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ORDINANCE NO. 5453
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING AND DEVELOPMENT STANDARDS FOR THE
ANAHEIM RESORT SPECIFIC PLAN (SP92-2).
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Chapter 18.48 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended in its entirety (to replace
C-R Zoning with SP92-2 Zoning) to read as follows:
CHAPTER 18.48
SPECIFIC PLAN NO. 92-2 (SP92-2)
ZONING AND DEVELOPMENT STANDARDS
SECTIONS:
18.48.010 PURPOSE AND INTENT.
18.48.020 GENERAL PROVISIONS.
18.48.030 DEFINITIONS.
18.48.040 METHODS AND PROCEDURES FOR SPECIFIC PLAN
IMPLEMENTATION.
18.48.050 DEVELOPMENT AREAS.
18.48.060 LAND USE AND SITE DEVELOPMENT STANDARDS—COMMERCIAL
RECREATION (C-R) DISTRICT DEVELOPMENT DENSITY AREAS.
18.48.070 LAND USE AND SITE DEVELOPMENT STANDARDS—COMMERCIAL
RECREATION (C-R) DISTRICT (DEVELOPMENT AREA 1).
18.48.080 LAND USE AND SITE DEVELOPMENT STANDARDS—PUBLIC
RECREATION (PR) DISTRICT (DEVELOPMENT AREA 2).
18.48.090 MOBILEHOME PARK (MHP) OVERLAY.
18.48.100 CENTRAL CORE.
18.48.110 OFF-STREET PARKING AND LOADING REQUIREMENTS.
18.48.120 REQUIREMENTS FOR VACATION OWNERSHIP RESORTS.
18.48.130 SIGN REGULATIONS.
18.48.140 APPLICATION FEES.
18.48.150 DEDICATION AND IMPROVEMENTS.
18.48.160 RECLASSIFICATION PROCEDURE—VIOLATION.
18.48.170 PENALTIES FOR VIOLATIONS.
18.48.180 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES.
18.48.190 NONAPPLICABILITY OF CHAPTER TO CITY ACTIVITIES OR
PROPERTY.
18.48.010 PURPOSE AND INTENT
.010 Purpose. The regulations set forth in this Chapter have
been established to provide for orderly development of, and upon
adoption of an ordinance reclassifying said property to SP 92-2
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(the "Zone"), shall be applicable to that certain property
(hereinafter referred to as the "Specific Plan area") described
in that Specific Plan No. 92-2 document (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
September 27, 1994, as the same may be hereinafter amended.
.020 Intent. The Anaheim Resort Specific Plan Zone
recognizes the uniqueness of the Anaheim Resort as a
family-oriented tourist destination and encourages facilities
catering to tourist and convention -related events. This zone is
intended to provide for and encourage the development of
integrated facilities in attractive settings for retail
businesses directly related to entertaining, lodging and
supplying services to tourists and visitors.
This Zone is further intended to preserve locally recognized
values of community appearance; to safeguard and enhance property
values in the Anaheim Resort Specific Plan Zone; to protect
public investment in, and the character of, public thoroughfares;
and, to aid in the attraction of tourists and other visitors
important to the economy of the City. Application of these
regulations is specifically intended to provide for the most
appropriate use of the land, create a harmonious relationship
among land uses and protect the health, safety and welfare of the
community.
.030 Organization. In accordance with the provisions of
Chapter 18.93 of the Anaheim Municipal Code entitled, "SPECIFIC
PLANS", the standards herein are patterned after the zone
districts and definitions contained in Title 18, "ZONING", of the
Anaheim Municipal Code.
18.48.020 GENERAL PROVISIONS.
.010 Compliance With Anaheim Resort Specific Plan Code and
Conditions of Approval. All uses and development in this Zone
shall comply with any applicable provisions of the Code expressly
referred to in this Chapter, including, unless specifically
amended herein, the provisions of Chapters 18.01 entitled,
"DEFINITIONS -ZONING CODE" and 18.04 entitled, "SITE DEVELOPMENT
STANDARDS -GENERAL" of this Code; provided, however, that in the
event of any conflict or inconsistency between any provision
contained in any other Chapter of this Code and any provision
contained in this Chapter, the provision contained in this
Chapter shall govern and apply. All Engineering Standards
referred to in this Chapter are on file in the Office of the City
Engineer and are incorporated herein by reference as if fully set
forth in this Chapter. Where the provisions of this Zone do not
discuss a specific condition or situation which arises, the
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nonconflicting provisions of the Anaheim Municipal Code shall
apply. All uses and development in this Zone shall further be
subject to conditions of approval imposed by resolution and
ordinance upon the Anaheim Resort Specific Plan and shall comply
with all applicable provisions of Mitigation Monitoring Program
No. 0085.
.020 The Anaheim Resort Design Plan. The site development
standards set forth in Sections 18.48.060 through 18.48.130 of
this Chapter have been adopted to operate in conjunction with the
Design Plan for the Anaheim Resort Specific Plan identified in
Section 5.0 of the Specific Plan document (hereinafter referred
to in this Chapter as the "Design Plan") as the same may be
hereinafter amended in accordance with the Specific Plan
amendment procedures set forth in Chapter 18.93 entitled,
"SPECIFIC PLANS" of the Anaheim Municipal Code. Said Anaheim
Resort Design Plan is incorporated herein by this reference as if
fully set forth in this Chapter. All development otherwise
permitted by this Chapter shall comply with any applicable
provisions of the Design Plan.
.030 Compliance with City of Anaheim Codes. All grading and
subdivision plans shall comply with all applicable regulations
and be reviewed and processed in accordance with the procedures
contained in Title 17 entitled, "LAND DEVELOPMENT AND RESOURCES"
of the Anaheim Municipal Code. All construction shall comply with
the provisions of the Uniform Building Code, as adopted by the
City of Anaheim, and applicable sections of Title 15, "BUILDING
AND HOUSING" of the Anaheim Municipal Code. Construction within
the Specific Plan area may commence only after the Planning
Director finds that the construction proposal is in substantial
compliance with these regulations, applicable policies and
guidelines of the Anaheim Resort Specific Plan. The issuance of
building permits may only occur after Final Site Plan approval
has been obtained from the City of Anaheim, subject to the
procedures set forth in 18.48.040.020 entitled, "FINAL SITE PLAN
REVIEW AND APPROVAL" of this Chapter.
