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6033ORDINANCE; NO. 6033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO. 3 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1 AND AMENDING ORDINANCE NO. 5518 ACCORDINGLY (SPN2006-00035). WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, on August 22, 1995, the City Council of the City of Anaheim adopted Ordinance No. 5518 relating to reclassification of certain real property described therein into the Specific Plan 94-1 Zone subject to certain conditions as specified therein; and WHEREAS, pursuant to the procedures set forth in Chapter 18.72 of the Anaheim Municipal Code, on August 22, 1995, the City Council of the City of Anaheim adopted Ordinance No. 5517 amending the Anaheim Municipal Code relating to the establishment of zoning and development standards for Specific Plan No. 94-1 by addition of Chapter 18.110 to said Code; 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 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, this is a City -initiated petition for Amendment No. 3 to the Northeast Area Specific Plan (Anaheim Canyon Business Center) relating to nine (9) properties situated on 8.8 acres with frontages on East Miraloma Avenue and North Red Gum Street. Property addresses include 2926, 2940, 2983 and 2985 East Miraloma Avenue and 1260, 1310, 1320, 1330 and 1340 North Red Gum Street (from DA 5 to DA 1); and WHEREAS, as part of General Plan Amendment No. 2005-00431, the General Plan land use designations for the area is proposed to change from General Commercial to General Industrial to General Industrial; and that this amendment to the Northeast Area Specific Plan would amend the development area boundaries to reflect the revised General Plan land use designations; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 10, 2006, 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 Amendment No. 3 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 4 of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2006-67 finding and recommending City Council adoption of Amendment No. 3 to Specific Plan No. 94- 1 - amending certain development area boundaries as specifically shown on Attachment A attached hereto and incorporated herein by this reference; and WHEREAS, upon receipt of said Resolution, summary of evidence, report of findings and recommendations of the Anaheim City Planning Commission, the City Council did fix the 8th of August, 2006, as the time, and the City Council Chambers in the Civic Center as the place for a public hearing on said proposed Amendment No. 3 to Specific Plan No. 94-1 and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did duly hold and conduct said public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence, testimony and reports, and the recommendations and findings of the Anaheim City Planning Commission, as set forth in Planning Commission Resolution No. PC2006-67, and WHEREAS, the City Council desires to amend the specific plan to reclassify said properties as described above, and to amend certain exhibits in the specific plan accordingly; and WHEREAS, the City Council has complied with the procedures set forth in Chapter 18.72 of the Anaheim Municipal Code; 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. 2004-94, certified Final Environmental Impact Report No. 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. 330 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, such as Amendment No. 3 to the Northeast Area Specific Plan No. 94-1. ki NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Ordinance No. 5518 be, and the same is hereby, amended as described above and as specifically shown on Attachment A, which is incorporated herein by this reference, and the Planning Department is hereby directed to amend the City Zoning Map showing the changes hereby approved and adopted subject to the following conditions: 1. That completion of these reclassification proceedings to amend the Northeast Area Specific Plan 94-1 is contingent upon the City Council's adoption of General Plan Amendment No. 2005-00431. 2. That development and use of the property in the Northeast Area Specific Plan area shall be subject to compliance with all applicable mitigation measures included in Mitigation Monitoring Program No. 122 in conformance with the requirements of Section 21081.6 of the California Public Resources Code. SECTION 2. 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 3. 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 4 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 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 8th day of August , 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 12th day Of September , 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM 14 By7� eof MAYOR OF THE ANAHEIM ATTEST: i C Y C LERk 6F TfIE CITY OF ANAHEIM 62680.v 1 /MGordon Attachment A Amendment No. 3 to the Northeast Area Specific Plan (SP94-1) (Tracking No. SPN 2006-00035) Combined Acreage - 8.80 G � a 2 O c� gee" � r C> m �2 m� DP`1 r of DA 1 iw 3 (Industrial Area) 1 DP v ID mL Y l D p. t oMP ov, DA DA (Industrial Area) (Industrial Area) P�ENU� P 1 01 GREgC F D p` 1 h� m h � s �A N� m Z r S G�R�NPDO N 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: September 21, 2006 "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: September 21, 20060 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. 