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6261ORDINANCE NO. 6261 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLES 4 AND 18 OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC, TO CORRECT CLERICAL ERRORS IN ORDINANCE NO. 6245, PREVIOUSLY ADOPTED. WHEREAS, on June 5, 2012, the Anaheim City Council adopted its Ordinance No. 6245 adding, repealing and amending various provisions of Titles 3, 4, 6, 7, 8 and 18 of the Anaheim Municipal Code in response to recommendations of the City's Regulatory Relief Task Force; and WHEREAS, through inadvertence and error in the drafting of Ordinance No. 6245, said ordinance contains certain minor drafting errors, which the City Council desires to correct by the adoption of this ordinance, nunc pro tunc; i.e., having retroactive legal effect. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Chapter 4.29 (Massages) of Title 4 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 2. That Table 10-A (Primary Uses: Industrial Zone) of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read as follows: Table 10-A P=Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks C -1- Non -Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales—Off=-Sale C Alcoholic Beverage Sales—On-Sale C Ambulance Services P Animal Boarding C Conditional use permit not required if conducted completely indoors, subject to § 18.38.270 Animal Grooming C Conditional use permit not required if conducted completely indoors, subject to § 18.38.270 Antennas—Broadcasting C Permitted without a conditional use permit if designed similar to stealth telecommunications facility as defined in § 18.38.060.030.0312 Antennas—Telecommunications-Stealth T Subject to § 18.38.060 and § 18.62.020 Building -Mounted Antennas—Telecommunications-Stealth T Subject to § 18.3 8.060 Ground -Mounted Antennas—Telecommunications-Ground- N Mounted (Non -Stealth) Automated Teller Machines P (ATM's) Automotive—Car Sales & Rental C Subject to § 18.38.200 Automotive—Car Sales, Retail or C Wholesale (Office Use Only) Automotive—Impound Yards C Subject to § 18.38.200 Automotive—Public Parking C Automotive—Parts Sales C Permitted without a conditional use permit if conducted entirely indoors -2- Automotive—Repair & Modification C Automotive—Service Stations C Subject to § 18.38.070 Automotive—Washing C Bars & Nightclubs C Billboards N Boat & RV Sales C Subject to § 18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subj ect to § § 18.3 8.190 and 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios—Large C Dance & Fitness Studios—Small C Day Care Centers C Drive -Through Facilities C Educational Institutions—Business C Educational Institutions—General C Educational Institutions—Tutoring C Subject to § 18.36.040.050 Emergency Shelters (50 or fewer occupants) P Subject to § 18.38.125 Emergency Shelters (more than 50 occupants) C Subject to § 18.38.125 Entertainment Venue C -3- Equipment Rental—Large C Permitted without a conditional use permit if conducted entirely indoors subject to § 18.38.200 Equipment Rental -Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry— P Industry—Heavy C Junkyards C Subject to § 18.38.200 Mortuaries C Offices—Development P Offices—General C Permitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to § 18.38.180 Outdoor Storage Yards C Permitted without a conditional use permit if all storage is screened from view. Subject to § 18.38.200 Personnel Services—General C Laundromats are subject to § 18.38.150 Personnel Services—Restricted C Plant Nurseries P Subject to § 18.38.190 and 18.38.200; retail only requires a conditional use permit Public Services P Recreation—Billiards C Recreation—Commercial Indoor C Amusement arcades are allowed only in -4- -5- conjunction with a hotel, motel, or bowling alley Recreation—Commercial Outdoor C Recreation—Low-Impact P Recreation—Swimming & Tennis C Recycling Facilities C Subject to Chapter 18.48 Repair Services—General P Repair Services—Limited P Research & Development P Restaurants—Drive-Through C Subject to § 18.38.220 Restaurants—General C Fast-food and take-out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; subject to § 18.38.220 Restaurants—Outdoor Dining C Subject to § 18.38.220 Restaurants—Walk-Up C Retail Sales—Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 square feet of building floor area Retail Sales—General C Industrially -related only Retail Sales—Outdoor C Subject to § 18.38.190 and 18.38.200 Self Storage C Subject to City Council Policy No. 7.2 Sex -Oriented Businesses P Subject to Chapter 18.54 Studios—Broadcasting P Studios—Recording P Towing Services P -5- Transit Facilities C Truck Repair & Sales C Subject to § 18.3 8.200 Utilities—Major C Utilities—Minor P Veterinary Services P Subject to § 18.38.270 Warehousing & Storage—Enclosed P Wholesaling P SECTION 3. That Section 18.92.040 ("A" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.040 "A" WORDS, TERMS AND PHRASES. "Accessory." A structure, building or a use which is subordinate to, and incidental to, that of the main building or use, which shall not exceed fifty percent (50%) of the main building or use. "Accessory Bar." 