.040 Specific Plan Boundaries. The Specific Plan boundaries
are identified on Exhibit 3.3.1a entitled, "Development Plan" of
the Specific Plan document. The Specific Plan area encompasses
two land use Districts: the Commercial Recreation (C-R) District
and the Public Recreation (PR) District. The Specific Plan also
encompasses the Mobilehome Park (MHP) Overlay Zone as shown on
Exhibit 3.3.2a entitled, "Mobilehome Park (MHP) Overlay Zone" of
the Specific Plan document. The project area legal description
is provided in Section 9.0 of the Specific Plan document. The
Zoning Map of the City shall reflect the boundaries of the
Specific Plan area.
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.050 Nonconforming Structures and Uses
.0501 The provisions of Section 18.02.058 entitled,
"NONCONFORMING STRUCTURES AND USES -GENERAL" of the Anaheim
Municipal Code, shall apply to this Zone except as stated
herein.
.0502 The provisions of paragraph
18.48.130.020.0207 entitled, "LEGAL NONCONFORMING
SIGNS -GENERAL" of this Chapter shall apply to nonconforming
signs.
.0503 The site development standards in subsection
18.48.070.120 entitled, "LANDSCAPING" in this Chapter shall
apply to all landscaping hereinafter installed or modified
and to all landscape on any lot or parcel containing a
building hereinafter structurally modified to an extent
exceeding forty-five percent (45%) of the gross floor area
of said existing building within any two year period.
.0504 The site development standards in this
Chapter shall apply to the structural expansion portion of
every building hereinafter expanded.
.0505 The Anaheim Resort Specific Plan encourages
the enhancement of all buildings and structures within the
Specific Plan boundaries, including legal nonconforming
buildings and structures, in accordance with the following
procedures:
(a) Facade improvements, interior building
improvements and improvements interior to or at the
rear of a development/building complex may be made to
legal non -conforming buildings or structures subject to
the approval of the Planning Director provided the
improvements do not exceed five percent (5%) of the
building floor area, are in substantial conformance
with the building envelope, do not adversely impact any
adjacent parcels and are in conformance with the Design
Plan and this Chapter. If the Planning Director
determines that adverse impacts may occur from the
improvements, if the improvements would add any
additional square footage beyond five percent (5%) of
the building floor area, or if the improvements are not
in substantial conformance with the building envelope,
the improvement plans shall require a conditional use
permit subject to the provisions of Section 18.03.030
of the Anaheim Municipal Code. Notwithstanding the
foregoing, the Planning Director may refer any of the
above -noted improvement plans to the Planning
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Commission for consideration as a conditional use
permit.
(b) Expansion of nonconforming uses and/or
structures which bring the use and/or building into
greater conformity with the intent of the Specific Plan
may be permitted subject to the approval of a
conditional use permit in accordance with the
provisions of Section 18.03.030 of the Anaheim
Municipal Code.
.060 Zoning Code. Any reference to the Zoning Code made in
this Chapter shall mean Title 18 of the Anaheim Municipal Code.
.070 Terms. Terms used in this Chapter shall have the same
definitions as provided in the Anaheim Municipal Code unless
otherwise defined in Section 18.48.030 entitled, "DEFINITIONS."
.080 General Plan Consistency. In adopting its resolution
adopting the Specific Plan, the City Council of the City of
Anaheim made certain findings of consistency between the General
Plan of the City 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 as to abrogate or nullify those findings.
18.48.030 DEFINITIONS.
For the purposes of this Chapter, the following terms,
phrases, words and their derivations shall have the meaning given
herein. The word 'shall' is always mandatory and not merely
directory.
.010 "A" Words, Terms And Phrases.
.0101 Accessory Use, Permitted. A Permitted
Accessory Use is a use which is considered to be compatible
with a Permitted Primary Use while also being clearly
incidental to and integrated with the Permitted Primary Use.
A Permitted Accessory Use is permitted as of right, provided
that the specific proposal for such a use conforms to all
requirements of the Specific Plan. A Permitted Accessory Use
is a use which is secondary or subordinate to a Permitted
Primary Use.
.020 "G" Words, Terms And Phrases.
.0201 Gross Acreage. The total acreage of a parcel
or lot measured from the ultimate public right-of-way,
except that due to the enhanced ultimate right-of-way widths
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required by adopted General Plan Amendment No. 331 for
Harbor Boulevard (12 feet), Katella Avenue (28 feet),
Freedman Way (11 1/2 feet), West Street/Disneyland Drive
north of Ball Road (10 feet), and West Street/Disneyland
Drive between Cerritos Avenue and Katella Avenue (2 1/2
feet), to implement the Anaheim Resort Public Realm
streetscape program, properties along these streets may
include the additional right-of-way widths in their property
gross acreage when computing density.
.0202 Gross Square Footage. The total square
footage of a building or structure, including the exterior
walls of all floors.
.030 "H" Words, Terms And Phrases.
.0301 Hotel/Motel Guest Suite. A hotel/motel guest
room or suite that is for rent by a single party with one
entry door key for the guest that also controls any doors
into or within the guest room or into the service/kitchen
area. A hotel/motel guest suite shall be considered one room
for the purpose of total room count permitted in the
Specific Plan area, even if it includes more than one room.
.040 "N" Words, Terms and Phrases.
.0401 Net Acreage. The total acreage of a parcel or
lot, excluding the ultimate right-of-way for all public
streets.
.050 "P" Words, Terms And Phrases.
