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5968ORDINANCE NO. 5968 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 18.20 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE FOLLOWS: THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS SECTION 1 That Table 20-A PRIMARY USES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE immediately following subsection .010 of Section 18.20.030 of Cha ter 18.20 of Title 18 of the Anaheim Municipal Code be, and the same is herebyP amended as follows. "Table 20-A P Permitted by Right PRIMARY USES: C Conditional Use Permit Required THE PLATINUM TRIANGLE N Prohibited MIXED USE PTMU OVERLAY ZONE GF Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses Dwellings—Multiple Family P Dwellings — Multiple Family in the C Subject to the approval of Conditional Use Permit No. 2003 Gateway District, Sub Area B - 04763, as may be amended from time to time, and subject to the conditions and showings of Chapter 18.66 (Conditional Use Permits), and further subject to Section 18.20.165 (Gateway District, Sub Area B Standards) and Sub -Section 18.20.170.020.0202 (Development Agreement Exemptions). Dwellings—Single-Family Attached P Dwellings -Single -Family Detached N Senior Citizen Housing C Subject to Chapter 18 50 (Senior Citizens' Apartment Projects) Non -Residential Classes of Uses Alcoholic Beverage Sales -Off -Sale C GF Alcoholic Beverage Sales—On-Sale C GF Antennas—Broadcasting P Subject to Section 18.38.060 (Antennas — telecommunications) Automotive—Public Parking C Automotive, truck, trailer and other N vehicle sales Automotive -Service Station C Bars & Nightclubs C GF Billboards N Business & Financial Services P GF Breweries C GF Including the on -premise sale and consumption of beer or ale Commercial Retail Centers C Community & Religious Assembly C GF "Table 20-A C GF P Permitted by Right PRIMARY USES: P GF C Conditional Use Permit Required THE PLATINUM TRIANGLE P GF N Prohibited MIXED USE PTMU OVERLAY ZONE P GF Ground Floor Commercial PTMU GF Special Provisions Computer Internet & Amusement C GF Facilities Recreation -Low -Impact p Conversions of hotels or motels to semi- N P permanent living quarters Recycling Services—Consumer P Dance & Fitness Studios—Large P GF Dance & Fitness Studios—Small P GF Day Care Centers C GF Drive -up or drive-through services N N Hotels & Motels P/C/N Hotels are permitted, extended -stay hotels are permitted by CUP, Research and Development Facilities C motels are not permitted (See Chapter 18.93 for definitions) Markets—Large P GF Outdoor farmer's markets are allowed with a conditional use Restaurants—Semi-Enclosed P permit Markets—Small P GF Pawnshops N p Personal Services—General P GF On-site dry cleaning not allowed; conditional use permit required Retail Sales—Kiosks p for laundromats Personal Services—Restricted C GF Offices P GF Public Services P GF Recreation—Bowling & Billiards P GF Recreation—Commercial Indoor P GF Recreation—Commercial Outdoor C Recreation -Low -Impact p Recreation—Swimming & Tennis P Recycling Services—Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Repair Services—Limited p Rescue missions, shelters for the N homeless Research and Development Facilities C Restaurants—General P GF Restaurants—Semi-Enclosed P GF Subject to Section 18.38.220 (Restaurants — outdoor seating and dining) Restaurants—Walk-Up p Retail Sales—General P GF Retail Sales—Kiosks p Retail Sales—Regional p Secondhand shops N Sex -oriented businesses, as defined in N Chapter 18.54 (Sex -Oriented Businesses) Studios—Broadcasting C GF 2 "Table 20-A P Permitted by Right PRIMARY USES: C Conditional Use Permit Required THE PLATINUM TRIANGLE N Prohibited MIXED USE PTMU OVERLAY ZONE GF Ground Floor Commercial PTMU GF Special Provisions Studios -Recording P GF Swap meets, indoor or outdoor N Transit Facilities p Utilities—Major C Utilities -Minor p Uses or activities not listed, nor C As determined by the Planning Commission to be compatible with specifically prohibited _ _ the intended purpose of the PTMU Overlay Zone." SECTION 2 That Table 20-D DEVELOPMENT INTENSITIES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE immediately following subsection .020 of Section 18.20.040 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code be, and the same is hereby amended as follows: SECTION 3 That new Section 18.20.165 be, and the same is hereby, added to Chapter 18.20 of Title 18 of the Anaheim Municipal Code as follows: 3 "Table 20-D -- DEVELOPMENT INTENSITIES: THE PLATINUM TRIANGLE MIXED USE PTMU OVERLA Y ZONE District Maximum Dwelling Maximum Office Maximum Units Square Footage 9 Commercial Square Arena *Gateway 425 100,000 Footage 100,000 1,750 530,000 50,000 Gene Autry 1,000 100,000 50,000 Katella 4,250 775,000 544,300 Stadium 1,750 1,760,000 1,300,000 Total 9,175 _ 31265,000 290449300 *The Gateway District encompasses Sub Areas A and B as depicted in the Platinum Triangle Master Land Use Plan." SECTION 3 That new Section 18.20.165 be, and the same is hereby, added to Chapter 18.20 of Title 18 of the Anaheim Municipal Code as follows: 3 " 18.20.165 GATEWAY DISTRICT SUB AREA B STANDARDS Multiple -family development in the Gateway District Sub -Area B shall be subject to the approval of Conditional Use Permit No. 2003-04763, as may be amended from time to time, as set forth in Table 20-A (Primary Uses: The Platinum Triangle Mixed Use (PTMU) OverlayZone and shall comply with all of the provisions of Chapter 18.20 ) p (The Platinum Triangle Mixed Use Overlay Zone) except as set forth in Section 18.20.170 (Implementation) or as set forth below: .010 The required setbacks prescribed in Section 18.20.090 (Structural Setbacks) shall be applicable except as set forth below: .01 No minimum setback area is required adjacent to the interior southerly property line abutting the City boundary adjacent to the City of Orange. .02 Where an on-site driveway is