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. An accessory bar is, and at all times shall remain, an ancillary use to the primary restaurant use and shall not exceed thirty (30) percent of the gross floor area for the restaurant. "Accessory Entertainment." Any premises used primarily for a bar, restaurant, coffee shop, establishment serving food, and/or other refreshments and where entertainment is provided as an accessory part of the operation. "Accessory Living Quarters." See Chapter 18.36 (Types of Uses). "Acres, Gross." The overall acreage of an area within the boundaries of a legal parcel, which includes all roads, except arterial highways, as measured at their ultimate right-of-way width. "Acres, Net." The overall acreage of an area, excluding public and private streets and alleys. "Adult Day Care Center." An establishment or home that provides care, protection and supervision of adults, aged eighteen (18) or older, for periods of less than twenty-four (24) hours per day, while the guardians of such adults are away. "Alcohol, Off -Sale." The sale of alcoholic beverages to consumers for consumption off the premises where sold, in accordance with a valid off -sale license issued by the State of California. "Alcohol, On -Sale." The sale of alcoholic beverages to consumers for consumption on the premises where sold, in accordance with a valid on -sale license issued by the State of California. "Alley." A public vehicle right-of-way providing a secondary means of access to abutting property. "Amusement device." Any game, pool table, exhibition, shuffleboard game, or amusement or recreational device, or any electronic, computerized or mechanical device or machine, which, upon the insertion of a coin, slug, token, card, or any other object representative of value, in any slot or receptacle attached to such device or machine or connected therewith, or upon any other form of payment, operates or which may be operated for use as a game, contest or amusement or for the dispensing of music. "Amusement Arcade." Any premises containing seven (7) or more amusement devices, or any premises wherein more than forty-nine (49) percent (49%) of the public floor area is devoted to amusement devices, whether or not said devices constitute the primary use or an accessory use of the premises. "Anaheim Colony Historic District." A district of the City of Anaheim established by City Council Resolution No. 97R-194, which is bounded by North Street, West Street, South Street and East Street. -7- "Annexation." The addition of a land area to an existing city or special district, with a resulting change in the boundaries of the annexing jurisdiction. "Apartment." One (1) or more rooms in a multiple -family dwelling, occupied or suitable for occupancy as a residence for one (1) family. "Apartment Building." A building or cluster of buildings containing multiple -family dwelling units in which the dwelling units are intended to be rented or leased to the occupants. "Arterial Highway." A traffic that is designated b; Planned Roadway Network Expressway, Resort Smart Arterial, Primary Arterial, Arterial, Hillside Secondary Collector Street. roadway used primarily for through one of the following terms on the map in the General Plan: Scenic Street, Stadium Smart Street, Major 4illside Primary Arterial, Secondary Arterial, Collector Street and Hillside "Artificial Turf." Man-made synthetic material manufactured from polypropylene, polyethylene, or a blend of polypropylene and polyethleyene fibers which simulates the appearance of live turf, organic turf, grass, sod, or lawn. "Automobile Wrecking." The dismantling or wrecking of used motor vehicles, trailers or similar vehicles. "Awning." A roof -like structure that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and may or may not be capable of being retracted into the face of the building. SECTION 4. That Section 18.92.060 ("C" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.060 "C" WORDS, TERMS AND PHRASES. "California Massage Therapy Council" or "CAMTC." The non-profit organization established by SB 731 (Chapter 384, 2008 Statutes), Business and Professions Code Section 4600 et seq., and authorized to issue Massage Practitioner or Massage Therapist 20 certificates on a statewide basis pursuant to Business and Professions Code