.0501 Parking Facilities. An area or structure
intended for the temporary storage of automobiles and other
vehicles. Such facilities may consist of, but are not
limited to, surface parking lots, parking structures and
parking areas under buildings.
.0502 Planning Director. The Planning Director of
the City of Anaheim or his or her duly authorized designee.
.0503 Porte-Cochere. An accessory use consisting of
a reserved space, roofed or unroofed, and attached to the
side or front of a building and established for the
convenient loading and unloading of passengers.
.0504 Public Right -of -Way. Any area of real
property dedicated to or owned by the City of Anaheim, or
over which the City of Anaheim holds any easement, for
public street, alley, sidewalk, landscape, utility or
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pedestrian purposes; and, accepted by resolution of the City
Council.
.060 "S" Words, Terms And Phrases.
.0601 Sign. See subsection 18.48.130.010 entitled,
"DEFINITIONS PERTAINING TO SIGNS" of this Chapter.
.0602 Strip shopping centers. A building or
collection of buildings containing retail and/or commercial
uses in which the primary orientation of the buildings,
entrances, signs, and uses is toward the adjacent public
street, and in which parking areas or access to parking
areas are prominently displayed to passing vehicles. Such
shopping centers contain uses intended to attract either the
general public or tourists, visitor and/or recreational
consumers.
.070 "T" Words, Terms And Phrases.
.0701 Temporary Parking Lots. An area intended for
the temporary parking of automobiles and other vehicles and
not intended to be the ultimate use of the property.
.0702 Transportation Facility. Facilities and
structures intended to accommodate transportation terminal
stations (facilities intended to accommodate the transfer
from automobile or pedestrian travel to bus, train or other
forms of mass transit), fixed transit guideways, and other
structures intended to move passengers or pedestrians from
one location to another.
.0703 Turf block. Any one of several paving
products made of concrete or plastic which permit turf or
other low -growing plant materials to grow through the paving
so that the paving is not easily seen. Turf block paving is
intended for occasional vehicle traffic, such as required
emergency access through landscaped areas.
.080 "U" Words, Terms And Phrases.
.0801 Ultimate Planned Right -Of -Way. The
right-of-way designated in the Circulation Element of the
Anaheim General Plan as further described in Sections 4.0
(Public Facilities Plan) and 5.0 (Design Plan), of the
Anaheim Resort Specific Plan document. Required setbacks
shall be measured from the ultimate planned right-of-way
shown on the General Plan, including any Critical
Intersection standard applicable to the property.
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18.48.040 METHODS AND PROCEDURES FOR SPECIFIC PLAN
IMPLEMENTATION.
The methods and procedures for implementation and
administration of the Specific Plan are prescribed as follows:
.010 Implementation. The Specific Plan shall be implemented
through the processing and approval of Final Site Plans (as
described in this Section and hereinafter collectively referred
to as the "Final Site Plans") prior to issuance of building,
landscape and/or signage permits.
.020 Final Site Plan Review and Approval.
.0201 Review and Approval. Final Site Plans,
including, but not limited to, Site Plans, Floor Plans,
Elevations, Signage, Landscape Plans and such other plans
and information as required by the Planning Director, shall
be prepared and submitted to the Planning Department for
review and approval by the City of Anaheim Planning
Commission as a Report and Recommendation item in accordance
with the procedures and containing the information set forth
in the Final Site Plan Review Application, as adopted by
Resolution of the City of Anaheim Planning Commission and on
file with the Planning Department. If the Final Site Plan is
found to be in conformance with the Specific Plan, the
Design Plan (Section 5.0 of the Specific Plan document) and
the provisions of this Chapter, the Final Site Plan shall be
approved. The Planning Commission's decision shall be final
unless appealed to the City Council within ten (10) days
from the date of such decision. Plans submitted for issuance
of building, landscape or signage permits shall be in
conformance with the approved Final Site Plans.
.0202 Appeal Process. The appeal shall be processed
in the same manner as appeals for decisions on
reclassification, conditional use permits or variances as
set forth in Sections 18.030.080 through 18.03.084 except
that the appeal period shall be a maximum of ten (10) days.
.0203 Environmental Review. Notwithstanding any
other provision of this Chapter, Final Site Plan review by
the Planning Department under paragraph 18.48.040.020.0201
entitled, "REVIEW AND APPROVAL" shall include a ministerial
determination whether the proposed building, structure or
use has been environmentally cleared on a project -specific
level by the Environmental Impact Report for the Anaheim
Resort Specific Plan (EIR No. 313) or other final
environmental documentation. If not, then the proposed
activity shall be subject to the preparation of an initial
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study and potential further environmental review and
mitigation pursuant to the procedures outlined for
subsequent projects under a Master EIR in Public Resources
Code Section 21157.1.
.030 Development Review and Permits. Prior to commencing any
work pertaining to the erection, construction, reconstruction,
moving, conversion, alteration or addition to any building or
structure within this Zone, all building and site plans shall be
subject to review by the Zoning and Building Divisions of the
Planning Department of the City for conformance with the Specific
Plan and the approved Final Site Plans and permits shall be
secured from the Chief Building Official of the City of Anaheim
in compliance with all provisions of Section 18.04.090 entitled,
"DEVELOPMENT REVIEW AND PERMITS -GENERAL" of this Code; provided
further, that where there are existing buildings and structures
on a site for which more intensive development is proposed under
the provisions of this Zone, no building permit shall be issued
until the Chief Building Official and the Fire Chief have
certified that the existing buildings and structures are safe for
occupancy and for human habitation.
.040 Landscape Plan Review. The location of all proposed
on-site and off-site landscaping, including that within the
parkway area (the area within the ultimate street right-of-way as
described in the Circulation Element of the General Plan, as
further described in Sections 4.0 (Public Facilities Plan) and
5.0 (Design Plan) of the Specific Plan document), shall be shown
on a site plan, drawn to scale, and shall be subject to the
review and approval of the City prior to installation. Such plans
shall be consistent with Final Site Plans approved pursuant to
subsection 18.48.040.020 entitled, "FINAL SITE PLAN REVIEW AND
APPROVAL," and the provisions of the Design Plan.
