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5109ORDINANCE NO. 5109 AN ORDINANCE OF THE CITY OF ANAHEIM -- AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 18.74 RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR SPECIFIC PLAN NO. 90-1 (SP 90-1) ZONE. (ANAHEIM HILLS FESTIVAL) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 18 of the Anaheim Municipal Code is hereby amended by adding thereto Chapter 18.74 to read as follows: CHAPTER 18.74 SPECIFIC PLAN NO. 90-1 (SP 90-1) ZONING AND DEVELOPMENT STANDARDS SECTION 18.74.010 PURPOSE AND INTENT 010 The regulations set forth in this Chapter have been established to provide for orderly development of that certain property (hereinafter referred to as the "Specific Plan Area") described in that Specific Plan No. 90-1 (hereinafter referred to as the "Specific Plan") marked Exhibit "A" and on file in the Office of the City Clerk, approved by the City Council on March 20, 1990 as the same may be hereinafter amended. These regulations provide for the arrangement, development and use of various "Development Area[s]" (as defined in Section 18.74.040.010(b)) within the Specific Plan Area, to create a Regional Shopping Center (hereinafter referred to as "The Festival") which will provide for a wide variety of retailers and a range of services, offices and commercial recreation facilities. Application of these regulations is specifically intended to provide and to ensure the most appropriate use of the Specific Plan Area, to create a harmonious relationship among land uses and to protect the health, safety and welfare of the community. Further, the Specific Plan is consistent with the intent, purpose and goals of the City's General Plan and "Zoning Code" (as defined in 18. 74.040. 010(h) ). .020 In accordance with the provisions of Chapter 18.93 of the Anaheim Municipal Code (hereinafter referred to as the "Specific Plan Ordinance"), the standards herein are patterned after the zone districts and definitions contained in the Zoning Code. A SECTION 18.74.020 GENERAL PROVISIONS .010 The provisions contained herein shall govern the zoning and development of The Festival. Where the provisions contained herein do not discuss a specific condition or situation which arises, the non -conflicting provisions of the Anaheim Municipal Code shall apply to The Festival. In the event of a conflict between the provisions of this Chapter and the other provisions of the Anaheim Municipal Code, the provisions set forth in this Chapter shall govern. .020 The boundaries of the Development Areas and the gross leasable square footage to be developed therein, as described in the Specific Plan, are approximate. Precise Development Area boundaries and the gross leasable square footage to be developed therein shall be established, as hereinafter provided, by the submittal, review and final approval of subdivision ma s and "Site Plans" (as defined below in Section 18.74.040.010(g ). Minor variations from the Development Area boundaries and gross leasable square footage to be developed therein, as described in the Specific Plan, shall be permitted as part of the Site Plan approval process and shall not require the Specific Plan to be amended. .030 All grading shall comply with applicable regulations contained in Title 17 of the Anaheim Municipal Code. Grades shown on the Conceptual Grading Plan may be modified due to technical refinements provided in the final Grading Plan. .040 All construction shall comply with all provisions of the Uniform Building Code and other codes adopted pursuant to Title 15 of the Anaheim Municipal Code. Construction within any Development Area may commence only after Site Plan approval has been obtained from the City of Anaheim. .050 Terms used in this Chapter shall have the meaning set forth in the Anaheim Municipal Code unless otherwise defined. .060 In adopting Resolution 90R- approving and adopting the Specific Plan, the City Council of the City of Anaheim made certain findings of consistency between the General Plan of the City of Anaheim and the Specific Plan. In granting future approvals as contemplated by this Chapter and by the Specific Plan, the particular person or body so acting shall not do so in such a manner so as to abrogate or nullify those findings. -2- SECTION 18.74.030 METHODS AND PROCEDURES FOR SPECIFIC PLAN IMPLEMENTATION The methods and procedures for implementation and administration of the Specific Plan are as follows: .010 Implementation of the Specific Plan. The Specific Plan shall be implemented through the processing of subdivision maps and final Site Plans. .020 Subdivision Map Approval. Subdivision maps shall be submitte3, reviewed and approved in accordance with the provisions of Chapters 17.08 