Section 4600(g). "CAMTC certificate." A Massage Practitioner or Massage Therapist certificate issued by the California Massage Therapy Council. "Canopy." A freestanding, roof -like structure without enclosing walls, supported by columns, poles or braces extending from the ground. "Carnival." A temporary organized program for entertainment or exhibition. The event is typically operated by an organization whose primary business is to operate the entertainment such as rides or amusement games. Festivals are also included. "Carport." A permanently roofed structure with not more than two (2) enclosed sides, used, or intended to be used, for automobile shelter and storage. "Chair Massage." A massage as defined in Section 18.92.160, where the patron is fully clothed and in a public or semi-public area while receiving the massage, and where the external parts of the body which are massaged are limited to the head, neck, back and/or arms. "Chief of Police." The Chief of Police of the City of Anaheim, or his/her designated representative. "Child Day Care Center, Preschool and Nursery." An establishment or home (other than a large family day care home or a 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. "City." The City of Anaheim. "City Council." The City Council of the City of Anaheim. "City Manager." The City Manager of the City of Anaheim, or his/her designated representative. "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. in "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." The Anaheim City Planning Commission, unless some other commission is specifically mentioned. "Computer." 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 variously as PC cafes or zones, Internet cafes or zones, cyber cafes or cyber centers are expressly included within the foregoing defmition. 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 ten thousand (10,000) square -10- feet, and engaged primarily in the sale of a limited range of prepackaged food items, and secondarily in 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. "Conviction" or "Convicted." A plea or verdict of guilty or a conviction following a plea of nolo contendere. "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. "Customer Area." Any area open to customers of the establishment. SECTION 5. That Section 18.92.210 ("R" Words, Term and Phrases) of Chapter 18.92 (Definitions) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.92.210 "R" WORDS, TERMS AND PHRASES. "Recreational Facilities." A facility used for the refreshment of body and mind through forms of play, amusement or relaxation. Types of facilities include: golf courses, golf driving ranges, recreational fields, recreation rooms, court game facilities, swimming pools, saunas or Jacuzzis, tot lots and exercise rooms. "Recreational Facilities" do not include a computer rental/Internet amusement business as defined in this chapter. "Recreational Vehicle Park." Any area or tract of land where space is rented to accommodate one or more automobile trailers, gf! including any van, camper, recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations. "Recognized School of Massage." Any school or institution of learning which teaches, through State certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code section 94310 or 94311, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school of massage. "Regional Shopping Center." A retail shopping area consisting of a group of retail and other commercial businesses designed, developed and managed as an integrated entity, that provides a wide range and variety of general merchandise and services, and is intended to attract shoppers from more than one city. "Residential or Group Care Facility." A building or portion thereof, designed or used for the purpose of providing twenty-four (24) -hour per day residential living accommodations in exchange for the payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the individual resident's participation in group or individual activities, such as counseling, recovery planning, or medical or therapeutic assistance. "Residential or Group Care Facility" includes, but is not limited to, community care facilities (California Health and Safety Code Sections 1500 et seq.), residential care facilities for persons with chronic, life-threatening illnesses (Health and Safety Code Sections 1568.01 et seq.), residential care facilities (Health and Safety Code Sections 1569 et seq.), and alcoholism or drug abuse recovery or treatment facilities (Health and Safety Code Section 11834.02), and other similar care facilities. "Residential Zone." Any Zone, Overlay Zone or Specific Plan Development Area that permits Dwellings, Multiple -Family; Dwellings, Single -Family