.050 Specific Plan Amendments. Amendments to the Specific
Plan shall be processed in accordance with Chapter 18.93
entitled, "SPECIFIC PLANS" of the Anaheim Municipal Code.
.060 Master Planned Developments.
.0601 In order to encourage the assemblage of
contiguous parcels of land to facilitate master planning and
also to recognize and accommodate the uniqueness of land
uses (i.e., consolidation of parcels leading to a reuse or
intensification of land use), property located in this Zone
may be reclassified to its own Specific Plan Zone pursuant
to the procedures set forth in Chapter 18.93 entitled,
"SPECIFIC PLANS" of the Anaheim Municipal Code.
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.0602 Any properties so reclassified shall be
subject to the development standards adopted for said zone
pursuant to Section 18.93.080 entitled, "SPECIFIC
PLAN -DEVELOPMENT STANDARDS" of this Code provided, however,
that:
(a) The height of all structures shall not exceed
the maximum heights defined in Section 18.04.035
entitled, "STRUCTURAL HEIGHT LIMITATION --ANAHEIM
COMMERCIAL RECREATION AREA" of the Anaheim Municipal
Code.
(b) The landscape and setback requirements for
all structures shall be the same as set forth in
subsections .0901, 0902 and .0903 of Section 18.48.070
entitled, "LAND USE AND SITE DEVELOPMENT STANDARDS
--COMMERCIAL RECREATION AREA (C-R) DISTRICT
(DEVELOPMENT AREA 1)."
(c) Development abutting Harbor Boulevard between
Interstate 5 and Orangewood Avenue and Katella Avenue
between Walnut Street and Interstate 5 shall be in
conformance with the standards set forth in Section
18.48.100 entitled, "CENTRAL CORE" and the Design Plan.
(d) Prior to approving any new development
standards for said zone, the Planning Commission and
City Council shall consider the proposed standards in
light of the goals and purpose identified in the City
of Anaheim General Plan for the Commercial Recreation
land use designation as well as the goals and
objectives of the Anaheim Resort Specific Plan as
described in the Executive Summary (Section 1.0) and
the Design Plan (Section 5.0) of the Specific Plan
document.
18.48.050 DEVELOPMENT AREAS
The Specific Plan area encompasses two land use Districts
and an Overlay Zone as set forth below:
.010 Commercial Recreation (C-R) District - Identified as
Development Area 1 on Exhibit 3.3.1a of the Specific Plan
document entitled, "Development Plan." Development density areas
for this District are set forth in Section 18.48.060 entitled
"LAND USE AND SITE DEVELOPMENT STANDARDS - C-R DISTRICT
DEVELOPMENT DENSITY AREAS." Development regulations for this
District are set forth in Section 18.48.070 entitled, "LAND USE
AND SITE DEVELOPMENT STANDARDS—COMMERCIAL RECREATION (C-R)
DISTRICT (DEVELOPMENT AREA 1)" of this Chapter.
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.020 Public Recreation (PR) District - Identified as
Development Area 2 on Exhibit 3.3.1a of the Specific Plan
document entitled, "Development Plan." Development Regulations
for this District are set forth in Section 18.48.080 entitled,
"LAND USE AND SITE DEVELOPMENT STANDARDS—PUBLIC RECREATION (PR)
DISTRICT (DEVELOPMENT AREA 2)" of this Chapter.
.030 Mobilehome Park (MHP) Overlay - MHP Overlay boundaries
are identified on Exhibit 3.3.2a of the Specific Plan Document
entitled, "Mobilehome Park (MHP) Overlay Zone." Development
Regulations for the MHP Overlay are set forth in Section
18.48.090 entitled, "MOBILEHOME PARK (MHP) OVERLAY."
18.48.060 LAND USE AND SITE DEVELOPMENT STANDARDS — COMMERCIAL
RECREATION (C-R) DISTRICT DEVELOPMENT DENSITY AREAS.
.010 Purpose. To permit the maximum amount of development in
the Anaheim Resort Specific Plan area consistent with the Anaheim
Resort's infrastructure capacity, the Specific Plan establishes
four density categories in the C-R District. These designations
are based upon hotel/motel development and allow up to twenty
percent (20%) of each hotel/motel project gross square footage,
excluding parking facilities, to be developed with integrated
(i.e., included within the main hotel/motel complex) accessory
uses. These accessory uses will reduce the otherwise maximum
permitted hotel/motel density at the rate of one hotel/motel room
per six hundred (600) gross square feet of accessory use. For
properties proposed to be developed with permitted and
conditionally permitted uses other than hotels/motels with
accessory uses, the traffic generation characteristics of said
uses shall not exceed those associated with the otherwise
permitted hotel/motel (including accessory uses) density as
determined by the City Traffic and Transportation Manager prior
to Final Site Plan review and approval. Boundaries of the density
areas are depicted in Exhibit 3.3.3b entitled, "C-R District
Development Density Plan" of the Specific Plan document.
.020 Low Density. For properties designated Low Density, up
to fifty (50) hotel/motel rooms per gross acre or seventy-five
(75) hotel/motel rooms per lot or parcel existing on the date of
adoption of the Anaheim Resort Specific Plan, whichever is
greater.
.030 Low -Medium Density. For properties designated
Low -Medium Density, up to seventy-five (75) hotel/motel rooms per
gross acre or seventy-five (75) hotel/motel rooms per lot or
parcel existing on the date of adoption of the Anaheim Resort
Specific Plan, whichever is greater.
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.040 Medium Density. For properties designated Medium
Density, up to one hundred (100) hotel/motel rooms per gross acre
or seventy-five (75) hotel/motel rooms per lot or parcel existing
on the date of adoption of the Anaheim Resort Specific Plan,
whichever is greater.