and 17.09 of the Anaheim Municipal Code. Notwithstanding Section 18.01.130 of the Anaheim Municipal Code, parcels created by the subdivision of The Festival shall not be required to front on a public street provided that each such parcel has access, for ingress and egress, to a public street pursuant to recorded reciprocal easement agreement reasonably approved as to form and content by the City Attorney, Traffic Engineer, and the Planning and Engineering Departments. .030 Final Site Plan Approval. Final Site Plans may be submitted in phases or portions of phases. (a) Phase 1 Final Site Plan Approval. The final Site Plan for "Phase 1" (Development Areas 1 and 2) (as defined in Section III F. of the Specific Plan), or portion thereof, (hereinafter collectively referred to as the "Phase 1 Final Site Plan") shall be submitted to the Planning Director for approval prior to issuing a building permit for Phase 1 or portion thereof. If the Planning Director determines that the Phase 1 Final Site Plan is in substantial conformance with the "Master Site Plan" (Exhibit 7a to the Specific Plan), then the Phase 1 Final Site Plan shall be approved by the Planning Director without submission to the Planning Commission for review and approval. The Decision of the Planning Director shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. If the Planning Director determines that the Phase 1 Final Site Plan is not in substantial conformance with the Master Site Plan, then the Phase 1 Final Site Plan shall be reviewed by the Planning Commission at a duly noticed hearing for substantial conformance with the Specific Plan and this Chapter. Notice of said hearing shall be given at the same time and in the same manner as specified for hearings for variances and conditional use permits in the Anaheim Municipal Code. Subject to non -material boundary and gross leasable square footage variations as authorized by subsection 18.74.020.020 of this Chapter, if the final Site Plan is found to be substantial conformance with the Specific Plan and this Chapter, the Planning Commission shall approve the final Site Plan. The Decision of the Planning Commission -3- shall be final unless appealed to the City Council within ten (10) days from the date of such decision. If the Planning Commission determines that the Phase 1 Final Site Plan is not in substantial conformance with the Master Site Plan, then the Specific Plan will have to be amended pursuant to Section 18.74.050, in order to obtain approval of the Phase 1 Final Site Plan. (b) Final Site Plan for other Phases. Other than for Phase 1, the final Site Plan(s) for a particular Development Area, or portion thereof, shall be reviewed at a duly noticed public hearing by the Planning Commission. Notice of said hearing shall be given at the same time and in the same manner as specified for hearings for variances and conditional use permits in the Anaheim Municipal Code. Subject to minor boundary and gross leasable square footage variations as authorized by subsection 18.74.020.020 of this Chapter, if the final Site Plan is found to be consistent with the Specific Plan and this Chapter, and provided that the Planning Commission finds that the final Site Plan will not be detrimental to the health, safety and general welfare of the citizens of the City of Anaheim, the Planning Commission shall approve the final Site Plan. The decision of the Planning Commission shall be final unless appealed to the City Council within ten (10) days from the date of such decision. .040 Final Site Plan Conformance. Following approval of a final Site Plan, if any changes are proposed regarding the size, location or alteration of any use or structures shown on an approved final Site Plan, a revised final Site Plan may be submitted to the Planning Director for approval. If the Planning Director determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan and the general intent of the approved final Site Plan, the revised final Site Plan shall be approved by the Planning Director without submittal to the Planning Commission for review and approval. The decision of the Planning Director shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. If the Planning Director determines that the proposed revision is not in substantial conformance with the approved final Site Plan, then the revised final Site Plan shall be submitted to the Planning Commission for review and action pursuant to subsection 18.74.030.030(b) herein. Notwithstanding the foregoing, the Planning Director shall have the discretion to refer consideration of the revised final Site Plan to the Planning Commission as a Report and Recommendation item. If the Planning Commission determines that the proposed revision is in substantial