Attached; and/or, Dwellings Single - Family Detached by right or by conditional use permit; and, the Mobile Home Park Overlay (MHP) Zone. "Resolution of Intent." A resolution to reclassify property from one zone to another that has been approved by the Planning Commission or City Council, but in connection with which an ordinance has not been adopted on by the City Council; a -12- "Resolution of Intent" does not establish any vested rights in the reclassification. "Responsible Employee." The person(s) designated by the Operator of the Massage Establishment to act as the representative or agent of the Operator in conducting day -today operations. A Responsible Employee may also be an owner. "Rest Home." Facility that provides nursing, dietary and other personal services to convalescents, invalids and aged persons, excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in hospitals. "Restaurant." An establishment that is engaged primarily in the business of preparing and serving meals for immediate consumption, either on or off the premises. The term "Primarily" shall mean that food and nonalcoholic beverage sales comprise a minimum of sixty percent (60%) of the gross income from the establishment's business operations. The food preparation or kitchen area for a restaurant shall be permanently designed for food preparation and food storage purposes, and shall constitute not less than twenty percent (20%) of the gross floor area of the restaurant, including outdoor dining areas. No admission fee, cover charge, advance pre -payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. "Restaurant, Drive -In." A restaurant where provision is made for vehicles to park on the premises, and food is ordered from and served directly to patrons in the vehicle for consumption by patrons in vehicles while they are parked on the premises. "Restaurant, Drive -Through." A restaurant where provision is made for one (1) or more drive-through lanes for the ordering and serving of food to patrons in vehicles for consumption at a separate location, either on or off the premises. "Restaurant, Enclosed." A restaurant in which the preparation, service and consumption of meals is conducted entirely within a building. "Restaurant, Fast Food." A restaurant where food is customarily ordered by patrons at a counter located inside the building with tables and seating for more than ten (10) patrons. -13- "Restaurant, Full Service." A restaurant where food is prepared on the premises and food orders are customarily taken, and served to patrons, by a waiter or waitress while the patron is seated at a table or dining counter located inside the restaurant or in an outdoor seating area as defined in this chapter. "Restaurant, Outdoor Dining." A restaurant in which the activity of preparing and serving meals is conducted mainly within an enclosed building, and which provides an outdoor dining area as defined in this chapter. "Restaurant, Take -Out." A restaurant where food is prepared on the premises and customarily ordered by patrons, while standing at a window or counter located inside the building, regardless of the manner in which said food is thereafter served or whether said food is consumed on or off the premises, and which may provide an indoor and/or outdoor seating area having a cumulative maximum total of not more than ten (10) seats in an area proportional to the number of tables and seats. "Restaurant, Walk -Up." A restaurant where food is prepared on the premises, and service to the customer is by means of a window or opening to the outside of the building, at which the customer places and receives an order, which may be consumed on the premises. "Restaurant, Wit . ccessory Entertainment." - A restaurant, with or without on -premises sale and consumption of alcoholic beverages, wherein music and/or live entertainment is provided for patrons to dance or otherwise be entertained, which is regularly open to the public without the payment of a cover charge or admittance fee, and is not a sex -oriented business as defined in Chapter 18.54 (Sex -Oriented Businesses). Entertainment is, and shall at all times be, accessory to the primary restaurant use. No admission fee, cover charge, advance pre -payment for meals, or similar fees shall be imposed upon patrons as a condition of entry to the premises. "Restaurant, With On -Premises Sale and Consumption of Alcoholic Beverages." A restaurant, either enclosed or with outdoor dining, where alcoholic beverages are sold to and consumed by patrons upon the premises, either within an accessory cocktail lounge or in a designated dining area, in conjunction with the serving and consumption of a meal. Said establishment shall have, and maintain all requisite permits