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5954ORDINANCE NO. 5954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. 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 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 [subsequently renumbered as Chapter 18.116] to said Code; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No. 92-2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67 -acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the Anaheim Resort Specific Plan No. 92-2, a request to amend the zoning and development standards to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26, 1999 City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 [subsequently renumbered as Chapter 18.116] of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local street status of Convention Way; and WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance Nos. 5453 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 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 [subsequently renumbered as Chapter 18.116] 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 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 [subsequently renumbered as Chapter 18.116] of the Anaheim Municipal Code relating to temporary parking requirements; and WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 [subsequently renumbered as Chapter 18.116] of the Anaheim Municipal Code relating to office uses in a legal non -conforming building; and WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5922 amending Ordinance No. 5453 relating to Amendment No. 5 (which also incorporates Amendment No. 4) 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 27 -acres into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, the proposed modification amends subparagraph .01 of subsection .0505 to conditionally permit convenience markets and mini -markets as accessory uses in conjunction with a relocated service station and amends subparagraph .02 of subsection .0505 prohibiting certain uses in conjunction with service station facilities; and WHEREAS, on November 15, 2004 the Anaheim City Planning Commission considered the proposed Amendment No. 6 and recommended to the City Council that it adopt an ordinance incorporating said amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .050 of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".050 Conditional Uses and Structures. Due to the uniqueness of The Anaheim Resort TM as a tourist and visitor center and the associated concerns of the circulation and traffic system and other infrastructure impacts and land use compatibility, the following buildings, structures and uses shall be permitted provided a conditional use permit is approved therefore pursuant to, and subject to, the conditions and required showings of Chapter 18.66 (Conditional Use Permits). .0501 Amusement parks, theme -type complexes, aviaries, zoos. Such uses may include the keeping of animals or birds used in the operation of the facility, provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or 2 control of the person or entity owning or controlling said animals or birds. Further, no animals or birds shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. .0502 Art galleries. .0503 Automobile car washes in conjunction with service stations only. .0504 Automobile rental agencies with on-site storage and/or display of rental vehicles not otherwise permitted by subparagraph 18.116.070.030.0302.02. .0505 Automobile service stations, subject to the requirements of Chapter 18.38.070 (Automotive Service Stations) (except as certain associated uses are conditionally permitted or prohibited in this subsection), provided that site development shall be governed by the provisions of this chapter and the Design Plan. As a condition of granting any conditional use permit for an automobile service station, the property owner shall record an unsubordinated covenant against the property agreeing to remove all structures, including underground tanks, in the event that the station is closed for a period of twelve (12) consecutive months or longer. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. .01 Conditionally Permitted Accessory Use. Convenience markets or mini - markets with or without the sale of beer and wine for off -premises consumption may be permitted in conjunction with a service station facility, subject to the following requirements. (a) Such convenience market or mini -market has a maximum floor area of 3,200 square feet, provided that this use is only permitted in connection with the relocation of an existing service station facility with frontage on Harbor Boulevard to another location in the Anaheim Resort not adjacent to Harbor Boulevard, and further provided that: (b) Prior to issuance of a building permit for the relocated service station, the property owner shall record a covenant on both the existing and the new service station properties satisfactory to the Planning Department and the City Attorney's Office that prior to final zoning and building inspections of the relocated service station, the existing service station shall be closed, demolition of the existing service station building, canopy and site improvements completed and removal of the underground storage tanks commenced in accordance with a permit issued by the Anaheim Fire Department. The covenant shall further provide that the site shall be screened by a chain link fence with green scrim on the side oriented towards the public right-of-way and adjacent properties while demolition and tank removal is in process and, that within a period of sixty (60) days following the completion of demolition and tank removal activities, the site shall be screened by a minimum 3 -foot wide, 3 -foot high landscape berm or shrubs adjacent to the public right-of-way. The site may be additionally screened by a 6 -foot high chain link fence with green scrim oriented towards the public right-of- way located behind the landscape berm or shrubs. .02 Prohibited Accessory Uses. Under no circumstances shall the following uses be permitted in conjunction with any service station facility: (a) The sale of alcoholic beverages for on -premises or off -premises consumption except as allowed under subparagraph .0505.01, above. (b) Convenience markets or mini -markets except as allowed under subparagraph .0505.01, above. (c) Rental and/or display of utility trailers or trucks. .0506 Automobile/vehicle parking lots or parking structures not otherwise permitted by subsection 18.116.070.030 (Permitted Accessory Uses and Structures). .0507 Bowling alleys, including sale of alcoholic beverages for on -premises consumption. .0508 Churches. .0509 Emergency medical facilities. .0510 Golf courses, including miniature golf courses. .0511 Hotels and motels, including suite -type hotels, located south of Orangewood Avenue. .0512 Improvements to legal nonconforming buildings or structures as identified in paragraph 18.116.020.050.0505 (Non -Conforming Structures and Uses). .0513 Structures with interior setbacks less than two (2) times the height of any proposed building or structure when such building or structure is within one hundred fifty (15 0) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred -fifty (150) feet of any multi -family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a (Mobilehome Park (MHP) Overlay Zone.) 0514 Kitchens or kitchenettes in hotel or motel guest rooms or suites. .0515 Massage establishments, integrated within a hotel or motel only, for which a permit is required pursuant to Chapter 4.29 (Baths, Sauna Baths, Massage Establishments and Similar Businesses) of the Anaheim Municipal Code. 0516 Museums. .0517 Non -publicly operated convention centers including exhibition halls and auditoriums. .0518 Office buildings when accessory to, and integrated as part of, an on-site permitted primary or conditional use. 0519 Outdoor recreational playground areas in conjunction with permitted primary uses and structures. 