conformance with the provisions of the Specific Plan and the general intent of the approved final Site Plan, the revised final Site Plan shall be approved by the Planning Commission. The decision of the Planning Commission -4- i shall be final unless appealed to the City Council within ten (10) days from the date of such decision. .050 Specific Plan Amendments. Amendments to the Specific Plan shall e processed in accordance with the provisions of Chapter 18.93 of the Anaheim Municipal Code. SECTION 18.74.040 DEVELOPMENT STANDARDS Set forth below are the standards for the development of The Festival. The Development Areas and Exhibits referenced herein are incorporated into this Chapter by this reference as if set forth in full. .010 Terms. The following terms shall have the meanings ascribeJto them below: (a)r'Scenic Corridor Overlay Zone" shall mean the zone designated in Chapter 18.44, Sections .010 through .130 of the Zoning Code, as the same has been modified by this Chapter 18.74. (b) "Development Area" or "Development Areas" shall mean any one or more of the four Development Areas shown on Exhibit 7 to the S ecific Plan, i.e., the Scenic Commercial ("Development Area 111�; Retail Commercial and Entertainment ("Development Area 211); Visitor Commercial ("Development Area 311); and/or Business Commercial Development Area ("Development Area 411). (c) "Furniture and Home Improvement Stores" shall include, but not be limited to, the following types of stores: retail/discount, finished and unfinished furniture, hardware, wall and floor coverings, lamps and lighting fixtures, interior design, lumber (indoor and fully screened outdoor) and home improvement uses. (d) "Minimum Landscaped Area" shall mean a minimum "Setback" (as defined below in subsection 18.74.040.010(f)) area measured from the right-of-way which may contain landscaping, walkways, plazas, decorative walls not to exceed three (3) feet in height, retaining walls up to a maximum of ten (10) feet in height and signage but shall not include "Parking Areas" (as defined below in subsection 18.74.040.010(e)). (e) "Parking Areas" shall be defined as all parking spaces, aisles and interior accessways, excluding service accessways and loading areas. (f) "Setback" shall mean the distance from the exterior of the structural building wall closest to a given right-of-way (exclusive of canopies) to the nearest edge of that right-of-way. Setbacks may include landscaping, walkways, -5- W decorative walls up to three (3) feet in height, retaining walls up to ten (10) feet in height, signage, Parking Areas and plazas. (g) "Site Plan" shall mean a site plan for that phase, or portion thereof, under consideration. (h) "Zoning Code" shall mean Title 18 of the Anaheim Municipal Code. .020 General Standards. Except as otherwise specifically set forth herein, the standards of the Scenic Corridor Overlay Zone shall apply. The use, building and structural height, Setback, improvement of Setback, landscaping and roof projection requirements set forth in this subsection 18.74.040.020 shall apply in each of the four Development Areas unless otherwise stated therein. (a) Permitted Uses. Uses listed as "Permitted Accessory Uses" and ffPermitted Temporary Uses" from the Anaheim Municipal Code Sections 18.44.03 and 18.44.040 of the Commercial Overlay Zone and the following uses and substantially similar uses shall be permitted in all Development Areas: 1. Antique Shop; 2. Automobile rental agencies (office only with no on-site car display or car storage); 3. Bakery; 4. Barber/Beauty Shops; 5. Bicycle shops; 6. Book stores; 7. Bowling, Pool or Billiard Centers; 8. Broadcasting Studio; 9. Business Offices/Agencies; 10. Candy Stores; 11. Carpet and rug sales and installation; 12. Catering establishments; 13. China and glassware stores; 14. Cigar and smoke shops; -6- i 15. Clothing or Apparel Stores; 16. Commercial Retail Centers; 17. Conservatoire Studios; 18. Convenience food stores (not in connection with gasoline sales); 19. Curtain and drapery shops; 20. Department Stores; 21. Drug Stores; 22. Electrical equipment sales and repair shops; 23. Fabric shops; 24. Fast Food Restaurants --Development Areas 1 and 2 --two drive throughs maximum, one on Pad D and one on another Pad in Development Area 1 or 2 and an additional 7,500 square feet maximum of fast food space in the main tenant area of Development Areas 1 and 2; 25. Financial Institutions with walk-up windows/automatic teller machines; 26. Financial Institutions with drive-through --Maximum of three in Development Areas 1 and 2. To be located on pad E and on two other Pads in Development Area No. 1 or 2; 27. Floor covering shops; 28. Florists; 29. Furniture Stores; 30. Health Spas and physical