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6004FOLLOWS: ORDINANCE NO. 6004 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING PORTIONS OF CHAPTER 18.20 AND AMENDING SECTION 18.92.060 OF CHAPTER 18.92 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING AND DEVELOPMENT STANDARDS (ZONING CODE AMENDMENT NO. 2005-00042) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAINS AS SECTION 1. That subsection .010 of Section 18.20.020 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code, as revised by Ordinance No. 2005-6001 be, and the same is hereby, amended to read as follows: ".010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres 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 Easement on the north. The PTMU Overlay Zone covers an area consisting of approximately three hundred and eighty nine (389) 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 amended on April 26 , 2005 (Resolution No. _200r,_0,;4) and on Seng 13 2005 (Resolution No. 2ons_1 RR ),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. (Ord. 5948 § 2; November 9, 2004)" SECTION 2. That Table 20-A (Primary Uses: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.030 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code, as revised by Ordinance No. 2005-6001be, and the same is hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3 That subsection .020 of Section 18.20.1 10 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code, as revised by Ordinance No. 2005-6001 be, and the same is hereby, amended to read as follows: "020 Recreational -Leisure Areas. Two hundred (200) square feet of recreational -leisure area shall be provided for each dwelling unit and may be provided by private areas, common areas, or a combination of both. .0201 Common Recreational -Leisure Areas. All common recreational -leisure areas shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational -leisure area may be composed of active or passive facilities and may incorporate any required setback areas other than setback areas adjacent to public rights-of-way, private streets and alleys and interior property lines, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. The common recreational - leisure area shall have a minimum dimension of ten (10) feet. .01 Improvement of Common Recreational -Leisure Areas. All common recreational -leisure areas shall be landscaped with lawn, trees, shrubs or other plants as set forth in Chapter 18.46 (Landscaping and Screening) with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. (a) Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen -type walls installed incidentally to the primary plants in the landscaping shall be permitted and encouraged. (b) All required common recreational -leisure areas and other required open space areas shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. (c) Courtyards internal to a project or enclosed on at least three (3) sides shall have a minimum width of forty (40) feet and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio one (1) square foot of landscape to one (1) square foot of hardscape. Pools and spas shall be excluded from this ratio. (d) The base of a building shall be separated from adjacent common recreational -leisure area by a planter allowing a minimum thirty (30) inches planting width. .0202 Private Recreational -Leisure Areas. In order for private patios and balconies to count toward the Recreational -Leisure Area requirement, they must comply with the following: .01 Any private patios for ground floor units shall not be less than one hundred (100) square feet in area, with a minimum dimension of eight (8) feet. .02 Private balconies for dwelling units located entirely above the ground floor shall not be less than seventy (70) square feet in area, with a minimum dimension of seven (7) feet. Private balconies for dwelling units located in high-rise towers, eight (8) stories or higher, shall not be less than thirty-five (35) square feet in area, with a minimum dimension of five (5) feet. " 2 SECTION 4. That Section 18.92.060 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.92.060 "C" WORDS, TERMS AND PHRASES. "Canopy." A freestanding roof -like structure without enclosing walls, supported by columns, poles or braces extending from the ground. "Carport." A permanently roofed structure with not more than two (2) enclosed sides used, or intended to be used, for automobile shelter and storage. "Child Day Care Center, Preschool and Nursery." An establishment or home (other than a Large Family Day Care Home or Small Family Day Care Home as defined in this title) which provides care, protection and supervision to children, for periods of less than twenty-four (24) hours per day, while the parents or guardians of such children are away. "Club." An association of persons for some common nonprofit purpose but not including groups organized primarily to render a service that is customarily carried on as a business. "Cocktail Lounge." A separate area located within a restaurant with on -premises sale and consumption of alcoholic beverages wherein alcoholic beverages are sold for consumption on the premises, and which premises maintains an "eating place" -type license issued by the California Department of Alcoholic Beverage Control. A cocktail lounge is, and at all times shall remain, an accessory use to the primary restaurant