and approvals from and as required by the California Department of Alcoholic Beverage -14- Control, and shall meet the requirements of a bona fide eating place as defined by Section 23038 of the California Business and Professions Code, and any successor provision thereto, and the definition of a restaurant as set forth in this section. Service of alcoholic beverages is, and shall at all times be, accessory to the primary restaurant use. "Right -of -Way." A strip of land used or intended to be used for transportation purposes, such as a street or highway, trail or railroad, or for utility infrastructure such as for water, wastewater, telecommunications, electricity or natural gas. "Room, Habitable." A space in a structure and designed or used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable rooms. SECTION 6. That Table 116-C (Primary Uses and Structures: C-R District (Development Area 1)) of Section 18.116.070 (Uses—Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: Table 116-C P Permitted by Right C Conditional Use Permit PRIMARY USES AND STRUCTURES: C-R N Prohibited DISTRICT (DEVELOPMENT AREA 1) Classes of Uses C-R District Special Provisions Agricultural uses P Ambulance Services N Amusement parks, C Such uses may include the keeping of animals theme -type complexes, or birds used in the operation of the facility, aviaries, zoos provided that such animals or birds shall be maintained in physical confinement sufficient to prohibit the movement of said animals or birds upon any real property not owned or under the lawful possession or control of the person or entity owning or controlling said animals or birds. Further, no animals or birds -15- -16- shall be confined closer than forty (40) feet from any building used for human habitation, including hotel or motel rooms, and no closer than forty (40) feet from any property line. Conditional use permits for the keeping of animals and birds shall specify the maximum number and type of animals and birds permitted. Any increase in the number and/or variations in the type of animals and birds kept shall require either an amendment to said conditional use permit or a new conditional use permit. Art galleries C Automotive — Parking C Parking lots or parking structures/garages not Lots or Parking otherwise permitted by Table 116-D. Structures/Garages Automotive — Rental C Automotive rental not otherwise permitted by Table 116-D. Automotive — Service C Subject to requirements of Chapter 18.38.070 Station (Automotive Service Stations) and 18.116.070.090. Automotive — Service N Except as permitted subject to Section Station: Convenience 18.116.070.090. Markets or Mini -markets with or without the sale of beer and wine for off- premises consumption Automotive —Service N Station: Rental and/or display of utility trailers or trucks Automotive —Service N Except as permitted subject to Section Station: 18.116.070.090 Sale of alcoholic beverages for on - premises and/or off - premises consumption Automotive — Service C In conjunction with an Automotive - Service Station: Tow Truck Station only subject to the following: -16- Operations (a) A maximum of one (1) tow truck shall be permitted. (b) When on-site, the tow truck shall be screened from view of the public right-of-way at all times. (c) All vehicles towed to the site shall be stored indoors in a service bay. Under no circumstances shall outdoor storage of the towed vehicles be permitted. (d) No additional signage advertising tow truck operations shall be permitted. Tow truck operations or towing services not in compliance with the above requirements shall be prohibited. Automotive — Washing C In conjunction with an Automotive — Service Station only. Billboards N As defined in subsection 18.116.160.010 (Definitions Pertaining to Signs). Bingo N Boat and RV Sales N Cemeteries N Christmas tree sales lots N and/or stands Commercial retail N Including commercial retail centers, strip centers shopping centers, mini -malls and other shopping centers not in conformance with the requirements of a Specialty Center, as detailed within this table (Table 116-C) "Specialty Retail Centers". Computer Internet C Facility Community and C Religious Assembly Convenience markets or N Except as allowed by Section 18.116.070.090 mini -markets -17- Conversion of hotels or N Except a caretaker/manager unit may be motels to semi- provided as specified in Table 116-D, or permanent or permanent vacation ownership resorts as detailed within living quarters this table (Table 116-C) "Vacation Ownership". Dance Venue C As defined in Section 18.92.070 ("D" Words, Terms and Phrases.) of the Anaheim Municipal Code. Dwelling units N Single-family or multiple -family, except caretaker/manager units allowed as