fitness centers up to 4,000 square feet; 31. Hobby Shops; 32. Home Improvement Stores; 33. Interior Decorator; 34. Jewelry Stores; 35. Laundry and dry cleaning; -7- i shops; 36. Leather goods and luggage stores; 37. Liquor Stores; 38. Locksmiths; 39. Meat market; 40. Medical/Dental offices; 41. Musical instrument sales and repair 42. Music stores; 43. Newspaper and magazine stores; 44. Office business machine and computer component stores; 45. Optical and Optometrical offices/shops; 46. Paint, glass and wallpaper stores; 47. Pinball and electronic game arcades (pursuant to an arcade permit); 48. Record, tape and video stores; 49. Rental Services; 50. "Reproduction Service Businesses" including, but not be limited to, messenger services, wire services, blueprinting, drafting, job printing, microfilming, etc.; 51. Retail supply stores including, but not limited to, vehicle accessories and parts, books, hardware, pet shops, photographic, sporting goods, tobacconists, toys, yardage, etc.; 52. Secretarial or Answering services; 53. Shoe stores; 54. Sit-down restaurants with or without alcohol; 55. Specialty food stores such as delicatessens, cookie stores, yogurt shops and other specialized retail food stores; 56. Supermarkets, markets and groceries; -8- I 57. Travel Agencies; S8. Typewriter sales and service; S9. Veterinary clinics, non -boarding; and 60. Watch and clock sales and repair shops. (b) Conditional Uses. The following uses and substantially similar uses shall be permitted with a conditional use permit: 1. One automobile washing: self-service or automatic, including use of mechanical conveyors, blowers and steam cleaners (hereinafter referred to as "Autowash") (on lower level/north portion of Development Area No. 2); 2. Convenience food stores in connection with gasoline sales; elderly); 3. Day care centers (for children or 4. Medical/Dental Labs; and S. Medical emergency care facilities (c) Building and Structural Height Limitations. 1. Building Height. Except as otherwise specifically set T—ortTiherein, building heights shall conform with the Requirements of the Scenic Corridor Overlay Zone. The height of all structures shall be measured from the highest portion of the structure to the ground floor elevation directly below that point, including any roof -mounted equipment and architectural projections, except as otherwise indicated herein. 2. Roof Mounted Equipment. Roof -mounted equipment shall be permil—t-Te"d only to the extent that such equipment is screened from street view by architectural elements and painted to match building coloration. Roof -mounted equipment shall not exceed the height of the architectural projections. (d) Lighting Height Limitations. Lights in the internal parking lots, access roads and local roads shall not exceed a height of thirty (30) feet including the base, except that all such lights in Development Area 4 shall not exceed a height of twelve (12) feet including the base. All such lights shall be shielded so as to not project light off-site and where located in the parking lots shall be of a high pressure sodium type. r (e) Setbacks. Except as otherwise specifically set forth herein, Set ac s shall conform to the Requirements of the Scenic Corridor Overlay Zone. Buildings along internal parking access roads shall be subject to a minimum building Setback of five (5) feet. (f) Improvements of Setbacks. Except as otherwise specifically set forth herein, improvement and landscaping of required Setbacks shall conform to the Requirements of the Scenic Corridor Overlay Zone. Setbacks along internal parking access roads may include sidewalks, seating areas, plazas and landscaping. Except to the extent that Minimum Landscaped Areas are specifically required herein, Setback areas may include Parking Areas. (g) Landscaping. Parking area end islands shall contain a minimum of one tree each with tree wells provided within the parking area. Parking Areas shall be landscaped with at least one tree per three thousand (3,000) square feet of parking area with tree wells provided within the parking area. The trees shall be located in parking end islands, in tree wells, adjacent to interior drive aisles, in perimeter areas abutting the parking area and adjacent to buildings abutting the Parking Areas. Approximately five hundred (500) trees shall be planted within the Parking Areas with an approximate distribution of ten percent (100) in building areas, twenty percent (200) in end islands, twenty-five percent (250) in tree wells and forty-five percent (4S%) in accessways and perimeters. Trees shall be planted no closer than seven (7) feet from the sidewalk on public streets. The minimum size of parking area trees shall be twenty-four (24) inch box trees. The