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5948ORDINANCE N0. 5948 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE PLATINUM TRIANGLE WHEREAS, on May 25, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in conjunction with the approval of Zoning Code Amendment No. 2004-00029, Reclassification No. 2004-00117, Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 (SPN 2004-00023), Amendment No. 2 to the Northeast Area Specific Plan No. 94-1 (SPN 2004-00024), and other related actions; and in conjunction therewith adopted Resolution No. 2004-94 certifying Final EIR No. 330, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and Zoning Code Update, the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program No. 0085a for the Anaheim Resort Expansion Area) associated with the project ("Final EIR No. 330"); and WHEREAS, General Plan Amendment No. 2004-00419 provided for a comprehensive citywide General Plan Update which included redesignating land uses within an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to "The Platinum Triangle") from Commercial Recreation and Business Office/Mixed Use/Industrial to fixed Use, OffC.e High, Office Low, Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (I-5) Freeway, north of Katella Avenue; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (as set forth in Goal 15.1 of the Land Use Element); and WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-178 approving The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2004-00084) as an implementation tool to realize the City's vision for The Platinum Triangle in conjunction with the approval of Zoning Code Amendment No. 2004-00032, the form of The Platinum Triangle Standard Development Agreement (Miscellaneous Case No. 2004-00085), rescission of the Anaheim Stadium Master Land Use Plan (Miscellaneous Case No. 2004-00083) and associated Zoning Reclassifications (Reclassification Nos. 2004-00127 through 2004-00130); and WHEREAS, on August 24, 2004, the City Council of the City of Anaheim adopted Ordinance No. 5935, pertaining to Zoning Code Amendment No. 2004-00032, which replaced Chapter 20 of Title 18 of the Anaheim Municipal Code (formerly the Sports Entertainment (SE) Overlay Zone) in its entirety with the Platinum Triangle Mixed Use (PTMU) Overlay Zone, and Ordinance Nos. 5936 and 5937 pertaining to associated Zoning Reclassification Nos. 2004-00129 and 2004-00130; and WHEREAS, pursuant to Chapter 18.76 of the Anaheim Municipal Code, provisions of Title 18 may be amended to enhance and preserve the general welfare, when adopted by an ordinance of the City Council in the manner prescribed by law; and WHEREAS, pursuant to subsection .020 of Section 18.76.030 of the Anaheim Municipal Code, the Planning Director did initiate an amendment to Title 18 for the purpose of replacing references to the Anaheim Stadium Area and the Sports Entertainment (SE) Overlay Zone with The Platinum Triangle and The Platinum Triangle Mixed Use (PTMU) Overlay Zone and to provide consistency between Title 18 and The Platinum Triangle Master Land Use Plan; and WHEREAS, the City Planning Commission, having reviewed the text amendments initiated by the Planning Director, and having considered the evidence submitted in the Staff Report to the Planning Commission dated September 20, 2004 pertaining to the text amendments, did recommend, by motion, that the City Council approve Zoning Code Amendment No. 2004-00035; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), on September 20, 2004, the City Planning Commission, as lead agency for Miscellaneous Case No. 2004-00087 (the Rescission of Resolution Nos. PC 2004-80 and PC 2000-14) and Zoning Code Amendment No. 2004-00035 (the "Proposed Actions"), based upon its independent review of the Initial Study prepared in connection with the Proposed Actions, and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in Final EIR No. 330, and associated Mitigation Monitoring Programs, did find and determine, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal, no new mitigation measures or alternatives are required, and that the Proposed Action is within the Scope of Final EIR No. 330, and that the previously -certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Proposed Actions, including the subject proposal, and satisfy all of the requirements of CEQA; that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the O -H and O -L Zones, Initial Studies for those projects shall be prepared in compliance with CEQA requirements to determine whether additional environmental documentation will need to be prepared. 