.050 Convention Center (CC) Medium Density. For properties
designated Convention Center Medium Density, up to one hundred
twenty-five (125) hotel/motel rooms per gross acre (with trip
generation characteristics mitigated to the equivalent of one
hundred (100) hotel/motel rooms per gross acre) or seventy-five
(75) hotel/motel rooms per lot or parcel existing on the date of
adoption of the Anaheim Resort Specific Plan, whichever is
greater.
.060 Exceptions. For parcels that are developed with hotel
or motel rooms which exceed the maximum density designation, the
number of rooms existing on the date of adoption of the Anaheim
Resort Specific Plan Ordinance may be rebuilt or modified at
their existing density.
18.48.070 LAND USE AND SITE DEVELOPMENT STANDARDS -COMMERCIAL
RECREATION (C-R) DISTRICT (DEVELOPMENT AREA 1).
Set forth below are the standards for development in the C-R
District.
.010 Permitted Uses and Structures -General. Notwithstanding
any other provisions of this Chapter, the following additional
limitations shall apply to the conduct of any use permitted in
this District:
.0101 All uses except service stations, automobile
parking lots, semi -enclosed restaurants, or as otherwise
exempted in this Chapter, shall be conducted wholly within a
building.
.0102 All uses shall be conducted in a manner so as
not to be objectionable by reason of noise, odor, dust,
fumes, smoke, gas, vibrations or other similar causes
detrimental to the public health, safety or general welfare.
.0103 All stores shall deal primarily in new
merchandise, excepting as otherwise specified in this
Chapter.
.020 Permitted Primary Uses and Structures. Subject to the
limitations prescribed in subsection 18.48.070.010 entitled,
"PERMITTED USES AND STRUCTURES -GENERAL" of this Chapter, the
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following buildings, structures and uses, either singly or in
combination, shall be permitted in this District:
.0201 Agricultural Uses.
.0202 Hotels and Motels, including suite -type
hotels.
.0203 Restaurants (enclosed), with or without sale
of alcoholic beverages for on -premises consumption, as
defined in Section 18.01.190 entitled, "'R' WORDS, TERMS AND
PHRASES" of the Anaheim Municipal Code. Restaurants allowed
as permitted uses shall be full service establishments.
Such establishments may provide take-out service, but as a
limited, ancillary function only.
.030 Permitted Accessory Uses and Structures.
.0301 The following accessory uses may be conducted
where clearly incidental to and integrated with a permitted
primary use:
(a) Administrative, maintenance, and/or indoor
storage facilities necessary to support the operation
of a primary use.
(b) Automobile/vehicle parking lots or structures
providing off-street parking spaces, as required by
this Code for uses permitted under this Chapter.
(c) Confectionery shops, including candy stores,
ice cream parlors, and establishments selling baked
goods (including, but not limited to, cookies and
muffins) for on -premise sales only (not on -premise
consumption).
(d) Sales of alcoholic beverages for on -premise
consumption.
(e) Signs as permitted pursuant to Section
18.48.130 entitled, "SIGN REGULATIONS" of this Chapter.
.0302 The following accessory uses may be conducted
where clearly incidental to and integrated within a hotel or
motel only, including suite -type hotels, and as otherwise
limited herein:
(a) Amusement arcades, with no public access
directly from the exterior of the building, and subject
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to the provisions of Chapter 4.14 entitled, "AMUSEMENT
DEVICES" of this Code.
(b) Auto rental agency offices, with no on-site
storage or display of rental cars.
(c) Banking facilities, including automated
teller machines.
(d) Barber shops.
(e) Beauty shops.
(f) Book stores, including newspaper and
periodical sales.
(g) Clothing stores.
(h) Custom print and art shops.
(i) Day care services, limited strictly to the
use of the guests and/or employees of such hotel or
motel.
(j) Dog and cat kennels, limited strictly to the
pets of guests and patrons of such hotel or motel,
provided such kennels shall not be located closer than
forty (40) feet from hotel/motel guest rooms or
residentially zoned property.
(k) Drugstores.
(1) Floral shops.
(m) Health spas and physical fitness centers,
limited strictly to the use of the guests and/or
employees of such hotel or motel.
(n) Jewelry stores.
(o) Laundry and dry cleaning facilities.
(p) Luggage and accessory shops.
(q) One (1) caretaker/manager residential unit,
less than one thousand two hundred twenty-five (1,225)
gross square feet in size subject to compliance with
the parking standards for Multiple -Family Dwellings
under Section 18.06.050 entitled, "MINIMUM NUMBER, TYPE
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AND DESIGN OF OFF-STREET PARKING SPACES AND AREAS" of
this Code.
(r) Photo supply shops.
(s) Postal and copy service facilities.
(t) Recreational facilities (including, but not
limited to, outdoor playground areas, tennis and
racquetball courts, and swimming pools).
(u) Restaurants (semi -enclosed, walk-up and
delicatessen only).
(v) Sales of alcoholic beverages for off -premises
consumption.
(w) Shoe repair shops.
(x) Souvenir, gift, and/or novelty shops.
(y) Ticket agencies.
(z) Tobacco shops.
(aa) Travel agencies
.040 Permitted Temporary Uses and Structures. The following
temporary buildings, structures and uses shall be permitted
subject to the conditions and limitations specified herein:
.0401 Contractor's Office and/or Storage. Temporary
structures including the housing of tools and equipment or
containing supervisory offices in connection with
construction projects may be established and maintained
during the progress of such construction on such projects,
provided the time of such use shall not exceed one (1) year
unless a request for an extension of time for good cause is
approved by the Planning Director.
.0402 Special Events and Temporary Signs, Flags,
Banners, and Balloons. The temporary use of premises for
special events as defined in Section 18.01.200 entitled,
"'S' WORDS, TERMS AND PHRASES" of this Code, shall be
subject to compliance with the provisions of Section
18.02.055 entitled, "SPECIAL EVENT PERMITS—GENERAL" and
Section 18.05.070 entitled, "TEMPORARY SIGNS, FLAGS,
BANNERS, AND BALLOONS—GENERAL" of the Anaheim Municipal
Code.