average planter area of all tree planters shall be forty-eight (48) square feet, with a minimum dimension of six (6) feet. (h) Site Screening Setback. Along any area abutting a residential zone boundary, site screening shall be provided by a Minimum Landscaped Area of ten (10) feet utilizing a combination of trees and shrubs. A wrought iron fence shall be required to be located separating the developed portion of the Specific Plan Area from the residential properties to the south, at a location to be approved by the City Engineer, which shall be completed prior to issuance of building permits. (i) Sign Regulations. Entrance monumentation and other site and Fuilding signage shall be permitted. Such signage shall be governed by the standards set forth in subsection 18.74.040.080. (j) Parking Regulations. Parking Areas shall be permitted as set fofth herein. Such areas shall be governed by the standards set forth in subsection 18.74.040.070. -10- .030 Development Area 1 - Scenic Commercial Development Area. Development Area 1 is designed to accommodate retail uses, restaurants and financial services. In addition to the applicable and non -conflicting portions of subsection 18.74.040.020 of the Anaheim Municipal Code and the Zoning Code, the following regulations will govern this area: (a) Permitted Uses. In addition to the uses permitted on Section 18.74.040.020(a); the following use shall be permitted: 1. Service station without carwash or convenience market. (b) Setbacks. An average building Setback of fifty (50) feet along Santa Ana Canyon Road shall be provided, to be measured from the right-of-way to the building and a minimum building Setback of twenty (20) feet along Roosevelt Road shall be provided, with a Minimum Landscaped Area of thirty (30) feet for any one building on Santa Ana Canyon Road. (c) Rear of Buildings. No rear elevations of buildings shall be visible from Santa Ana Canyon Road unless architecturally detailed to present a finished appearance. .040 Development Area 2 - Retail Commercial and Entertainment Development Area. Development Area 2 is designed to accommodate retail uses, restaurants, financial services, department stores and theaters. In addition to the applicable and non -conflicting portions of subsection 18.74.040.020 and the Zoning Code, the following regulations shall govern this area: (a) Permitted Uses. In addition to the uses permitted in Section 18.74.040.020(a), the following uses and substantially similar uses shall be permitted in Development Area 2: 1. Outdoor garden centers (fully screened); 2. Theatres (other than drive-ins): (a) one dinner theatre; and (b) one multi-plex cinema; and 3. Outdoor food carts and small sales kiosks. (b) Building Height. The maximum height shall be thirty-five (35) feet and two (2) stories, excluding architectural projections and properly screened roof -mounted equipment which may extend up to five (5) feet, for a total of forty (40) feet. -11- J (c) Setbacks. A minimum building Setback of twenty (20) feet along Roosevelt Road shall be provided measured from the right-of-way to the building. (d) Im rovement of Setbacks. Minimum Landscaped Areas of twenty (20 eet along Roosevelt Road and ten (10) feet along Festival Drive shall be provided. .050 Development Area 3 - Visitor Commercial Development Area. Deve opment Area 3 is desi-9ned to accommodate a hotel along with retail and restaurant uses. In addition to the applicable non -conflicting portions of subsection 18.74.040.020 and the Zoning Code, the following regulations shall govern this area: (a) Permitted Uses. In addition to the uses permitted in Section 18.74.040.020(a), the following uses and substantially similar uses shall be permitted in Development Area 3: 1. Hotel; and 2. Private recreation facilities (including health spas and massage facilities not to exceed 4,000 square feet) for use by hotel patrons and integrated into the hotel design. (b) Buildin Height. The maximum height for the hotel shall be forty-five 45 feet and three (3) stories, excluding architectural projections and properly screened roof -mounted equipment which may extend up to five (5) feet, for a total of fifty (50) feet. (c) Setbacks. The minimum building Setback from Santa Ana Canyon Roa sia be thirty (30) feet, with a minimum landscaped area of thirty (30) feet for any one building on Santa Ana Canyon Road. (d) Improvement of Setbacks. A Minimum Landscaped Area of ten (10) teet slime provided along Festival Drive. .060 Development Area 4 - Business Commercial Development Area. Development Area 4 is designed to accommodate oTfTice uses including conference and convention centers together with retail and food service uses. In addition to the applicable non -conflicting portions