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5714ORDINANCE NO.5714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SPECIFIC PLAN ADJUSTMENT NO. 5 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AMENDING ORDINANCE NO. 5517, AS PREVIOUSLY AMENDED, AND AMENDING SUBSECTIONS .010 AND 050 OF SECTION 18.110.100 OF SECTION 18.110.100 OF CHAPTER 18.110 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE (SELF-SERVICE LAUNDRIES). WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, on September 12, 1995, the City Council of the City of Anaheim adopted Ordinance No. 5518 amending the zoning map to reclassify certain real property described therein into the Northeast Area Specific Plan Zone subject to certain conditions as specified therein, and Ordinance No. 5517 relating to the establishment of Zoning and Development Standards for the Northeast Area Specific Plan No. 94-1 by the addition of Chapter 18.110 to said Code; and WHEREAS, in connection with adoption of Specific Plan No. 94-1 (Northeast Area), the City Council certified EIR No. 317 with the Statement of Overriding Considerations finding that the Northeast Area Specific Plan incorporates measures to mitigate or avoid significant impacts on the environment and will itself act as effective mitigation for potential environmental impacts identified in Environmental Impact Report No. 317; and, WHEREAS, on June 4, 1996, the City Council adopted Ordinance No. 5563 amending Ordinance No. 5517 relating to the Northeast Area Specific Plan No. 94-1, which amendment added a provision permitting service stations as a conditional use in Development Area 4 (Transit Core)("Adjustment No. 1"); and WHEREAS, on June 4, 1996, the City Council adopted Ordinance No. 5564 amending Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, relating to automotive vehicle repair as a conditional use in Development Area 4 (Transit Core)("Adjustment No. 2"); and WHEREAS, on June 11, 1996, the City Council adopted Ordinance No. 5565 amending various Chapters of Title 18 including Chapter 18.110 amending Ordinance No. 5517, the Northeast Area Specific Plan No. 94-1, relating to eating and drinking establishments ("Adjustment No. 3"); and, WHEREAS, on August 20, 1996, the City Council adopted Ordinance No. 5574 amending Ordinance No. 5517, Northeast Area Specific Plan No. 94-1, related to deleting a time limitation for churches ("Adjustment No.4"); and WHEREAS, the proposed adjustment requests amendment of the requirements for self-service laundry establishments to authorize such establishments by the approval of a conditional use permit; and WHEREAS, on November 22, 1999, the Anaheim City Planning Commission considered and approved the proposed Adjustment No. 5 and recommended to the City Council that it adopt an ordinance incorporating said proposed adjustment; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council has determined that the project is categorically exempt from CEQA under CEQA Guidelines Section 15061 (b) (3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN THAT ORDINANCE NO. 5517 BE, AND THE SAME IS HEREBY AMENDED, TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN CHAPTER 18.110 OF THE ANAHEIM MUNICIPAL CODE AS SET FORTH IN SECTIONS 1, AND 2 AS FOLLOWS: SECTION 1. That Subsection .010 of Section 18.110.100 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to modify paragraph .0118) to read as follows: ".010 Permitted Primary Uses and Structures. The following retail stores and service businesses, either singly or in combination, may be permitted in this Development Area subject to the limitations provided hereinafter: 0101 Antique shops. .0102 Appliance stores, including radio and TV, with or without repair service. .0103 Bakery shops. .0104 Barber and/or beauty shops. IN .0105 Book stores, new or used. .0106 Business trade schools and training .0113 centers. .0107 Clothing and apparel stores including tailoring. .0108 Confectionery and candy stores. .0109 Conservatories and studios: art, music, .0116 dancing, photography, martial arts, etc. .0110 Department, notion, discount and variety .0118 stores. .0111 Drugstores or pharmacies. .0112 Furniture stores. .0113 Health spas and physical fitness centers under four thousand (4,000) square feet in gross floor area. .0114 Hobby shops. .0115 Interior decorator shops. .0116 Jewelers and lapidary shops. .0117 Laboratories: medical and dental. .0118 Dry cleaning establishments (full- service, attendant operated) including retail collection and distribution stations, but excluding wholesale operations. .0119 Libraries and reading rooms. .0120 Locksmith shops. .0121 Markets and grocery stores having an interior building floor area of not less than fifteen thousand (15,000) square feet. .0122 Meat markets or delicatessens. 3 .0123 Office equipment and furniture rental services. .0124 Offices, professional, medical and dental. .0125 Pet shops. 