an accessory use integrated within a hotel, motel or vacation ownership resort. Educational Institutions C — Business Educational Institutions C — General Emergency Medical C Facilities Headshop N Heliport N As defined in Chapter 18.92 (Definitions). Helistop C As defined in Chapter 18.92 (Definitions) (excluding heliports); that any such helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property. Hotels and motels P Including suite type hotels located north of Orangewood Avenue Hotels and motels C Including suite type hotels located south of Orangewood Hospitals N As defined in Chapter 18.92 (Definitions). Industrial Uses N As set forth in Chapter 18.10 (Industrial Zones) Inflatable advertising N display Kitchens or kitchenettes C In hotel or motel guest rooms or suites. Massage establishments C Those integrated within a hotel or motel only, for which a permit is required pursuant to -18- -19- Section 18.16.070 (Massage) of the Anaheim Municipal Code. Mobile home parks N Except as otherwise permitted by Section 18.116.120 (Mobile Home Park (MHP) Overlay) for parcels encompassed by the MHP Overlay as identified on Exhibit 3.3.2a of the Specific Plan document (Mobile Home Park (MHP) Overlay Zone). Expansion of existing facilities to increase the number of mobile homes or mobile home spaces is prohibited. Mortuaries N Museums C Nonconforming C Provided that the expansion brings the use Structures and Uses — and/or structure into greater conformity with the Expansion of intent of the Specific Plan. nonconforming uses and structures Nonconforming P Provided that the improvements are in Structure — Facade substantial conformance with the building improvements not envelope, do not adversely impact any adjacent exceeding 5% of the parcels and are in conformance with the Design building floor area Plan. If the Planning Director determines that adverse impacts would occur from the improvements or if the improvements are not in substantial conformance with the building envelope, the plans shall be referred to the Planning Commission as a conditional use permit. Nonconforming C Structure — Facade improvements exceeding 5% of the building floor area Nonconforming C Structure — Office uses in a legal nonconforming building Non -publicly operated C Including exhibition halls and auditoriums convention centers -19- Offices C Office buildings when accessory to, and integrated as part of, an on-site permitted primary or when located in a legal non- conforming building. Outdoor advertising of N Including, but not limited to, merchandise merchandise, products promotions, sales, pricing, etc. and/or services Outdoor sales events N Including Christmas Tree/Pumpkin sales lots or stands Outdoor storage of N Except as otherwise permitted in this Zone goods and materials Pawnshops N Pennants or pennant- N Where visible from a public right-of-way and/or type banners adjacent property Recreation—Bowling C Including sales of alcoholic beverages for on - premise consumption Recreation —Golf C Courses/ Miniature golf courses Recreation —Low Impact C Recreation —Outdoor P In conjunction with permitted primary uses and recreational playground structures listed in Table 116-C only areas Recreation —Swimming C & Tennis Recreation —Skating C rinks Recreational vehicle and C Limited to use for short-term visits, not to campsite parks exceed 30 days in any calendar year, by tourists and visitors. Recycling Services — N Consumer Research & N Development Residential hotels/motels N -20- Restaurants —General P Enclosed and with outdoor dining, with or without sale of alcoholic beverages for on premises consumption, as defined in Chapter 18.92 (Definitions). Restaurants allowed as permitted uses shall be full service establishment. Such establishments may provide take-out service, but as a limited, ancillary function only. Outdoor seating areas visible from the public right-of-way shall not include table umbrellas that display any symbol, name, writing or product advertising. Restaurants —Drive-in or N Drive-through Restaurants with C Pursuant to and as defined in Chapter 18.92 accessory entertainment (Definitions) with cover charge Sale of alcoholic N Except as otherwise expressly permitted in beverages for on- conjunction with automobile service station premises and/or off- convenience markets or min -markets subject to premises consumption Code Section 18.116.070.090. Secondhand shops N Sex -oriented businesses N As defined in Chapter 18.92 (Definitions) Specialty retail centers C Where all good and services are oriented, marketed and intended for tourist, visitor and/or recreational consumers and not oriented to the general public. Such centers shall (a) Consist of a minimum of five (5) acres; (b) Have