of subsection 18.74.040.020 and the Zoning Code, the following regulations will govern this area: (a) Permitted Uses. In addition to the uses permitted in Section 18.74.040.020(a), the following uses and substantially similar uses shall be permitted in Development Area 4: -12- 1. Conference and convention centers; and 2. Corporate headquarters. (b) Conditional Uses. The following uses and substantially similar uses shall be permitted with a conditional use permit: 1. Community recreational facilities. (c) Building Height. The maximum height for a building shall be forty-five 45 feet and three (3) stories, excluding architectural projections and roof -mounted equipment which may extend up to five (5) feet, for a total of fifty (50) feet. (d) Improvement of Setbacks. A Minimum Landscaped Area of ten 10feet shall be provided along Festival Drive. .070 Parking Requirements. The standards of the Anaheim Municipal Code Chapter 18.06 shall apply except as provided below: (a) Commercial Parking Spaces. Fast food restaurants: fifteen 15 spaces for every one thousand (1,000) square feet of gross floor area. Furniture and Home Improvement Stores: one and one-half (1.5) spaces for every one thousand (1,000) square feet of gross floor area. (b) Loading Areas. One (1) space for each free-standing building over twenty-five thousand (25,000) square feet of gross floor area. (c) Joint Use. Joint use of Parking Areas shall be permitted between Development Areas 1 and 2 as well as between particular uses in such Development Areas. .080 Sign Regulations. The standards of the City of Anaheim's Municipal Code Chapter 18.05 shall be replaced in total by the following Sections: (a) Purpose and Intent. The intent of The Festival sign regulations is to provide the standards necessary to achieve a visually coordinated, balanced and attractive sign environment for The Festival. The specifications within this Section are intended to help achieve visual identification and unity for the uses. Each sign shall be designed, constructed and installed in accordance with these regulations, prior to tenant opening for business in the center. Compliance with these sign regulations shall be strictly enforced by the landlord. Any nonconforming or illegally installed signs shall be removed by -13- the tenant or his/her sign contractor at their expense. (b) Definitions. 1. Animated Signs: Signs designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs. 2. Banner Signs: Any sign made of fabric, paper or other lig-Ft-weight material, whether or not it is enclosed by a rigid frame, attached to any exterior wall or portion of a building or other structure. 3. Building Frontage: The linear length of a building directly facing a public street, alley, parking area or pedestrian walkway, which contains a public entrance, not including bay windows or other ornamental trim. 4. Canopy or Cantilever Signs: Any sign placed on, or supported entirely Ty, a rigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure. S. Directional Signs: Signs which contain any of the following wor s: 'entrance," "enter," "out," "one-way," or words which contain non -flashing arrows or other characters indicating traffic direction and which do not contain advertising matter. 6. Monument Signs: Any free-standing sign connected to the ground with a base designed to be architecturally compatible with The Festival and advertising The Festival and/or retailer located in The Festival. 7. Projecting Signs: Signs other than Wall Signs (as defined elow in 18.74.040.080b.15) which are suspended from, or supported by, a building or wall and which project. 8. Roof Signs: Signs erected, constructed and maintained upon, or connected to, the roof of any building. 9. Shopping Center Identification Signs: Free-standing signs which advertise or direct attention to The Festival or to an area having three (3) or more separate businesses located on a single parcel or lot. 10. Sign Area: sign lettering. -14- That area encompassing the I 11. Sign Height: Maximum vertical dimension of a sign or sign structure measured from the grade directly below that point. 12. Sign Width: Maximum horizontal dimension of a sign or sign structure. 13. Temporary Signs: Signs erected for a temporary purpose, such as announcing a proposed use or indicating "for sale" or "for lease"), and not to exceed a period of six (6) months, including pennants, valances, or advertising displays constructed of wood, metal, fiberglass or plastic. 14. Under -Canopy Signs: Unlighted or luminous signs attached to the underside of a projecting canopy perpendicular to the Building Frontage. 