0126 Plant nurseries; provided, however, that the following additional minimum site development standards shall apply: All areas devoted to outdoor storage of other than plant material shall be adequately screened from view by a masonry wall. The storage shall not exceed the height of the wall and shall be limited to botanically related materials. .0127 Reconditioned used merchandise sales. .0128 Printing or reproducing services, including but not limited to printing shops, photoengraving, copying, processing, and blueprinting. .0129 Retail supply stores. .0130 Restaurants; Enclosed or Semi -Enclosed (without cocktail lounges and/or on - premises sale and consumption of alcoholic beverages; with or without public entertainment). (No drive-in, drive-through, take-out or walk-up restaurants.) (Ord. 5565 § 58; June 11, 1996.) .0131 Secretarial and answering services. .0132 Shoe stores, sales and repair." SECTION 2. That Subsection .050 of Section 18.110.100 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to add paragraph .0528) to read as follows: 0 ".050 Conditional Uses and Structures. The following buildings, structures and uses may be permitted in this development area subject to a conditional use permit and subject to the conditions and required showings of Section 18.03.030 `Conditional Use Permits — General' of this Code. .0501 Alcoholic beverage `on -premises sale and consumption' facilities, whether or not integrated within a restaurant. .0502 Ambulance services, with or without attendant living quarters. .0503 Animal hospitals and/or kennels. .0504 Automobile car washes. .0505 Automotive vehicle repair, overhaul, installation of parts and accessories, modification, painting, body work and other similar vehicular activities, including incidental retail sales. For purposes of this section the words `automotive vehicle' shall include, but not be limited to, automobiles, boats, recreational vehicles, trucks and motorcycles. .0506 Billiard centers. 0507 Bowling alleys, with or without alcohol sales. 0508 Child day care facilities which exclusively serve one (1) or more businesses located in this Specific Plan area. .0509 Churches, subject to the following limitations: (a) The limitation in hours and days of operation and length of time of the church use shall be specified in the Conditional Use Permit. 5 (b) Churches may include educational facilities as an accessory use, provided such facilities are approved in the conditional use permit. The permissible hours of operation for the educational facilities shall be as specified in the conditional use permit. (c) Churches which are not the exclusive use of the property shall, with the exception of national holidays, limit activities prior to 6:00 p.m. on Mondays through Fridays to church office staff and such educational facilities as may be approved in the conditional use permit. .0510 Commercial retail centers as defined in Section 18.01.030 of this Code. .0511 Communications stations and antennas (other than those permitted by paragraphs 18.110.100.030.0307 and 18.110.100.030.0308) including amateur - operated radio transmission towers and cellular communications facilities/towers whether ground mounted or mounted on a structure. Maximum structural height shall be determined by conditional use permit. .0512 Freestanding freeway oriented signs. .0513 Health spas and physical fitness centers larger than four thousand (4,000) square feet in gross floor area. .0514 Hotels and motels. .0515 Large collection facilities for recycling purposes subject to the requirements of Chapter 18.95 of this Code. .0516 Liquor stores. P. .0517 Markets or grocery stores having an interior building floor area of less than fifteen thousand (15,000) square feet. .0518 Private clubs, lodges and meeting halls. .0519 Private educational institutions. .0520 Private recreational facilities, indoor or outdoor, including but not limited to, golf driving ranges, recreation fields and fishing pools. .0521 Public utilities or utilities operated by mutual agencies consisting of cellular telephone facilities, electrical substations, gas or convention plants, with necessary buildings, apparatus or appurtenances incidental thereto, but not including distribution mains or electric or telephone wires or cables or City -owned public utilities. 0522 Restaurants (except as otherwise permitted in Section 18.110.100.010.0130 of this Code); with on -premises sale and consumption of alcoholic beverages and/or cocktail lounge and/or public entertainment; including drive-in, drive-through and walk-up restaurants. .0523 Service stations, automobile or truck, with or without convenience markets subject to the requirements of Chapter 18.87, provided that as a condition for the granting of a conditional use permit for an automobile or truck service station, the property owner shall record an unsubordinated covenant, satisfactory to the Planning Director and City Attorney agreeing to remove all structures, including underground storage tanks, in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed 7 during any month in which is open for less than fifteen (15) days. .0524 Theaters, exhibition halls and auditoriums. .0525 Transmission stations, radio or television, including amateur -operated radio transmission towers. Heights of antennas and/or towers associated with these uses shall be determined by Conditional Use Permit. .0526 Transportation terminals including but not limited to airports, bus or train stations. .0527 Vehicle sales agencies and lots. .0528 Laundry, Self -Service establishments." SECTION 3. 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 4. SAVING 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 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 5. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any requirements ''3 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 11th day of January 2000 MAYOR OF THE CITY 0 6 ANAHEIM ATTEST: ITY CL K OF THE CITY OF ANAHEIM 33153.1\SMANN\November 15, 1999 PE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5714 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of December, 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of January, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5714 on the 11th day of January, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11 th day of January, 2000. CITY CL RK OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5714 and was published once in the North County News on the 20th day of January, 2000. ITY CLEOK OF THE CITY OF ANAHEIM