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.0403 Temporary Parking Lots, subject to the review
and approval of the City Traffic and Transportation Manager
in accordance with subsection 18.48.110.060 entitled,
"TEMPORARY PARKING" of this Chapter.
.050 Conditional Uses and Structures. Due to the uniqueness
of the Anaheim Resort area as a tourist and visitor center and
the associated concerns of the circulation and traffic system and
other infrastructure impacts and land use compatibility, the
following buildings, structures and uses shall be permitted
provided a conditional use permit is approved therefore pursuant
to, and subject to, the conditions and required showings of
Section 18.03.030 entitled, "CONDITIONAL USE PERMITS
(C.U.P.'s)—GENERAL" of this Code. Proposed plans for related
signage shall be submitted with each conditional use permit
application and shall be subject to approval by conditional use
permit.
.0501 Amusement parks, theme -type complexes,
aviaries, zoos. Such uses may include the keeping of animals
or birds used in the operation of the facility, 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 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.
.0502 Art galleries.
.0503 Automobile car washes in conjunction with
service stations only.
.0504 Automobile rental agencies with on-site
storage and/or display of rental cars whether or not in
conjunction with a hotel or motel.
.0505 Automobile service stations, subject to the
requirements of Chapter 18.87 entitled, "ZONING
CODE -CRITERIA AND DEVELOPMENT STANDARDS FOR SERVICE
STATIONS" of this Code (except as certain associated uses
are conditionally permitted or prohibited in this
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subsection), provided that site development shall be
governed by the provisions of this Chapter and the Design
Plan. As a condition of granting any conditional use permit
for an automobile service station, the property owner shall
record an unsubordinated covenant against the property
agreeing to remove all structures, including underground
tanks, in the event that the station is closed for a period
of twelve (12) consecutive months or longer. A service
station shall be considered closed during any month in which
it is open for less than fifteen (15) days.
(a) Conditionally Permitted Uses. Tow truck
operations may be permitted in conjunction with a
service station facility subject to the following
requirements:
(1) A maximum of one (1) tow truck shall be
permitted.
(2) When on-site, the tow truck shall be
screened from view of the public right-of-way at
all times.
(3) 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.
(4) No additional signage advertising tow
truck operations shall be permitted.
(b) Prohibited Uses. Under no circumstances shall
the following uses be permitted in conjunction with any
service station facility:
(1) The sale of alcoholic beverages for
on -premises or off -premises consumption.
(2) Convenience markets or mini -markets.
(3) Rental and/or display of utility
trailers or trucks.
(4) Tow truck operations not in compliance
with subparagraph .0505(a) above.
.0506 Automobile/vehicle parking lots or parking
structures not otherwise permitted by paragraph
18.48.070.030 entitled, "PERMITTED ACCESSORY USES AND
STRUCTURES" of this Chapter.
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.0507 Bowling alleys, including sale of alcoholic
beverages for on -premises consumption.
.0508 Churches.
.0509 Emergency medical facilities.
.0510 Golf courses, including miniature golf
courses.
.0511 Improvements to legal non -conforming
buildings or structures as identified in paragraph
18.48.020.0505 entitled, "NON -CONFORMING STRUCTURES AND
USES."
.0512 Interior setbacks less than two (2) times the
height of any proposed building or structure when such
building or structure is within one hundred fifty (150) feet
of any single-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 entitled,
"Mobilehome Park (MHP) Overlay Zone."
.0513 Kitchens or Kitchenettes in hotel or motel
rooms.
.0514 Massage establishments, integrated within a
hotel or motel only, for which a permit is required pursuant
to Chapter 4.29 entitled, "BATHS, SAUNA BATHS, MASSAGE
ESTABLISHMENTS AND SIMILAR BUSINESSES" of this code.
.0515 Museums.
.0516 Non -publicly operated convention centers
including exhibition halls and auditoriums.
.0517 Office buildings when accessory to, and
integrated as part of, an on-site permitted primary or
conditional use.
.0518 Outdoor recreational playground areas in
conjunction with permitted primary uses and structures.
.0519 Radio and television studios, which may
include accommodations for filming/taping in front of live
audiences.
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.0520 Recreational vehicle and campsite parks
limited to use for short-term visits, not to exceed thirty
(30) days in any calendar year, by tourists and visitors.
.0521 Restaurants (semi -enclosed, walk-up or fast
food only), except as permitted as an accessory use pursuant
to subsection 18.48.070.030 entitled, "PERMITTED ACCESSORY
USES AND STRUCTURES" of this Chapter.
.0522 Signs as provided for in paragraph
18.48.130.060.0602 entitled, "CONDITIONALLY PERMITTED SIGNS"
of this Chapter.
.0523 Skating rinks.
.0524 Specialty retail centers in which all goods
and services are oriented, marketed and intended for
tourist, visitor and/or recreational consumers and not
oriented to the general public. Such centers shall consist
of a minimum of five (5) acres, have integrated management,
and shall have a "festive theme" orientation, and:
(a) Plazas and/or other pedestrian -oriented
amenities shall be part of the center's design as set
forth in the Design Plan.
(b) 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
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 Chapter
4.14 entitled, "AMUSEMENT DEVICES" of this Code. A
complete listing of proposed uses shall be submitted
with every conditional use permit application.
.0525 Structures within one hundred fifty (150)
feet of any single-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 entitled,
"Mobilehome 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.
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.0526 Theaters, including dinner, legitimate or
motion picture theaters, performance theaters or clubs, and
indoor or outdoor amphitheaters.
.0527 Transportation Facility, as defined in
paragraph 18.48.030.070.0702 entitled, "'T' WORDS, TERMS AND
PHRASES" of this Chapter; helistops, as defined in Section
18.01.090 entitled, "'H' WORDS, TERMS AND PHRASES" of this
Code (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.
.0528 Uses or activities not listed, nor
specifically prohibited, in this Chapter which are
determined by the Planning Commission to be consistent and
compatible with the intended purpose of the Specific Plan.