use. "Commercial Retail Center." Any combination of two (2) or more commercial uses or commercial businesses otherwise permitted or conditionally permitted in the zone in which they are located and which the uses or businesses are either (i) located on a single parcel of property, (ii) constructed as a single development project, or (iii) result from a remodeling, partitioning or other division of space in a building, business, or use on a single parcel of property. "Commission" shall mean the "Planning Commission" unless some other commission is specifically mentioned. "Computer" includes any electronic device designed or intended to access the Internet or for interconnection with other devices for playing electronic games. "Computer Rental/Internet Amusement Business." A business establishment which, for compensation, provides for public use ten (10) or more computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, E -Mail, video games played over the Internet or other computer game software, whether or not said computer activity constitutes the primary use of the premises. Establishments known 3 variously as PC Cafes or Zones, Internet Cafes or Zones, Cyber Cafes or Cyber Centers are expressly included within the foregoing definition. Educational institutions and child day care centers, preschools and nurseries, as said terms are defined in Chapter 18.92 of this Code, are not included. "Condominium." An estate in real property consisting of an undivided interest in common in a portion of real property together with a separate interest in space in a residential, industrial or commercial building on such real property as defined in California Civil Code Section 1351. "Condominium Hotel." A building or group of buildings containing residential condominium units which are owned by individual investors and may be made available for rental as hotel guest rooms or suites as required and enforced by a rental pool agreement and/or the covenants, conditions, and restrictions of the condominium development. "Convalescent Homes." See "Rest Homes." "Convenience Stores." A market or grocery store having an enclosed gross floor area of less than fifteen thousand (15,000) square feet and engaged primarily in the sale of a limited range of prepackaged food items and secondarily a limited range of household items, magazines, off -sale alcoholic beverages and similar items. Food items may be cooked or heated, but not consumed, on the premises. "Coop." A place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of animals. "Corral." A yard that is enclosed to adequately confine animals. "Cover Charge." An admission fee imposed upon patrons including advanced prepayment for meals and similar fees. "Crib Walls." A wall constructed of individual, but often interlocking, timber or precast concrete components, commonly used for retaining slopes, set at an angle to the vertical, and often including space for the planting of creeping and/or cascading foliage." SECTION 5. That this ordinance shall not become effective unless and until Ordinance No. 2005 - relating to Zoning Code Amendment 2004-00036 is approved and adopted by the City Council of the City of Anaheim. SECTION 6. 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 11 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 7. 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 8. 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 25th day of October , 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 8th day of November , 2005, by the following roll call vote: AYES: Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: Mayor Pringle ATTEST: ITY CL RK OF THE CITY OF ANAHEIM 59357.v 1 /mgordon/09.20.05 5 CITY OF ANAHEIM By MAYOR OFT E CITY -O A AHEIM Mayor Pro Te 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. Gateway District, Sub -Area B 2003-04763, 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 paragraph 18.20.170.020.0202 .Dwellings—Single-Family Attached Dwellings -Single -Family Detached Senior Citizen Housing P N C Subject to Chapter 18.50 (Senior Citizens' Apartment Projects) Non -Residential Classes of Uses Alcoholic Beverage Sales—Off- C GF Sale Alcoholic Beverage Sales—On- C GF Sale Antennas—Broadcasting P Subject to Section 18.38.060 (Antennas — telecommunications) Automotive—Public Parking C Automotive, truck, trailer and N other 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 C GF Assembly Computer Internet & Amusement C GF Facilities Conversions of hotels or motels to N semi-permanent living quarters Dance & Fitness Studios—Large P GF Dance & Fitness Studios—Small P GF Day Care Centers C GF Drive -up or drive-through N Table 20-A PRIMARY USES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited GF Ground Floor Commercial Retail Sales—General PTMU GF Special Provisions services P Secondhand shops N Educational Institutions — C defined in Chapter 18.54 (Sex - General Studios—Broadcasting C GF Hotels & Motels P/C/N Swap meets, indoor or outdoor Hotels are permitted, extended -stay hotels and condominium hotels are permitted by CUP, motels are not permitted (See Chapter 18.92 for definitions) Markets—Small P GF Pawnshops N Personal Services—General P GF On-site dry cleaning not allowed; conditional use permit required 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 C Facilities 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 