5614ORDINANCE NO. 5614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING ORDINANCE NOS. 5443 and 5444
RELATING TO THE HOTEL CIRCLE SPECIFIC PLAN NO. 93-1,
AMENDMENT NO. l(CHAPTER 18.79 OF THE ANAHEIM
MUNICIPAL CODE).
WHEREAS, pursuant to the procedures set forth in Chapter
18.93 of the Anaheim Municipal Code, on August 9, 1994, the
City Council of the City of Anaheim adopted Ordinance No. 5443
amending the zoning map to reclassify certain real property
described therein into the Hotel Circle Specific Plan No. 93-1
Zone subject to certain conditions as specified therein, and
Ordinance No. 5444 relating to establishment of Zoning and
Development Standards for the Hotel Circle Specific Plan No.
93-1 by the addition of Chapter 18.79 to said Code; and
WHEREAS, pursuant to Chapter 18.93 of the Anaheim
Municipal Code, the City Planning Commission did receive a
request to amend the Hotel Circle Specific Plan No. 93-1 Zone;
and
WHEREAS, the proposed amendment to the Hotel Circle
Specific Plan No. 93-1 would amend Zoning and Development
Standards for approximately 5.95 acres in the Specific Plan
Zone, which area is more particularly described in Attachment
A to this Ordinance and incorporated by this reference herein
(hereafter "District A") of the 6.8 -acre Hotel Circle Specific
Plan Area; and
WHEREAS, the proposed amendment to the Hotel Circle
Specific Plan No. 93-1 excludes the remaining approximately
.85 acre area in the Specific Plan Zone, which excluded area
is more particularly described in Attachment B to this
Ordinance and incorporated by this reference herein (hereafter
"District B") of the 6.8 -acre Hotel Circle Specific Plan Area;
and
WHEREAS, on August 4, 1997, the Anaheim City Planning
Commission considered and recommended to the City Council
partial approval of the proposed amendment to the Hotel Circle
Specific Plan No. 93-1 to amend Zoning and Development
Standards relating to increasing the timing from five to eight
years for converting existing hotels to vacation ownership
units, permitting hotel units and vacation ownership units on
a permanent basis subject to the approval of a conditional use
permit, permitting subterranean parking and permitting theme
signage subject to the approval of a conditional use permit;
and
WHEREAS, on September 9, 1997, the Anaheim City Council
considered and approved the proposed amendment to the Hotel
Circle Specific Plan No. 93-1 to amend Zoning and Development
Standards relating to increasing the timing from five to eight
years for converting existing hotels to vacation ownership
units, permitting hotel units and vacation ownership units on
a permanent basis subject to the approval of a conditional use
permit, permitting subterranean parking, permitting theme
signage subject to the approval of a conditional use permit
and providing for up to 969 units to be vacation ownership
resort units as a permitted use (hereinafter "Amendment No.
1"); and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act ("CEQA"), the City Council has
modified Mitigation Monitoring Program No. 0079 (to amend a
mitigation measure relating to construction barriers, a copy
of which program is attached hereto as Attachment C and
incorporated herein by this reference, and determined that the
previously -approved Mitigated Negative Declaration
(incorporating the measures set forth in Modified Mitigation
Monitoring Program No. 0079) is adequate to serve as the
required environmental documentation for the proposed project;
and
WHEREAS, Ordinance No. 5443 which amended the zoning map
to reclassify subject 6.8 acre property into the Hotel Circle
Specific Plan No. 93-1 Zone subject to certain conditions
requires that the property owner/developer comply with the
requirements of Mitigation Monitoring Program No. 0079,
attached thereto as Attachment B.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
A. That Ordinance No. 5444 be, and the same is hereby,
amended to revise the Zoning and Development Standards in
Chapter 18.79 of the Anaheim Municipal Code as follows:
SECTION 1.
That subsection .040 of Section 18.79.030 of Chapter
18.79 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby amended (to add new paragraphs .0403 and .0404)
to read as follows:
".040 'D' WORDS, TERMS AND PHRASES.
.0401 Development.
property for purposes of
structures, improvements
the project as set forth
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The improvement of the
constructing the
and facilities comprising
in the Specific Plan,
including, without limitation: grading; the
construction of infrastructure and public facilities
relating to the project whether located within or
outside the property; the construction of any
structure; and the installation of utilities and
landscaping.
.0402 Drive. An on-site vehicular passageway
between Clementine and Zeyn Streets for the
exclusive use of the occupants of a project or
property and their guests. A drive shall not be
considered a street. Parking shall be permitted on
a drive provided the drive complies with Engineering
Standard Detail No. 602.
.0403 District A. That portion of the Specific
Plan Area comprising approximately 5.95 acres and
more particularly described in Attachment A of
Ordinance No.
.0404 District B. That portion of the
Specific Plan area comprising approximately .85 acre
and more particularly described in Attachment B of
Ordinance No. ."
SECTION 2.
That subsection .030 of Section 18.79.060 of Chapter
18.79 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
".030 Vacation ownership resorts (up to a total of
830 rooms in District A and 139 rooms in District B of
the Hotel Circle Specific Plan Area) in compliance with
the requirements of Section 18.79.130 entitled
"REQUIREMENTS FOR VACATION OWNERSHIP RESORTS" of this
Chapter."
SECTION 3.
That subsection .201 of Section 18.79.090 of Chapter
18.79 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, deleted.