6033 - AN ORDINANCE OF THE CITY COU' OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO.. THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1 AND AMENDING ORDINANCE NO. 5518 JRDINGLY (SPN2006-00035). tt to the edures h in 18.72 Ana- heim adopted WHEREAS, ce No. 5518orelat ng to reclassification onpofrcerta certain (formerly, rty descr beter tl there n into f the the Speeifioplao 941 on Zone subjec{to certaihn conditions ons as specified of eAein; and WHEREAS, Pursuant to the procedures set forth in Chapter 18.72 of the Anaheim Municipal Code, on Auguat 22, 19%. the City CounclI of the City of Anaheim adopt Ordinance No. 5517 amending the Anaheim Municipal Code relating to the establishment of zvfiIng and development standards for Specific Plan No. 841 by addition of Chapter 18.110 to said Code; and WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5563,amendina Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive vehicle re- pair as conditional uses in Development Area 4 'Transit Core" of the Northeast Area Specific Plan ("Adjustment No. I*); 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 re- pair 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 January 11, 2000 the City Council adopted Ordinance No. 5714 amending Ordinance No. 5517 and Chapter 18.110 relating to sent as laundries in the Northeast Area Specific Plan ("Adjustment No. 5"); and WHEREAS, on April 18, 2000 the City Council adopted Ordinance No. 5728 amending Ordnance No. 5518 and Ch 18.110 to amend the boundaries of DeveiTment Area 5 (Commercial Area) and Development Area 2 (Expanded Industrial Area) at the northwest comer of La Palma Avenue and Hancock Street in the Northeast Area Specific Ian ('Amend- ment No. t'); and WHEREAS, opnecificlPlan ("Adjustme2001 the nt No. 6�; and Ordinance No. 5761 amending Ordinance No. 5517 and.Chepter 18.110 relating to asphalt and concrete processing in the Northeast Area S ifi ) WHEREAS, on May 1, 2002 the City Council do ted 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 Ordnance 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, this is a City -initiated petition for Amendment No. 3 to the Northeast Area Specific Plan (Anaheim Canyon Business Center) relating to nine (9) properties situated on 8.8 acres with frontages on East Mirtoma Avenue and North Red Gum Street. Property addresses include 2926, 2940, 2983 and 2985 East Mira(oma Avenue and 1260,1310', 1320, 1330 and 1340 North Red Gum Street (from DA 5 to DA 1); and WHEREAS, as part of General Plan Amendment No. 2005-00431, the General Plan land use designations for the area is proposed to change from General Commercial to General Industrial to General Industrial; and that this amendment to the Northeast Area Specific Plan would amend the development area boundaries to reflect the revised General Plan land use designations; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 10, 2006, 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 Amendment No. 3 and to investigate and make findings and recommendations in connection therewith; and made y WHEREA The Commission fter due evidence andseports ffered t said hearing, did adopt its Resolution No. PC2006-67 finding and recommending ding Ciand ty Council adoptonitself don its of Amendmenand after due t No 3 to Specific Plan allo. 94-111 amending certain development area boundaries as specifically shown on Attachment A attached hereto and incorporated herein by this reference; and WHEREAS, upon receipt of said Resolution, summary of evidence, report of findings and recommendations of the Anaheim City Planning Commission, the City Council did fix the 8th of August, 2006, as the time, and the City Council Chambers in the Civic Center as the place for a public hearing on said proposed Amendment No. 3 to Specific Plan No. 94-1 and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did duly hold and conduct said public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence, -testimo- ny and reports, and the recommendations and findings of the Anaheim City Planning Commission, as set forth in Planning Commission Resolution No. PC2006-67, and WHEREAS, the City Council desires to amend the specific plan to reclassify said properties as described above, and to amend certain exhibits in the specific plan accordingly; and WHEREAS, the City Council has complied with the procedures set forth in Chapter 18.72 of the Anaheim Municipal Code; 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. 2004-94, certified Fi- nal Environmental Impact Report No. 330, adopting Findings of Fact and Statement of Overridingg Considerations, Mitigation Monitoring Program No. 122 for General PlanAmendment No. 200400419, the amended monitoring program described as Mitigation Monitoring Program Na. 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. 330 -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, as(it Zoning Code Amendment No. independent 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; such as Amendment No. 3 to the Northeast Area Specific Plan No. 941. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Ordinance No. 5518 be, and the same is hereby, amended as described above and as specifically shown on Attachment A, which is incorporated herein by this reference, and the Planning Department is hereby directed to amend the City Zoning Map showing the changes hereby approved and adopted subject to the following conditions: 1. That completion of these reclassification proceedings to amend the Northeast Area Specific Plan 94-1 is contingent upon the City Council's adoption of General Plan Amendment No. 2005-00431. 2.That development and use of the property in the Northeast Area Specific Plan area shall be sub'ect to compliance with all applicable mitigation measures included in Mitigation Moni- toring Program No. 122 in conformance with the requirements of Section 21081.6 of the California �ublic Resources Code. _ SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of chis 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 passedYall other portions of this ordinance independent of the elimination herekom of any such portion as may be declared invalid. SECTION 3. 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 unlawf11 ul for any person, firm or corporation to violate any provisions ar to fail to comply with an of the requirements of this ordinance. Any person, firm or corporation vi - ft 0 not exceeding One Thousand DollarrOld hence s Is" $ ng to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a ( 000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation rovision of h s shall be deemed guilty of a separate offense for each day dui ng 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 S. 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 do ton in the Anaheim Bulletin, a newspa- per 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 8th day of August, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 12th day of September, 2006, by the following roll call vote: +- AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway. NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By /s/ Curt Pringle ATTEST: MAYOR OF THE CITY OF ANAHEIM /a/ Sheryll Schroder 3 CITY CLERK OF THE CITY OF ANAHEIM -