integrated management; (c) Have a "festive theme" orientation; (d) Plazas and/or other pedestrian -oriented amenities shall be part of the center's design as set forth in the Design Plan; and, (e) Land uses may include, but need not be limited to: custom print and art shops; souvenir, gift, and/or novelty shops; toy shops; hobby shops; photo supply shops; clothing stores; confectionery shops, including candy stores, ice cream parlors, baked goods (e.g., cookies, muffins, etc.) for on -premises sale or -21- -22- consumption; floral shops; luggage and accessory shops; jewelry stores; sale of beer and wine for off -premises consumption; sale of alcoholic beverages for on -premises consumption; entertainment facilities; and amusement arcades, subject to the provisions of Section 18.16.050 (Amusement Devices). A complete listing of proposed uses shall be submitted with every conditional use permit application. Structures —Height C Structures within one hundred and fifty (150) exceeding 1/2 the feet of any single-family residential zone distance from the boundary (other than property under a building or structure to a resolution of intent to any commercial zone), single- family, multi- or, for property located south of Orangewood family and/or MHP Avenue, within one hundred and fifty (150) feet Overlay zone boundary. of any multi -family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a (Mobile Home Park (MHP) Overlay Zone) exceeding a height equal to one-half (1/2) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. Heights shall not exceed the maximum heights defined in Section 18.40.080 (Structural Height limitation - Anaheim Commercial Recreation Area). Structures —Height N Limits exceeding the maximum heights defined in Section 18.40.080 (Structure Height Limitation — Anaheim Commercial Recreation Area). Structures —Interior N Interior setbacks less than two (2) times the Setbacks height of any proposed building or structure when such building or structure is within one hundred and fifty (150) feet of any single- family residential zone boundary (other than property under a resolution of intent to any commercial zone), or, for property located -22- -23- south of Orangewood Avenue, within one hundred and fifty (15 0) feet of any multi -family residential zone boundary (other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a (Mobile Home Park (MHP) Overlay Zone). Structures originally N designed or intended for residential use but used for non-residential purposes Studios —Broadcasting C Including accommodations for filming/taping in front of live audiences Studios —Recording C Including accommodations for filming/taping in front of live audiences Theaters C Including dinner, legitimate or motion picture theaters, performance theaters or clubs, and indoor or outdoor amphitheaters Tow truck operators C Permitted only in conjunction with an automotive service station facility. See Automotive —Service Stations Tow Truck Operations Trailer and Truck Rental N Services Transportation facility C As defined in paragraph 18.116.030.080 (`T' Words, Terms and Phrases) of this chapter; helistops, as defined in Chapter 18.92 (Definitions) (excluding heliports); provided that any such station or helistop shall be located a minimum of one thousand (1,000) feet from any residentially zoned property Uses or activities not N Uses or activities not specifically listed in this listed chapter which are inconsistent or incompatible with the intended purpose of the Specific Plan are prohibited. C Uses or activities not specifically listed or prohibited in this chapter may be established by conditional use permit when determined by the Planning Commission to be consistent and -23- SECTION 7. That paragraph .0404 of subsection .040 of Section 18.120.070 (Land Use and Development Standards — Expanded Industrial Area (Development Area 2)) of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: ".0404 Special Events and Temporary Signs, Flags, Banners and Balloons. The temporary use of premises for special events, as defined in Chapter 18.92 (Definitions), shall be subject to compliance with the provisions of Section 18.38.240 (Special Events) of Chapter 18.38 (Supplemental Use Regulations)." SECTION 8. That paragraph .0130 of subsection .010 of Section 18.120.100 (Land Use and Development Standards — Commercial Area (Development Area 5)) of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: ".0130 Restaurants; Enclosed or Outdoor Dining, Fast Food or Take Out (without Accessory Bar and/or on -premises sale and consumption of alcoholic beverages; without Accessory -24- compatible with the intended purpose of the Specific Plan. Utilities —Major C As defined in paragraph 18.36.040.210 