15. Wall Signs: Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than twelve (12) inches from the building or structure wall. 16. Window Signs: Signs painted, attached, glued or otherwise affixed to the interior of a window or otherwise easily visible from the exterior of the building. Such signs may be temporary or permanent (painted). (c) Prohibited Signs. 1. Animated Signs, flashing, audible and intermittent signs. 2. Projecting Signs which project into the public right-of-way. 3. Portable signs. 4. Mechanical movement. 5. Projecting Signs that project above a parapet or the highest point of a roof. 6. Vehicle -mounted signs. 7. Painted Wall Signs - other than building addresses. 8. Roof Signs. -15- W 9. Exposed lamps. 10. Signs that location, or illumination any traffic control device efficient flow of traffic. by color, wording, design, resemble or conflict with or impede safe and 11. Signs that create a safety hazard by obstructing the clear view of pedestrian and/or vehicular traffic. 12. Balloons and searchlights. (d) Permitted Signs: 1. Shopping Center Identification Sign. Sign locations are shown on Exhibit No. 16, Monumentation and Signage Plan, to the Specific Plan. This Exhibit shows primary signage only. Additional signs as specified by this Section will also be permitted. Three Shopping Center Monument Identification Signs shall be permitted for The Festival. The maximum shall be six (6) feet from twenty (120) square feet, designed into a wallscape. shall be twenty (20) feet. located in compliance with sight requirements. Sign Height and Sign Area grade and one hundred respectively, for a sign The maximum Sign Width Such signs shall be the City of Anaheim line of 2. Major Tenant Identification Signs. (a) Two Monument Signs shall be permitted on Santa Ana Canyon Road. The maximum Sign Height of the Monument Signs shall be twenty (20) feet with a maximum Sign Width of ten (10) feet. Up to five tenant names may be located on each sign and the maximum Sign Area shall be one hundred fifty (150) square feet. The sign letters shall have a maximum letter height of twenty-four (24) inches. (b) One low Monument Sign shall be permitted. The maximum Sign Height and Sign Area of the low Monument Sign shall be six (6) feet and one hundred twenty (120) square feet, respectively. The low Monument Sign shall be designed into a wall scape. The maximum Sign Width shall be twenty feet. Up to four tenant -16- a names may be located on the low Monument Sign (which is to be located at the intersection of Roosevelt Road and Festival Drive). 3. Major Retailer Identification. Permitted signs and requirements: (a) A primary Wall Sign is permitted on store fascia and/or rear elevations (only for the upper level retailers in excess of 15,000 square feet in Development Area 2) for each major retailer (a tenant who leases in excess of fifteen thousand (15,000) square feet) provided, however, that there shall be a maximum of two primary Wall Signs per retailer. The Sign Area of the primary Wall Si n shall be a maximum of one hundred sixty (160 square feet, and it shall have a maximum Sign Height of six (6) feet and a maximum Sign Width of forty (40) feet. The sign letters shall have a maximum letter height of seventy-two (72) inches and total thirty (30) feet in length. (b) One secondary Wall Sign shall be permitted on any wall facing The Festival or a street. The Sign Area shall not exceed one-half (1/2) the size of the primary sign. The sign letters shall be a maximum letter height of thirty-six (36) inches and total thirty (30) feet in length. 4. In -Line Shop Buildings. (a) One primary Wall Sign per store shall be permitted with the maximum letter height of thirty (30) inches. In the event that two rows of letters are required, the maximum letter height shall be twelve (12) inches per row with the total height not to exceed thirty (30) inches. In no case shall the Sign Width be greater than thirty (30) feet nor total Sign Area exceed twenty percent (200) of the storefront footage. (b) For retail stores located on a corner, one secondary Wall Sign shall be permitted on the side of each store. The Sign Area shall not exceed one-half (1/2) the size of the primary sign. (c) One Under -Canopy Sign per tenant not to exceed eighteen (18) square feet in Sign Area shall also be permitted per store. -17- W 5. Theatre Marquee. Permitted signs and requirements: (a) One vertical Wall Sign. The sign shall be located over the theater's main entrance and total no more than one hundred sixty (160) square feet in Sign Area. The Sign Width shall not exceed forty (40) feet and the Sign Height shall not exceed six (6) feet. (b) One theater marquee sign. The sign shall be located at the intersection of Festival Drive and Santa Ana Canyon Road and total no more than one hundred sixty (160) square feet in Sign Area. The Sign Height