2 WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zoning Code Amendments; and WHEREAS, the City Council desires to amend Title 18 of the Anaheim Municipal Code to further implement the General Plan and to enhance and preserve the general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .120 of Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".120 Additional Provisions for Accessory Uses in "PR" Zone. The provisions of this section apply in addition to the provisions in Table 14-B above. The following accessory uses may be conducted only where incidental to and integrated within a primary use complex: 1201 Concession stands, restaurants and shops; 1202 Athletic equipment shops; 1203 Specialty and souvenir shops; .1204 Such other compatible uses as may be permitted from time to time by the City Council. i2O5 Signs; provided however, that any sign owned, operated or maintained by an entity other than the City of Anaheim shall be permitted only if a conditional use permit for such sign is first approved pursuant to the provisions of Chapter 18.66 (Conditional Use Permits). Notwithstanding the foregoing, within the area subject to Area Development Plan No. 120, signs shall be as approved by the City Council, provided the City Council finds such sign(s) to be (a) compatible with the other uses and signs in Sportstown Anaheim and (b) in conformance with The Platinum Triangle Master Land Use Plan, a copy of which is on file in the Office of the City Clerk, and Chapter 18.20." SECTION 2. That Section 18.20.020 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.20.020 APPLICABILITY. .010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres generally bounded by the Santa Ana River on the east, the Anaheim City 3 limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north. The PTMU Overlay Zone covers an area consisting of approximately three hundred and seventy-five (375) acres within The Platinum Triangle, as depicted in Figure 3 (General Plan Designations) of The Platinum Triangle Master Land Use Plan approved by the City Council on August 17, 2004, and on file in the Office of the City Clerk, said Figure 3 is incorporated herein by this reference as though set forth in full. .020 Applicable Regulations. The provisions of this chapter shall supersede the corresponding regulations of the underlying zones, except as provided below. .030 Option to Use Underlying Zone. The provisions of this chapter shall not apply to parcels that have been or are proposed to be developed entirely under the underlying zone, provided that all requirements of the underlying zone are met by the project except as specifically approved otherwise by variance or other official action by the City." 4 SECTION 3. That Table 20-B in Section 18.20.030 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: Table 20-B P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required THE PLATINUM TRIANGLE N Prohibited MIXED USE (PTMU) OVERLAY ZONE GF Ground Floor Commercial PTMU GF Special Provisions Amusement Devices Animal Keeping Antennas—Private Transmitting Antennas—Receiving Caretaker Units Day Care—Large Family Day Care—Small Family Fences & Walls Home Occupations Landscaping & Gardens Mechanical Utility and Equipment— Ground Mounted Mechanical Utility and Equipment — Roof Mounted Murals Parking Lots & Garages Portable Food Carts Recreation Buildings & Structures Signs Solar Energy Panels Vending Machines P Subject to Chapter 4.14 (Amusement devices) P Subject to Section 18.38.030 (Animal keeping) P Subject to Section 18.38.040 (Antennas — private transmitting) P Subject to Section 18.3 8.050 (Antennas —receiving) C Subject to Section 18.38.090 (Caretaker units) C Subject to Section 18.38.140 (Large family day care homes) P P This use may occur on a lot with or without a primary use P Subject to Section 18.38.130 (Home occupations) P Subject to Chapter 18.46 (Landscaping and screening) P Subject to Section 18.38.160 (Mechanical and utility equipment — ground mounted) P Subject to Section 18.38.170 (Mechanical and utility equipment — roof mounted) and Section 18.20.150 (Design standards) of this chapter P/C Permitted when not visible from right-of-way or adjacent properties. Conditional use where visible from any public right-of-way or adjacent properties. P C P GF P Subject to Chapter 18.44 (Signs) and section 18.20.160 (Signs) of this chapter P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks SECTION 4. That Table 20-H in Section 18.20.090 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Permitted Street Minimum Setback Encroachments Required Landscape Katella 18 feet Patios: 8 feet ■ The area between residential patios and the Avenue sidewalk/walkway (see below) shall be fully Residential landscaped buildings: 3 feet* ■ Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Ground floor ■ A date palm matching the date palm in the public commercial: 4 feet right-of-way in spacing and height shall be installed 5 feet from the right-of-way as indicated on the Platinum Triangle Master Land Use Plan State ■ South of Gene Autry Way : 13 feet Patios: 8 feet ■ The area between residential patios and the College ■ North of Gene Autry Way to railroad sidewalk/walkway (see below) shall be fully Boulevard grade separation: 16 feet Residential landscaped ■ North of railroad grade separation: buildings: 3 feet* ■ Adjacent to ground floor commercial uses, up to 80% 20 feet of the setback area may be paved Ground floor . A 