Utilities —Minor P As defined in paragraph 18.36.040.210 and subject to paragraph 18.116.100 (Screening, Walls, Fences, Landscaping and Lighting — Commercial Recreation (C-R) District (Development Area 1)) Vacation ownership C Subject to compliance with the requirements of resorts Section 18.116.150 (Requirements for Vacation Ownership Resorts) Veterinary Services N Wholesaling N SECTION 7. That paragraph .0404 of subsection .040 of Section 18.120.070 (Land Use and Development Standards — Expanded Industrial Area (Development Area 2)) of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: ".0404 Special Events and Temporary Signs, Flags, Banners and Balloons. The temporary use of premises for special events, as defined in Chapter 18.92 (Definitions), shall be subject to compliance with the provisions of Section 18.38.240 (Special Events) of Chapter 18.38 (Supplemental Use Regulations)." SECTION 8. That paragraph .0130 of subsection .010 of Section 18.120.100 (Land Use and Development Standards — Commercial Area (Development Area 5)) of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: ".0130 Restaurants; Enclosed or Outdoor Dining, Fast Food or Take Out (without Accessory Bar and/or on -premises sale and consumption of alcoholic beverages; without Accessory -24- Entertainment with cover charge). (No drive-in, drive-through or walk-up restaurants.)" SECTION 9. Except as expressly amended herein, the provisions of Ordinance No. 6245 shall remain in full force and effect. SECTION 10. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 11. 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. -25- THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 18th day of pecembex , 2012, and thereafter passed and adopted at a regular meeting of said City Council held on the 15th day of January , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Kring and Murry NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM ATTES . CITY bLERK OF THE CITY OF XNAHEIM 923430 -26- CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6261 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of December, 2012, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of January, 2013, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of January, 2013. .Q"',6,6 CITY CLERK OF THE CITY OF ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6261 and was published in the Anaheim Bulletin on the 24th day of January, 2013. CITY CLERK OF THE CITY O ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6261 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of December, 2012, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of January, 2013, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of January, 2013. (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6261 and was published in the Anaheim Bulletin on the 24th day of January, 2013. CITY CLERK OF THE CITY OFJANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, Countyof 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: January 24, 2013 "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: January 24, 2013 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6261 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLES 4 AND 18 OF THE ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC, TO CORRECT CLERICAL ERRORS IN ORDINANCE NO, 6245, PREVIOUS- LY ADOPTED. On June 5, 2012, the Anaheim City Council adopted its Ordinance No. 6245 adding, repealing and amending various provisions of Titles 3 (Business Lcenses), 4 (Business Regulations), 6 Public Health And Safety), Z (Morals And Conduct), 8 (Animals) and 18 ((Zoning) of the Anaheim Municipal Code st response to recommendations of the Cty's �legulatory Relief Task Force. Through madvertence and error in the drafting of Ordinance No. 6245, Titles 4 (Business Regulations) and 18 (Zoning) of said orclinance contain certain minor drafting errors, which the Cay Council has corrected by the adoption of this ordi- nance, Hunt pro tunc; i.e., having retroactrvelegal effect. I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6261, which ordinance was introduced at a regular meetingg of the City Council of the City of Anaheim on the 18th day of December, 2012 and was dul passed and adopted at a regular meeting of said Council on the 15th day of January, 2013 by the following roll call vote of the members thereof: AYES: Mayor Tait, Council Members Eastman, Brandman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None The above summary is a brier description of the subject matter contained in the text of Or- dinance No. 6261, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordi- nance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish Anahiem Bulletin January 24 2013 9565868