shall not exceed twenty (20) feet and the Sign Width shall not exceed ten (10) feet. (c) Eight (8) poster boxes shall be permitted on the front of the theater not to exceed four (4) feet by six (6) feet. 6. Free -Standing Pad Buildings. The following are pTr—m-11-t—ted signs and requirements for a pad with one tenant or multi -tenant (for example a free-standing restaurant or bank on a pad): (a) Each single tenant building shall be permitted one primary Wall Sign on a maximum of two building faces with the maximum letter height of thirty-six (36) inches. In the event that two rows of letters are required, the maximum letter height shall be eighteen (18) inches per row. For multi -tenant buildings, one primary sign on the building face and one primary sign on any corner elevation visible from the parking area or adjacent roadways shall be permitted. In no case shall the Sign Width be greater than thirty (30) feet or the Sign Area exceed twenty percent (200) of the storefront square footage. (b) One secondary Wall Sign shall be permitted on one elevation not containing the primary sign and one Monument Sign shall also be permitted. The secondary Wall Sign shall be one-half (1/2) the size of the primary sign and not be located on the elevation fronting the Monument Sign location. If the business owner so desires, he/she may have two secondary Wall Signs in lieu of the Monument Sign. The Sign Height of the Monument Sign shall be a maximum of six (6) feet, the Sign Width shall be a maximum of eight (8) feet and the Sign Area shall be a maximum of forty-eight (48) square feet. -18- 7. Banner Signs. Each tenant shall be permitted one Banner Sign issued under the City's special events permit requirements. The Banner Sign's Sign Area shall be a maximum of fifty (50) square feet. 8. Window Signs. The Sign Area of each Window Sign shall not exceed more than twenty percent (20%) of that window in which it is placed. All temporary Window Signs may remain for a period no longer than thirty (30) days within a one (1) year period. 9. Temporary Signs. Temporary Signs shall not exceed a Sign Height of twelve (12) feet, a Sign Width of ten (10) feet, nor a Sign Area of one hundred (100) square feet. 10. Sign_ Lighting. On -premise advertising signs and center identification signs shall be illuminated only between the hours of 6:30 a.m. to midnight, except that the sign containing the supermarket logo may be illuminated during the operating hours of the supermarket; and illumination of on -premise tenant advertising shall be limited to business hours, plus one hour before opening time and one hour after closing time for each use. 11. Directional Sign. Directional Signs shall be permitted as needed to direct traffic to storefronts, entrances and service and loading areas. The Sign Area of each Directional Sign shall not exceed six (6) square feet and the Sign Height shall not exceed six (6) feet. 18.74.050 RECLASSIFICATION PROCEDURE -VIOLATION .010 Concurrent with or subsequent to introduction of an ordinance adding this Chapter to the Municipal Code, the City Council may introduce an ordinance to reclassify the property covered by Specific Plan No. 90-1 (SP No. 90-1) and this Chapter to the zoning designation SP No. 90-1. Such reclassification shall be subject to each of those certain conditions of approval of SP No. 90-1 as set forth in Resolution No. 90R- Any violation of any of said conditions shall be deemed a violation of this Chapter as well as of the reclassification ordinance and shall be punishable as set forth in Section 1.01.370 of the Municipal 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, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would -19- 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 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 provisons 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 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. 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 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 is approved and adopted by the City Council of the City of Anaheim this27thday of March , 1990. JMAYOR Of ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM SJM:db:kh 3525L 032290 -20- CLERK 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. 5109 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of March, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of March, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5109 on the 28th day of March, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of March, 1990. 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 Ordinance No. 5109 and was published once in the Anaheim Bulletin on the 6th day of April, 1990. CITY CLERK OF THE CITY OF ANAHEIM