N defined in Chapter 18.54 (Sex - Oriented Businesses) Studios—Broadcasting C GF Studios—Recording P GF Swap meets, indoor or outdoor N 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 Transit Facilities Utilities—Major Utilities—Minor Uses or activities not listed, nor specifically prohibited PTMU GF Special Provisions P C C As determined by the Planning Commission to be compatible with the intended purpose of the PTMU Overlay Zone. AFFIDAVIT OF PUBLICA 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 parry 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 29, 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 November 17, 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: November 17, 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 tamp Proof of Publication of Paste Clipping of Notice SECURELY In This Space ORDINANCE NO 600c AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING POR -OF CHAPTER 18.20 AND AMENDING SECTION 18 92.060 OF : HAII8.92 r)F T' i ,C REi. - d.NG TO ZONING AND DEVELOPMENT STANDARDS (ZONING -,UE AMENDMENT NO. 2005-00042) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAINS AS FOLLOWS. SECTION 1. That subsection .010 of Section 18.20.020 of Chapter 18.20 of Title 16 of the Anaheim Municipal Code. as revised by Ordtnance No. 2005- 6001 be. ar- 1 ...:r_ ere: ,y.iiendee to reae a, - ; c„ .010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres generally bounded by the Santa Ana River on the east, the Ana'ieim Cty limits nn. the south. the San -rna F- e�.ve. (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 eighty nine 138 acres rvch, 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 amended on 20n` (Resolution No. ) and on -_ 2005 (Resolution No. _. -_-), and on file in the Office of the City Clerk. said Fifu!i gure 3 is incordorater! herein by this reference as though sett r :Ord 5948 § 2', November 9, 2004)" SECTION 2. That Table 20 A (Primary Uses The Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Section 18.20.030 of Chapter 18.04 of title 18 cf the Ana ie n :vl,rni<.ip�: wo e. i revised n be, and the same is hereby, amended to read as shown in Exhibit "A" attached hereto and Incorporated herein by this reference. SECTION 3. That subsection .020 of Section 18 20.110 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code, as revised by Ordinance No 2005- 6001 he. an -11 he game is hereov amended in read as c— "020 Recreational -Leisure Areas. Two hundred (200) square feet of recreational -leisure area shall be provided for each dwelling unit and may as provided by private ar-,� cnm.non areas :mbina n- c' both .0201 Common Recreational -Leisure Areas. All common recreational -leisure areas shall be conveniently located and readily accessible from all dwedlin.y -.in is L;catrd oi, the building site arias ii, be io..egrat ed with and contiguous to other common areas on the building site. The common recreational -leisure area may be composed of active or passive facilities and may incorporate any required setback ar as other than setback areas adjacent to public rights-of-way, private streets and alleys and interior property lines, but shall not Include or incorporate any driveways or parking areas, trash pickup or storage are is utility ait,.+:- The common recreational -leisure area shall have a minimum dimension often If 0) feet. .01 Improvement of Common Recreational -Leisure Areas. All common recreationa-lelsure areas shall be landscaped with lawn, trees, shrubs or other plants as set torth in Chapter -8.4e r_� ,scat:u g a. r: Screening) with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and coup game facilities. (a) Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen -type walls installed incidentally to the primary plants in the landscaping shall be permitted and ecaour,ged, (b) All required common recreational -leisure areas and other required open space areas shall be developed and professionally maintained in accordance wth apxwad landscape and' n.ga ,..m pia - s. (c) Courtyards internal to a project or enclosed on at least three (3) sides shall have a minimum width of forty (40) feet ario shall be landscapes root a ran: ; of ra: 's ape fc planting i t e, edir a one ;1) square foot of landscape to one (1) square foot of hardscape. Pools and spas shall be excluded from this ratio. (d) The base of a building shall be separated from adjacent common recreational -leisure area by a planter allowing a minimum thirty (30) inches p;-oting width .0202 Private Recreational -Leisure Areas. In order for private patios and balconies to count toward the Recreational -Leisure Area requirement, they must comply with the toilowicc. 01 Any private patios for ground floor units shall not be less than one hundred (100) square feet in area, with a minimum dimension of eight (8) feet .02 Private balconies for dwelling units located entirely above the ground floor shall not be less than seventy (70) square feet in area, with a minimurn drmens on ct seven (7) feet. Private cat , es - ng -mils located in high-rise towers, eight (8) stories or higher, shall not be less than thirty-five (35) square feet in area, with a minimum dimension of five (5) fee' " SECTION 4. "Flat Section 18.92.060 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows -:,3.92.060 "C" WORDS. TERMS AND PHRASES. `Canopy." A freestanding roof like structure without enclosing walls, supported by columns, poles or braces extending from the around. Oarpert." A permanently roofed structure with not more than two (2) enclosed sides used, or intended to be used,. for automobile shelter and storage "Child Day Care Center, Preschool and Nursery." An establishment or home (other than a Large Family Day Care Home or Smal Family Day Care Hon,.