2 .0520 Radio and television studios, which may include accommodations for filming/taping in front of live audiences. .0521 Recreational vehicle and campsite parks limited to use for short-term visits, not to exceed thirty (30) days in any calendar year, by tourists and visitors. .0522 Restaurants (with public entertainment pursuant to and as defined in Chapter 18.92 (Definitions), walk-up only or fast food only). .0523 Signs as provided for in paragraph 18.116.130.060.0602 (Conditionally Permitted Signs). .0524 Skating rinks. .0525 Specialty retail centers in which all goods and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall consist of a minimum of five (5) acres, have integrated management, and shall have a "festive theme" orientation, and: .01 Plazas and/or other pedestrian -oriented amenities shall be part of the center's design as set forth in the Design Plan. .02 Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on -premises sale or consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off -premises consumption; sale of alcoholic beverages for on -premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Chapter 4.14 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. .0526 Structures within one hundred fifty (150) feet of any single-family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located south of Orangewood Avenue, within one hundred fifty (150) feet of any multi- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a, (Mobilehome Park (MHP) Overlay Zone) exceeding a height equal to one-half (%) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. .0527 Theaters, including dinner, legitimate or motion picture theaters, performance theaters or clubs, and indoor or outdoor amphitheaters. .0528 Transportation facility, as defined in paragraph 18.116.030.070 ('T' Words, Terms and Phrases) of this chapter; helistops, as defined in Chapter18.92 (Definitions) (excluding heliports); provided that any such station or helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. 5 .0529 Uses or activities not listed, nor specifically prohibited, in this chapter which are determined by the Planning Commission to be consistent and compatible with the intended purpose of the Specific Plan. .0530 Vacation ownership resorts subject to compliance with the requirements of Section 18.116.120 (Requirements for Vacation Ownership Resorts). 0531 Outdoor Food and/or Beverage Carts, in conjunction with a hotel and subject to the following conditions: .01 The design of the cart shall be compatible with the architectural design and/or theme of the hotel. areas. 02 The cart shall not be permitted to encroach into any required setback .03 One (1) non -illuminated business identification sign, not exceeding four (4) square feet in area with a maximum letter and/or logo height of 10 -inches, may be displayed on or below the valance of the roof canopy. .04 One (1) menu pricing sign, not to exceed 12 -inches in width by 18 - inches in height, may be displayed on the cart below the roof canopy. .05 One (1) trash receptacle shall be provided adjacent to the cart. The trash receptacle shall be decorative and designed to complement the design of the cart. The trash receptacle and the area around the cart shall be permanently maintained and kept clean by the cart operator. .06 The precise size, number and location of carts shall be determined by conditional use permit, provided that the cart(s) shall not be visible from the public right-of-way. 07 All equipment, products and/or supplies shall be stored wholly on or inside the cart at all times. .08 When not in use, all carts shall be stored in an on-site commissary approved by the Orange County Health Department and specifically shown on plans submitted in connection with a conditional use permit. Such commissary shall be fully enclosed and shall not be visible from any public right-of-way or adjacent properties. .09 The cart operator shall obtain all applicable State and/or local licenses and/or permits and shall prominently display such current and valid licenses and/or permits on the cart at all times. Code." 0532 Public Dance Hall as defined in Chapter 4.16 of the Anaheim Municipal SECTION 3. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. 6 SECTION 4. SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 25th day of January , 200 5; and thereafter passed and adopted at a regular meeting of said City Council held on the 8th day of Feb. , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Yerbers Sidhu, Chavez, Hernandez, Galloway NOES: clone ABSENT: None ABSTAIN: None ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 56573 0/mgordon/ 12.03.04 7 CITYOF AHEIM By M R OF TH CIT OF ANAHEIM FEB -10-2-005 14:34 OCP ORDINANCE NO. 59S4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AHANEIII AMENDING CHAPER 16.116 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE AMENDMENT NO.6 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 2=1 This ordinance amends Subpart -0505 of Subsection 050 of Section 18.116.070 of Title 18 of the Anaheim City Zoning Code, the Anaheim Resort Specific Plan, to permit the establishment of a convenience market, with or without the sale of beer and wine for oft -premises consumption, in conjunction with a relocated service station facility as a con- ditionally permitted use, provided the service station has been relocated from a location within the boundary of the Specific Plan having frontage on Harbor Boulevard to a loca- tion not fronting Harbor Boulevard. I, Sheryl Schroeder, City Clark of the City of Anaheim, do hereby certify that the foregoing isintroduced summary of Ordi- nance No. 5954 which ordinance was at a regu- lar meeting of the City Council of the City of Anaheim on the 25th day of January. 2005 and was duly passed and adopt- ed at a regular meeting of said Council on the 6th day of February, 2005 by the following rolt cal! vote of the mem- bersthereof: AYES: Mayor Pringle, Council Members: Galloway, Chavez, Hernandez, Sidhu NOES: None ABSENT: None The above summary is a brief description of the subject matter contained in the text of Ordinance No. 5954, which has been prepared pursuant to Section 512 of the Charter of the City al Anaheim. This summary does not include or de- scribe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clark. (714) 765-5166, between 8:00 AM and 5:00 PM. Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin February 17, 2005 25-149 6547448 7147963692 P.03 TOTAL P.@3