2.5' walkway shall be provided adjacent to ROW, commercial: 4-8 scored to match adjacent sidewalk and an easement feet provided to the City, north of Gene Autry Way to the railroad grade separation Gene Autry 12 feet Patios: 5 feet ■ The area between residential patios and the Way sidewalk/walkway (see below) shall be fully Residential landscaped buildings: 3 feet* ■ Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Ground floor ■ A 2.5' walkway shall be provided adjacent to ROW, commercial: 5 feet scored to match adjacent sidewalk and an easement provided to the City * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation [.1 Table 20-H (Continued) STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Permitted Street Minimum Setback Encroachments Required Landscape Orangewood West of State College Blvd: 12 feet Patios: 8 feet ■ The area between residential patios and the Avenue sidewalk/walkway (see below) shall be fully East of State College Blvd: 15 feet Residential landscaped buildings: 3 feet* ■ Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Ground floor ■ A 2.5' walkway shall be provided adjacent to ROW, commercial: 8 feet scored to match adjacent sidewalk and an easement provided to the City, east of State College Blvd. Douglass 14 feet Patios: 8 feet ■ The area between residential patios and the sidewalk Road shall be fully landscaped Residential ■ Adjacent to ground floor commercial uses, up to 80% buildings: 3 feet* of the setback area may be paved FA Ground floor commercial: 3 feet Railroad 10 feet None ■ Setback area shall be fully landscaped ROW Market 10 feet Ground floor ■ A maximum 30% of setback area may be landscaped Street commercial: 4 feet Connector 10 feet Patios: 7 feet ■ The area between residential patios and the sidewalk Streets/ shall be fully landscaped Wright Residential ■ Adjacent to ground floor commercial uses, up to 80% Circle/ buildings: 3 feet* of the setback area may be paved Private Streets Ground floor commercial: 3 feet Alleys 10 feet Patios: 2 feet A minimum 4 -foot -wide pedestrian walkway shall be provided parallel to the alley. Residential buildings: 2 feet* Ground floor commercial: 2 feet Freeways 25 feet None Setback area shall be fully landscaped FA SECTION 5. That subsection .020 of Section 18.24.030 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Exceptions. With the exception of the requirements specified below, the regulations of this chapter shall not apply to parcels being developed entirely in compliance with the development standards of the underlying zone and where an ordinance has not been adopted to reclassify property into the (SABC) Overlay Zone, provided that: .0201 All requirements of the underlying zone are being met by the project, except as specifically approved otherwise in conjunction with a conditional use permit, variance or administrative adjustment permitted pursuant to Chapter 18.66 (Conditional Use Permits), Chapter 18.74 (Variances), and Chapter 18.62 (Administrative Reviews). .0202 Off -premise sale of alcohol is prohibited in the (SABC) Overlay Zone except (i) as an accessory use to a hotel or (ii) markets or grocery stores having an interior building floor area of greater than thirty thousand (30,000) square feet. .0203 Except as provided in subsection 18.40.060.080 (Automatic Exemptions) of Chapter 18.40 (General Development Standards), where a building permit is sought for any development project in the SABC Overlay Zone, landscaping shown on the South Anaheim Boulevard Master Plan of Landscaping ("The "Master Plan") as approved by the Anaheim Redevelopment Agency on August 29, 2000, shall be planted in the size and at the spacing described in the Master Plan. Landscaping plans shall be submitted to the Planning Director and the Executive Director of Community Development for a determination that the proposed plan is consistent with the Master Plan. The Planning Commission may grant variances from the requirements of the Master Plan pursuant to the provisions of Chapter 18.74 (Variances). .0204 Any signs or billboards installed or erected shall comply with the provisions of Section 18.24.120 (Sign Standards), except as that the following shall be applicable to business signs permitted within commercial or industrial zones: .01 Properties located south of Ball Road. Freestanding signs up to twenty five (25) feet in height in conformance with Section 18.44.080 (Freestanding and Monument Signs- General) shall be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .02 Properties located north of Ball Road. Signage shall be limited to freestanding or monument type signs in conformance with Section 18.44. 