is open for less than fifteen (15) days.
0529 Training centers, non -industrial.
.0530 Transmission stations, radio or television, including amateur -operated
radio transmission towers. Heights of antennas and/or towers associated with these uses
shall be determined by conditional use permit.
0531 Vehicle sales agencies and lots.
0532 Hospitals.
.0533 New vehicle conversion.
.0534 Conversion of a freestanding, full-service restaurant, established prior to
November 13, 2009, the effective date of Ordinance No. 6158, to a nightclub."
SECTION 2.
That except as expressly amended herein; Ordinance No. 5517 shall remain in full
force and effect.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of 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 4. 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 4. 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
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permitted by such person, firm or corporation, and shall be punishable therefore as provided for
in this ordinance.
SECTION 5. 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.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 22nd day of September , 2009, and
thereafter passed and adopted at a regular meeting of said City Council held on the 13th day
of October , 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OFA HEIM
By:
MAYOR OF THE Cl OF NAHEIM
ATTEST:
PM4
CITY CLERK OF THE CITY F ANAHEIM
74196M
VA
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:
October 22, 2009
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: October 22, 2009
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
SuMMANY Pibmi"noN
OrrY OF ANAHEIM
oRDINAMM NO. 1111,1138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AD-
JUSTMENT NO. 11 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1 AND
AMENDING ORDINANCE NO. 5517, AS PREVIOUSLY AMENDED, AND AMENDING
SUBSECTION 050 OF SECTION 18.120.000 CHAPTER 18.120 OF TITLE 18 OF THE
ANAHEIM MUNIC kC CODE RELATING TO DEVELOPMENT AREA 3 HE CONVER-
SION OF A FREESTANDING FULL-SERVICE RESTAURANT TO A NIGHTCLUB).
This ordinance approves Adjustment No. 11 to the Northeast Area Specific Plan SP94-
land amends Ordinance No. 5517 and subsection .050 of Section 18.120.080 of the
Anaheim Municipal Code to allow the conversion of a freestanding,full-service restau-
rant, established prior to November 13, 2009, the effective date of Ordinance No. 6158,
to a nightclub, subject to approval of a conditional use permit.
1, Linda N. Andal, City Clerk of theCity of Anaheim, do hereby certify that the foregoing
is a summary of Ordinance No. 9% which ordinance was introduced at a regular
-meeting o1 the City Council of the City of Anaheim on the 22nd day of September,
2009 and was duly passed and adopted at a regular meeting of said Council on the
13th day of October, 2009 by Me following roll call vote of the members thereof: _
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
The above summery is a brief description of the subject matter contained in the text of
Ordinance No. 6158, which has been prepared pursuant to Section 512 of the Chester
of the City of Anaheim. This summary does not include or describe every provision of
the ordinance and should not be refied on as a substitute for the full text of the ordi-
nance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There
is no charge for the copy.
Anaheim Bulletin October 22, 2009 9160156