.0529 Vacation ownership resorts subject to
compliance with the requirements of Section 18.48.120
entitled, "REQUIREMENTS FOR VACATION OWNERSHIP RESORTS" of
this Chapter.
.060 Prohibited Uses. The following uses shall be prohibited
in this zone:
.0601 Ambulance services.
.0602 Automotive towing services, except as
approved in conjunction with a service station pursuant to
subsection 18.48.070.050 entitled, "CONDITIONAL USES AND
STRUCTURES" of this Chapter.
.0603 Billboards, as defined in subsection
18.48.130.010 entitled, "DEFINITIONS PERTAINING TO SIGNS" of
this Chapter.
.0604 Bingo establishments.
.0605 Cemeteries.
.0606 Christmas tree sales lots and/or stands.
.0607 Commercial retail centers, strip shopping
centers, mini -malls and other shopping centers not in
conformance with the requirements of a specialty center, as
defined and permitted in Section 18.48.070.050 entitled,
"CONDITIONAL USES AND STRUCTURES" of this Chapter.
.0608 Convenience markets or mini -markets.
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.0609 Conversion of hotels or motels to
semi-permanent or permanent living quarters, except for a
caretaker/manager unit as specified in subsection
18.48.070.030 entitled, "PERMITTED ACCESSORY USES AND
STRUCTURES" hereof, or vacation ownership resorts as
approved pursuant to subsection 18.48.070.050 entitled,
"CONDITIONAL USES AND STRUCTURES" hereof.
.0610 Drive-in or drive-through restaurants.
.0611 Headshops. For purposes of this Chapter, a
headshop is defined as any commercial enterprise or
establishment, whether ongoing or transient, which sells any
devices, contrivances, instruments or paraphernalia as
defined in Section 7.10.020, subsection (g), entitled,
"(ADVERTISING, DISPLAY AND SALE OF PARAPHERNALIA TO MINORS)
DEFINITIONS" of this Code.
.0612 Heliports, as defined in Section 18.01.090
entitled, "'H' WORDS, TERMS AND PHRASES"
.0613 Hospitals. An institution providing primary
health services or surgical care to persons or animals,
primarily inpatients, suffering from illness, disease,
injury, deformity and other abnormal physical or mental
conditions, and including, as an integral part of the
institution, related facilities such as laboratories,
outpatient facilities or training facilities. For the
purposes of this Chapter, hospitals shall include
convalescent homes, rest homes, sanitariums, institutions
for the treatment of the mentally ill, birthing centers, and
animal hospitals, all of which are defined in Chapter 18.01
entitled, "DEFINITIONS" of this Code.
.0614 Industrial uses, as set forth in Chapter
18.61 entitled, "ML LIMITED INDUSTRIAL ZONE," and Chapter
18.63 entitled, "MH HEAVY INDUSTRIAL ZONE," of this Code.
.0615 Kitchens or kitchenettes except as otherwise
expressly permitted in this Zone.
.0616 Mobilehome parks, except as otherwise
permitted by Section 18.48.090 entitled, "MOBILEHOME PARK
(MHP) OVERLAY" for parcels encompassed by the MHP Overlay as
identified on Exhibit 3.3.2a of the Specific Plan document
entitled, "MOBILEHOME PARK (MHP) OVERLAY ZONE". Expansion of
existing facilities to increase the number of mobilehomes or
mobilehome spaces is prohibited.
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.0617
integrated
conditional
I
Office buildings when not accessory to, and
as part of, an on-site permitted primary or
use.
.0618 Pawnshops.
.0619 Prohibited signs as listed in paragraph
18.48.130.060.0603 entitled, °PROHIBITED SIGNS" of this
Chapter.
.0620 Residential hotels or motels.
.0621 Sale of alcoholic beverages for on -premises
consumption and/or off -premise consumption except as
otherwise expressly permitted in this Zone.
.0622 Secondhand Shops.
.0623 Sex -Oriented Businesses as defined in Section
18.89.020 F of the Anaheim Municipal Code.
.0624 Single-family or multiple -family dwelling
units except caretaker/manager units allowed as an accessory
use integrated within a hotel, motel or vacation ownership
resort.
.0625 Structures exceeding the maximum heights
defined in Section 18.04.035 entitled, "STRUCTURAL HEIGHT
LIMITATION— ANAHEIM COMMERCIAL RECREATION AREA" of this
Code.
.0626 Structures originally designed or intended
for residential use but used for non-residential purposes.
.0627 Truck and trailer rental services.
.0628 Uses or activities not listed in this Chapter
(which are inconsistent or incompatible with the intended
purpose of the Specific Plan No. SP92-2 Zone).
.070 General Building Site Requirements. The size and shape
of the site proposed for the use shall be adequate to allow the
full development of the proposed use in a manner consistent with
the stated purpose and intent of this Zone. Adequate provision
shall be made for the safe and orderly circulation of both
pedestrian and vehicular traffic between the proposed site and
all streets and highways. The proposed development shall not
limit or adversely affect the growth and development potential of
adjoining lands or the general area in which it is proposed to be
located.
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.080 Structural Height and Lot Width Requirements. This
Section contains general building height and parcel width
requirements that apply to this Zone, except as otherwise
provided by this Chapter.
.0801 Maximum Permitted Structural Height. The
maximum structural height of any building or structure,
including roof -mounted equipment, shall not exceed the
maximum heights defined in Section 18.04.035 entitled
"STRUCTURAL HEIGHT LIMITATION—ANAHEIM COMMERCIAL RECREATION
AREA" of the Anaheim Municipal Code.
.0802 Height Adjacent to Residential Zones and the
MHP Overlay. The height of any building or structure within
one hundred fifty (150) feet of any single-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 of the Specific Plan document
entitled, "Mobilehome Park (MHP) Overlay Zone," shall not
exceed 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 greater than one-half the distance from said
building or structure to said zone or Overlay boundary may
be permitted subject to the approval of a conditional use
permit as set forth in subsection 18.48.070.050 entitled,
"CONDITIONAL USES AND STRUCTURES" of this Chapter.