100 (Freeway -Oriented On -Site Signs). .0205 All applications submitted for projects that lie within the (SABC) Overlay Zone area and that also lie within the boundaries of the Commercial/ Industrial Redevelopment Project Area shall be forwarded to the Community 0 Development Department for review. The Executive Director of Community Development shall review each application, meet and consult with the applicant with respect to the neighborhood compatibility and design features of the proposed project, and propose changes where necessary to promote high quality urban design. The Executive Director of Community Development shall propose, the Planning Commission shall review, and the Redevelopment Agency shall adopt design guidelines to assist in the review of applications. .0206 Properties located east of the Santa Ana Freeway (I-5) and south of the Southern California Edison transmission line right-of-way shall comply with the standards set forth in Section 18.40.050 (Special Area Setbacks). .0207 Properties within the Anaheim Colony, which is defined as the area bounded by North Street, East Street, South Street, and West Street, shall be subject to The Anaheim Colony Vision, Principles and Design Guidelines." E SECTION 6. That Section 18.40.050 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.40.050 SPECIAL AREA SETBACKS. .010 Minimum Setback Requirements. Every building, building site, addition equal to twenty-five percent (25%) or more of the gross area of an existing building or building site fronting on the following streets, shall have an open setback area extending for the full width of the property. This setback shall be parallel to the centerline of the street and shall be measured from the planned highway right-of-way line as designated on the circulation element of the General Plan and shall be of such depth as indicated in Table 40-A (Special Area Setbacks) below. Table 40-A Special Area Setbacks 18 Streets Minimum Setbacks (feet) Anaheim Way 20 Cerritos Avenue west from Douglass Road to the Southern 20 California Edison Company easement 12 Feet (west of State College Blvd.) Douglass Road south from Cerritos Avenue to Katella Avenue 12 Gene Autry Way west from State College Boulevard to the 12 Santa Ana Freeway (Interstate 5) zone is "PR" Public Recreation) Howell Avenue west from Katella Avenue to State College 20 Boulevard Katella Avenue west from the east city limits to the Santa Ana 18 Freeway (Interstate 5) Lewis Street south from the Southern California Edison 20 Company easement to Anaheim Way Orangewood Avenue west from the east city limits to the Santa 12 Feet (west of State College Blvd.) Ana Freeway (Interstate 5) 15 feet (east of State College Blvd.)71/2 feet (where the underlying zone is "PR" Public Recreation) State College Boulevard south from the Southern California 13 feet (south of Gene Autry Way) Edison Company easement to the south City limits 16 feet (north of Gene Autry Way to the Railroad Grade Separation) 20 feet ( north of the Railroad Grade Separation) 15 feet (where the underlying zone is "PR" Public Recreation) Orange Freeway (State Route 57) south from the Southern 25 California Edison Company easement to the south City limits, including any freeway transition road and on-ramp or off -ramp 10 .020 Landscaping of Setback Areas. Required landscaping shall be provided in accordance with Chapter 18.46 (Landscaping) and The Platinum Triangle Master Land Use Plan. For properties within the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone, all required structural setbacks and yards adjacent to public streets and arterial highways shall be landscaped and permanently maintained with lawn, ground cover, shrubs and trees as specified in Chapter 18.20 (Overlay Zone). .030 Permitted Encroachments into Setback Areas. Permitted encroachments into setback areas shall be the same as in the underlying zone." CP9-T1nN I That Table 90-A in Section 18.90. 100 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Table 90-A ZONE CORRESPONDENCE 11 Single -Family Residential Zones Former Zoning Code Current ^",ulti le- Family, Residential Former Zoning Code RH-1 Single -Family Hillside, Residential RS -HS -43,000 Residential, Single -Family Hillside RH-2 Sin le-Famil Hillside, Residential RS -HS -22,000 Residential, Single -Family Hillside RH-3 I Single -Family Hillside, Residential RS -HS -10,000 Residential, Single -Family Hillside RS -1 Single -Family, Residential RS -10,000 Residential, Single -Family RS -2 Single -Family, Residential ! RS -7200 Residential, Single -Family RS -3 Single -Family, Residential RS -5000 Residential, Single -Family RS -4 Single -Family, Residential No Corresponding Former Zone Commercial Office and Professional Multiple—Family Residential Zones 11 Current Former Zoning Code DT;_1 ^",ulti le- Family, Residential Former Zoning Code No Corresponding Former Zone RM -2 Multiple- Family, Residential RM -3000 Residential, Multiple -Family RM -3 Multi le- Family, Residential RM -2400 Residential, Multiple -Family RM -4 I Multiple- Family, Residential RM -1200 Residential, Multiple -Family C -NC No Replacement Zone for Former Zone RM -1000 Residential, Multiple -Family C-R j Regional Commercial 11 Commercial Zones Current Former Zoning Code CG j General Commercial CL Commercial, Limited Former Zone Incorporated into CG Zone CG Commercial, General Former Zone Incorporated into CG Zone CH