= as der nee :r �.�..s title;vhlch orcv«le- -re, p! and supervision to children, for periods of less than twenty four (24) hours per day, while the parents or guardians of such children are away. 'Club." An association of persons for some common nonprofit purpose but not including groups organized primarily to render a service that is customer, ,.arned on ,is a business 'Cocktail Lounge." A separate area located within a restaurant with on premises sale and consumption of alcoholic beverages wherein alcoholic beverages are sold for onsumption on the premaes, and whicr premises maintains an "eating place" type license issued by the California Department of Alcoholic Beverage Control. A cocktail Icimge is, and at all time; shall rernair a- -accessory use 'o the o -nary restaurarrc. use. "Commercial Retail Center." Any combination of two (2) or more commercial uses or commercial businesses otherwise permitted or conditionally permitted in the zone in which they are roc tem and wrath thi,, —es or businesses are either (i) located on a single parcel of property, (ii) constructed as a single development project. or (lid) result from a remodeling I'oning or other division of space in a buu.iing, business, or use on a single parcel of property. i "Commission" shall mean the "Planning Commission" unless some other commission is specifically mentioned. 'Computer" Includes any electronic device designed or intended to access the Internet or for interconnection with other devices for playing electro c gar =s "Computer Rental/Internet Amusement Business." A business establishment which, for compensation,. provides for public use ten (10) or more compute - or electrom:c ommunication device t�,vhich Jmp.:? ers are connected, for the purpose of providing its patrons with access to the Internet, E Mail, video games played over the Internet or other computer gars•,.- software, whether or not said computes activity consti- tutes the primary use of the premises. Establishments known variously as PC Cafes or Zones, Internet Cafes or Zones, Cyber Cafes or Cyber Centers are expressly Included within the foregoing defu„rich. Ed'.�caton- a! Institutions and child day care centers, preschools and nurseries, as said terms are defined in Chapter 18.92 of this Code, are not included. I 'Condominium.” An estate In real property consisting of an undivided interest In common in a portion of real property together with a separate'n�eres space in a res ::,tial, industrial o car, _roar u on such real property as defined in California Civil Code Section 1351. "Condominium Hotel." A building or group of buildings containing residential condominium units which are owned by individuai investors and may be -,de avc dab y rental as F tei guar: ro, is . .i'e. 1 rec,cired and enforced by a rental pool agreement and/or the covenants, conditions, and restrictions of the condominium development. "Convalescent Homes." See "Rest Homes." 'Convenience Stores." A market or grocery store having an enclosed gross iloor area of less than fifteen thousand (15,000) square feet and engaged p,,, anly in the sale of a limited range of preoackaged tooc. items and secondarily a limited range of household items, magazines, off sale alcoholic beverages and similar items. Food items may be cooked or heated, but not consumes;. on the premises. "Coop." A place of confinement, usually in the form of a cage or small enclosure, used in conjunction with the keeping of animals. "Corral." A yard that is enclosed to adequately confine animals. "Cover Charge." An admission fee imposed upon patrons including advanced prepayment for meals and similar fees. i 'Crib Walls." A wall constructed of individual, but often interlocking, timber or precast concrete components, commonly used for retaining slopes set ::-n a. angle to the vertical, and often includir:,g space for the planting of creeping and/or cascading foliage." SECTION S. That this ordinance shall not become effective unless and until Ordinance No. 2005- relating to Zoning Code Amendment 2004-00036 is approved and adopted by the City Council of the City of Anahe.,n. SECTION 6. SEVERABILITY The City Council of the C'rty 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 im tent of the Council that R would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 7. SAVINGS CLAUSE I 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 effec tive 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 ordi- nance 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 8. 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 Sao - tion 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 25th day of October, 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 8th day of November, 2005, by the following roll call vote: AYES: Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: Mayor Pringle Cl FY OF ANAHEIM Mayor By MAYOR OF THE CITY cOF ANAHEIM ATTEST: 's Sheryll Schroeder CITY CLERK OF THE CIM# ANAHEIM "biish_, Anaheim Builetin November 172005 __15_16 ___.__6880282________,_