provided between two buildings, no minimum landscaped area is required; however, building walls shall be planted with clinging vines. .020 The required public park provision and construction requirements prescribed in subsection 18.20.110.0101 (Public Parks) shall not be applicable to development in Sub Area B; however, payment of park -in -lieu fees is required. .030 The standards prescribed in Section 18.20.140.040 (Architectural Massing) subsection .0403 shall not be applicable. .040 The standards prescribed in Section 18.20.140.060 (Architectural Detail) subsection .0610 shall not be applicable. .050 The standards prescribed in Section 18.20.140.110.1102 (Arterial Streets - Residential Ground Floor) shall not be applicable." SECTION 4 That subsection .020 of Section 18.20.170 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: ".020 Development Agreement. A Development Agreement shall be processed for all development under the PTMU Overlay in the Katella, Gene Autry and Gateway Districts, except as otherwise exempt under subsection 18.20.170.020.0201 and 18.20.170.020.0202 (Development Agreement Exemptions) per Resolution No. 82R- 565 (Procedures Resolution) adopted by the City pursuant to Section 65865 of the Development Agreement Statute. The form of the Development Agreement shall be as approved per City Council Resolution No. 2004-179 on file in the Office of the 4 City Clerk. A Final Site Plan found to be in accordance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan shall be attached as an exhibit to said Development Agreement. .0201 Development Agreement Exemptions - Following construction and commencement of operation of a project that has been implemented pursuant to an approved Development Agreement, the following projects or improvements do not require a Development Agreement; however, plans for said projects or improvements shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign permits. .01 Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building. .02 Minor building additions or improvements interior to or at the rear of a building or development complex which are not visible from the public right-of-way; do not exceed 5% of the building's gross square footage or 1,000 square feet, whichever is lesser; are in substantial conformance with the building envelope; and, are in conformance with the Design Plan and the Zoning and Development Standards set forth in this chapter. .03 Exterior fagade improvements which do not add to the gross square footage of a building or development complex, are not visible from the public right-of-way; and are in substantial conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .04 Signage, including wall signs, and on-site directional/informational signs and which signs are in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .05 Landscape/hardscape improvements or modifications which are not in connection with building modifications and are in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .06 Conditionally permitted uses that will not increase the square footage or parking demand of the existing development as determined by the Planning Director and City Engineer. R .0202 Multiple -Family development in the Gateway District Sub Area B as authorized by an approved Conditional Use Permit No. 2003-04763, shall be exempt from the requirement for the property owner to enter into a Development Agreement with the City of Anaheim." SECTION 5. 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 6. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal 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 hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation 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 7. 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. G1 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 26th day of April , 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 10th day of May , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez,.Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None ATTEST- CATTEST- CITAr CLERK 6F THE CITY OF ANAHEIM 5 7090.2/sman n/02/07/05 7 CITY OFA AHEIM By MAYOR OF THE C4TAOF ANAHEIM 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: May 19, 2005 "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: May 19, 2005 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 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 5968 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 18.20 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE PLATINUM TRAINGLE MIXED USE (PTMU) OVERLAY ZONE This ordinance amends Chapter 18.20 of the Anaheim Mu- nicipal Code, amendment to the Platinum Triangle Mixed Used (PTMU) Overlay Zone to establish zoning and develop- ment standards for Gateway District Sub Area 8 and to pro- vide .for the development of a multiple -family residential uses in Sub Area B subject to the approval of a Conditional Use Permit. I, Sheryll Schroeder, City Clerk of the City of Anaheim, do hereby certiy that the foregoing is a summary of Ordi- nance No. 5988 which ordinance was introduced at a regu- lar meetingof the City Council of the City of Anaheim on the 26th day April and was duly passed and adopted at a reg- ular meeting of said Council on the 10th day of May, 2005 by the following roll call vote of the members thereof: AYES: Mayor Pringle, Council Members: Chavez, Hernandez, Sidhu, Galloway NOES: None ABSENT: None ABSTAIN: None 1 The. above summary is a brief description of the subject matter contained in the text of Ordinance No. 5968, which has been Prepared pursuant to Section 512 of the Charter of the City of '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 tezt of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, M4) 76,5-5166, between 6:00 AM and 5:00 PM, Monday through "Fr&y. .lhere'is nq charge for the copy. , Publish: Anaheim Bulletin May A 21105 1.- 25-436 6660087