Commercial, Heavy Former Zone Incorporated into CG Zone CL -HS Commercial, Limited — Hillside C -NC Neighborhood Center Commercial No Corresponding Former Zone C-R j Regional Commercial No Corresponding Former Zone O -L Low Intensity Office CO Commercial Office and Professional O -H High Intensity Office No Corresponding Former Zone Industrial Zones Current Former Zoning Code I Industrial ML Limited Industrial Former Zone Incorporated into I Zone MH Heavy Industrial 11 Table 90-A ZONE CORRESPONDENCE Public and Special Purpose Zones Current Former Zoning Code OS ! Open Space OS Open S ace PR Public Recreational PR Public Recreational SP Semi -Public No Corresponding Former Zone T Transition RS -A-43,000 I Residential/Agricultural Parking/Commercial and Parking/Industrial Zones Current Former Zoning Code No Replacement Zone for Former Zone PD-C/RM- Parking District — 2400 Commercial/Multiple-Family Residential C -G General Commercial PD -C I Parking District —Commercial I Industrial PLD -M Parking/Landscape District — Manufacturing Over ay Zones Current Former Zoning Code (PTMU) Platinum Triangle Mixed Use Overlay (SE) Sports Entertainment Overlay (BCC) Brookhurst Commercial Corridor Overlay (BCC) Brookhurst Commercial Corridor Overlay (SABC) South Anaheim Boulevard Corridor Overlay (SABC) South Anaheim Boulevard Corridor Overlay (0) Oil Production Overlay (0) Oil Production Overlay (SC) Scenic Corridor Overlay (SC) Scenic Corridor Overlay (FP) Floodplain Overlay (FP) Floodplain Overlay (MHP) Mobile Home Park Overlay (MHP) Mobilehome Park Overlay (DMU) Downtown Mixed -Use Overlay (DMU) Downtown Mixed -Use Overlay (MU) Mixed Use Overlay No Corresponding Former Zone SECTION 8. That Section 18.92.040 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.92.040 A WORDS, TERMS AND PHRASES. "Accessory." A structure, building, or a use which is subordinate to, and incidental to, that of the main building or use which shall not exceed fifty percent (50%) of the main building or use. "Accessory Living Quarters." See Chapter 18.36 (Types of Uses). "Acres, Gross." The overall acreage of an area within the boundaries of a legal parcel which includes all roads, except arterial highways as measured at their ultimate right-of-way width. "Acres, Net." The overall acreage of an area excluding public and private streets and alleys. 12 "Alcohol, Off -sale." The sale of alcoholic beverages to consumers for consumption off the premises where sold, in accordance with a valid off -sale license issued by the State of California. "Alcohol, On -sale." The sale of alcoholic beverages to consumers for consumption on the premises where sold, in accordance with a valid on -sale license issued by the State of California." "Alley." A public vehicle right-of-way providing a secondary means of access to abutting property. "Amusement Device." Any game, exhibition, shuffleboard game, or amusement or recreational device, or any mechanical or electronic amusement device or machine which, upon the insertion of a bill, coin, slug or token in any slot or receptacle attached to such device or machine or connected therewith, operates or which may be operated for use as a game, contest or amusement, with the exception of machines for the dispensing of music. "Amusement Device Arcade." Any premises containing five (5) or more amusement devices, or any premises wherein not less than twenty-five percent (25%) of the public floor area is devoted to amusement devices, whether or not said devices constitute the primary use or an accessory use of the premises. "Anaheim Colony Historic District." A district of the City of Anaheim established by City Council Resolution No. 97R-194, which is bounded by North Street, West Street, South Street, and East Street. "Annexation." The addition of a land area to an existing city or special district with a resulting change in the boundaries of the annexing jurisdiction. "Apartment." One (1) or more rooms in a multiple -family dwelling, occupied or suitable for occupancy as a residence for one (i ) family. "Apartment Building." A building or cluster of buildings containing multiple - family dwelling units in which the dwelling units are intended to be rented or leased to the occupants. "Arterial Highway." A roadway used primarily for through traffic that is designated by one of the following terms on the Planned Roadway Network map in the General Plan: Scenic Expressway, Resort Smart Street, Stadium Smart Street, , Major Arterial, Primary Arterial, Hillside Primary Arterial, Secondary Arterial, Hillside Secondary Arterial, Collector Street and Hillside Collector Street., , "Automobile Wrecking." The dismantling or wrecking of used motor vehicles, trailers or similar vehicles. "Awning." A roof -like structure that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and may or may not be capable of being retracted into the face of the building." 13 SECTION 9. 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 the 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 10. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinances of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, 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 11. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision 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. 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 (Violations of Code - Penalty) of the Anaheim Municipal Code. 14 THE FOREGOING ORDIANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 26thday of October , 2004 and thereafter passed and adopted at a regular meeting of said City Council held on the 9th day of Nov, 2004 by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, Hernandez, McCracken NOES: None ABSENT: None ABSTAIN: Council Member Tait CITY OFAN EIM By: MAYOR OF THE CITY OF ANAHEIM ATTEST: ITY CLERK OF THE CITY OF ANAHEIM 55971.v 1/mgordon/10.11.04 15 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 November 18, 2004 "I certifv (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: November 18, 2004 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION 2� 1 � his space is for the County Clerk's Filing Stamp SUMMARY PUBLICATION Cm OF ANAHEfd OROIhIANCE tNO. 5948 AN ORDINP NCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING Proof( TO THE PLATINUM TRANGLE MOTION I. Amends subsection .120 of Section 19.14.030 of Chapter 18,14 of Title 18 of the Anaheim Municipal Code pertaining that signs in the PR (Public Recreational) Zone and replaces rebrences to the "Anaheim Stadkim Area Master Use Use Plan" with "The Platinum Triangle Master Land Use Plan" lay zone." end the "SE Overlay Zone" with the "PTMU Over- lfiCn" 2. This amendment corrects the date The Plati- num Trianpb Master Land Use Plan was approved by City Council; tie correct date is August 17, 2W4 not August 16, 2004 as presently stated in Section 18.20.020 of Chapter 16.20 of Title 16 of the Anaheim Municipal Code. SiOTION 0. This amendment modifies Table 20-B in Sec- tion 18.20.030 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code to delete a reference to Section 18.40.050 under special provisions for fences and walls. Section 18.40. 050 appldevelop property within The Platinum Trian- glesi op under the PTMU Overlay Zone provisions. UC17ON & This amendment modifies Table 20-H in Ser - ton Municipal Code 1� of Title 18 of the Anaheim change permitted encroachments for Ground Floor Commercial uses within the minimum setback area requkod along Stale College Boulevard from 4 feet to 8 feet, cotselatent with The Platinum Triangle Master Land Use Plan. UCTIM,AL Amends Subsection .020 of Section 18.24.030 d Chapter 18.24 of Title 18 of the Anaheim Munici- pal Code pertaining to properties Iocstad within both The Platinum TTnanpb end the SSoouth Anahean Boulevard Corri- dor fSABC) Overlay Zone. This section of the SABC Over- iay Zone is amended to remove the referortce to the SE Overlay Zons and to require that op of the sub - properties to Section t� 8.40m060 which sats forth k requirements consistent with The Platinum Tri- angle Master land Use Plan. MC1170N 4L Amends Section 18.40.050 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code pertaining to mini- mum setback requWaimenle �i�ee to the way for proper within The Platinum Trianpgle public right-of- way ue developed under zoning classifications other than the PTMU Overlay Zone. Mlr*num setback erg have been adjusted to reflect the street eros n Tfte Plat - num T b Master land Use Plan. In all cases the mini- mum setback requirement Is equal to or lees than the previ- ous minimum seib�k rogWremeM. Reisrerrces to tote SE Overiey Zone are chrtped to The Plefkwm Triangle Master Land Use Plan and the PTMU Overlay Zone. MaT10N 7. This amendment modifies Table 90-A in Sec- tion 18.90.100 of Chapter 18.90 of Tule 18 of the Anaheim Mu- nicipal Code and in Ates that the PTMU Overlay Zone re- places and supersedes the former SE Overlay Zone. MaTI IM a This amendment deletes the definition for the Anaheim Stadium Area from Section 18.92.840 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code. I, Stheryll Schroeder, City Clerk of the City of Anaheim, g"hereby curtly that the foregoing Is a summary of Orch- No. Will which ordinance was Introduced at a raga lar meetkV of the City Council of the City of Mahaim on the 28th day of October, 2004 and was duly passed end ad at a re�sr meeting of said Council on the 9th day of vember, 2004 by the following roll call vote of the members thereof: AYES: Mayor Prmgte, Council Members: McCracken, Chavez, Hernandez NOES: Norte ABSENT:None ABSTAIN: Council Member Tait The above summary is a brief description of the subject matter contained in the te# of Ordinance No. 5948, which has Cbeerh p pursuant� Section 512 of the Charter of does not include or de- scribe every provision of the ordiinnance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full tend of the ordinance, please contact the Office of the City Clerk, (714) 785-5199, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin , November IS, 2004 25.1121 6443390