SECTION 4.
That subsection .203 of Section 18.79.090 of Chapter
18.79 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby amended to read as follows:
".203 Vacation ownership resort conversion,
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District A. Vacation ownership resort conversion with
vacation ownership units and hotel units within the same
building on a permanent basis."
SECTION 5
That subsection .040 of Section 18.79.111 of Chapter
18.79 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended to read as follows:
".040 Parking Structure Height. The maximum height of a
parking structure adjacent to or in conjunction with the
Parkview Hotel (the northernmost parcel located on the east
side of Clementine Street) shall be four (4) stories or a
maximum of forty (40) feet tall, excluding roof -mounted
appurtenances or architectural features. The maximum height
of a parking structure adjacent to or in conjunction with the
Katella Hotel shall be four (4) stories or a maximum of forty-
eight (48) feet tall, excluding roof -mounted appurtenances or
architectural features. In District A of the Hotel Circle
Specific Plan area, subterranean parking structures shall be
permitted."
SECTION 6
That subsection .030 of Section 18.79.130 of Chapter
18.79 of the Anaheim Municipal Code be, and the same is
hereby, deleted.
SECTION 7
That subsection .080 of Section 18.79.130 of Chapter
18.79 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
`.080 Conversion to Vacation Ownership Resorts.
Hotels existing or under construction in the Specific
Plan area as of the date of adoption of the Specific Plan
Ordinance (August 9, 1994) may be converted to vacation
ownership resorts in their existing condition for a
period of eight (8) years from the City Council adoption
of the Specific Plan ordinance without the requirement
that such facilities comply with the development
standards set forth in this Chapter. Hotels, the
construction of which is commenced after the date of
adoption of the Hotel Circle Specific Plan, may also be
converted to vacation ownership resorts within a period
of ten (10) years from the date of the Certificate of
Occupancy for the hotel building or ten (10) years from
City Council adoption of the Specific Plan ordinance,
whichever is less, provided that such hotels have been
El
developed in accordance with the development standards
set forth in this Chapter. Conversions following these
time limitations may be permitted by Conditional Use
Permit using the criteria contained in Chapter 18.48 of
this Code.
.0801 Conversion of a Vacation Ownership
Resort to a hotel shall require a Conditional Use
Permit.
.0802 No hotel building within District B
of the Hotel Circle Specific Plan area shall contain
both hotel units and vacation ownership units on a
permanent basis."
SECTION 8.
That subsection .020 of Section 18.79.145 of Chapter
18.79 of Title 18 of the Anaheim Municipal Code be, and the
same is hereby, amended (to add paragraph .0206) to read as
follows:
".020 Conditionally Permitted Signs. The
following signs shall be permitted subject to the
approval of a conditional use permit pursuant to and in
accordance with the applicable provisions of Chapter
18.03 entitled "ZONING PROCEDURES -AMENDMENTS, CONDITIONAL
USE PERMITS AND VARIANCES" of the Anaheim Municipal Code.
With the exception of theme signage set forth in
18.79.145.020.0206, wherein the development standards
will be determined by the conditional use permit, this
Section is not intended to conditionally allow signs
prohibited by this Chapter or to change the standards
contained herein, but is intended to provide a mechanism
to address special circumstances:
.0201 On-site direction guidance and on-
site directory signs visible from public rights-of-
way.
.0202 Signs neither otherwise expressly
permitted nor otherwise expressly prohibited in this
zone.
.0203 Signs for any use, building or
structures requiring a conditional use permit
wherein the proposed overall signage program for
said use, building or structure is not otherwise in
conformance with the requirements of this Zone.
0204 One (1) changeable copy sign along
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Katella Avenue, the size, location, height, and
design of which shall be as approved by Conditional
Use Permit. The sign may be provided for one (1) of
the following three choices: (a) a theme restaurant,
(b) a theater or entertainment facility or (c) any
site containing four (4) or more contiguous acres.
.0205 Projecting signs as specified in
Section 18.79.140.047 entitled "PROJECTING SIGN" of
this Chapter.
.0206 Theme Signage. Theme signage shall
be permitted in District A of the Hotel Circle
Specific Plan Area, subject to approval of a
conditional use permit.
(a) Theme signage size, location, height, and
design shall be determined by the conditional
use permit.
(b) One changeable message component may be
permitted as part of the theme signage subject
to the requirements in Section
18.79.145.020.0204 of this Code."
B. That Ordinance No. 5443 be, and the same is hereby,
amended to substitute the amended Mitigation Monitoring
Program No. 0079 attached hereto as Attachment C for the
previously approved Mitigation Monitoring Program attached as
Attachment B of Ordinance No. 5443.
C. That, except as expressly amended herein, Ordinance
Nos. 5443 and 5444, shall remain in full force and effect.
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 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
0
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
enactment.
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 therefor as provided for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by
the City Council of the City of Anaheim this 21stday of October,
1997.
I
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
0024453.01\smann
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5614 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 9th day of September, 1997, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 21 st day of October, 1997, by
the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Lopez
NOES: MAYOR/COUNCIL MEMBERS: McCracken, Daly
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5614 on the 21st day of October, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 21 st day of October, 1997.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5614 and was published once in the North County News on
the 30th day of October, 1997.
�e e 7)"t
CITY CLERK OF THE CITY OF ANAHEIM