.0803 Minimum Lot Width. Each lot shall have a
minimum width at the street frontage of not less than one
hundred seventy-five (175) feet. This requirement shall not
apply to any lot lawfully created prior to the effective
date of this Chapter and shall not render any such lot
nonconforming to this Chapter for purposes of applying any
other requirements contained herein.
.090 Structural Setback and Yard Requirements. Buildings and
structures within this Specific Plan area shall be provided with
open yards and setbacks extending across the full width of the
property as provided herein. All setbacks shall be fully
landscaped, irrigated, and maintained in a manner in compliance
with the Design Plan. The following minimum setback requirements
shall apply to permanent buildings and structures constructed
within this Zone, except as otherwise provided in paragraph
18.48.070.120.1208 entitled, "SPECIAL INTERSECTION LANDSCAPE
TREATMENT," and elsewhere in this Chapter.
.0901 Setbacks - Abutting Public Rights -of -Way.
Such setbacks shall be measured from the ultimate planned
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right-of-way as designated on the Circulation Element of the
General Plan and as further described in Sections 4.0
(Public Facilities Plan) and 5.0 (Design Plan) of the
Anaheim Resort Specific Plan document.
(a) Lots abutting Katella Avenue between Walnut
Street and Interstate 5 (Santa Ana Freeway) shall have
a minimum fully landscaped front yard setback of eleven
(11) feet.
(b) Lots abutting Harbor Boulevard between
Interstate 5 and Orangewood Avenue shall have a minimum
fully landscaped front yard setback of twenty-six (26)
feet.
(c) Adjacent to the following Major, Primary and
Secondary roads within the Specific Plan area, the
minimum setback for buildings seventy-five (75) feet
tall or less shall be twenty (20) feet; for buildings
greater than seventy-five (75) feet, the minimum
setback shall be thirty (30) feet:
(1) Ball Road.
(2) Clementine Street.
(3) Convention Way.
(4) Freedman Way.
(5) Harbor Boulevard north of Interstate 5.
(6) Haster Street/Anaheim Boulevard.
(7) Manchester Avenue.
(8) Orangewood Avenue.
(9) Pacifico Avenue (Alignment shown on the
Circulation Element of the City of Anaheim General
Plan).
(10) West Street/Disneyland Drive north of
Ball Road.
(11) West Street south of Katella Avenue.
(d) Adjacent to local streets within the Specific
Plan area, the minimum setback for buildings
thirty-five (35) feet tall or less shall be ten (10)
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feet; for buildings greater than thirty-five (35) feet,
the minimum setback shall be twenty (20) feet. Local
streets include:
(1) Alro Way.
(2) Casa Vista Street.
(3) Mountain View Avenue.
(4) Ox Road.
(5) Vermont Avenue.
(6) West Place (Portion of West Street south
of Ball Road within the Specific Plan area).
(7) Zeyn Street.
(e) For West Street/Disneyland Drive between
Katella Avenue and Ball Road, the minimum setback shall
be nineteen (19) feet.
(f) Adjacent to Walnut Street, the minimum
setback shall be thirty (30) feet.
.0902 Setback Adjacent to Interstate 5 (Santa Ana
Freeway). A minimum ten (10) foot wide fully landscaped area
shall be provided on any private property located
immediately adjacent to the ultimate right-of-way line of
Interstate 5.
.0903 Interior Structural Setback and Yard
Requirements. A minimum ten (10) foot wide fully landscaped
setback shall be required within the area abutting any
interior lot property lines; except that when an interior
lot property line is within one hundred fifty (150) feet of
any single-family or multiple -family residential zone
(excepting an RS -A-43,000 Zone, which has a resolution of
intent to a zone other than residential) or any property
encompassed by the MHP Overlay, an open side yard setback
area, with not less than twenty (20) feet of landscaping
adjacent to the property line, equal to two (2) times the
height of any proposed building or structure as measured to
the highest point of the building, including any penthouse
or other structure, shall be provided. Such setbacks shall
be measured from the interior property line. Setbacks less
than two (2) times the height of any proposed building or
structure may be permitted subject to the approval of a
conditional use permit as set forth in subsection
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18.48.070.050 entitled, "CONDITIONAL USES AND STRUCTURES" of
this Chapter.
.100 Permitted Encroachments into Required Yard and Setback
Areas. Buildings shall comply with the provisions of Section
18.04.043 entitled, "PERMITTED ENCROACHMENTS INTO REQUIRED
YARDS—GENERAL" of this Code, except as provided herein.
.1001 Vehicle Sight Distance to be Maintained. No
landscape materials or other elements exceeding twenty-four
(24) inches in height shall be permitted within the
"Commercial Drive Approach" area as defined by Engineering
Standard Detail No. 137. All living landscaping must be
maintained, pruned or trimmed in a manner which complies
with the requirement contained in this Chapter.
.1002 Parking in Required Setbacks Prohibited.
Parking of privately owned and operated automobiles is not
permitted within the required setbacks.
.1003 Parking in Interior Lot Setbacks. Where an
interior lot property line abuts a single-family or
multiple -family residential zone, the required setback area
adjacent to such interior lot property line may be used as
part of an automobile parking area provided that trees are
planted and permanently maintained in compliance with the
Design Plan adjacent to the residential zone property line
on maximum fifteen (15) foot centers; and, further provided
that such parking area does not encroach within the required
twenty (20) foot landscape setback area as specified in
paragraph 18.48.070.110.1102 entitled, "SCREENING ABUTTING
RESIDENTIAL ZONE OR MHP OVERLAY PROPERTY" of this Chapter.
.1004 Fountains, Ponds, Sculptures
Permitted.Fountains, ponds, sculptures, decorative paving,
planters and decorative walkways shall be permitted within
the required front yard setback, provided they are an
integral part of the landscaping plans approved with the
Final Site Plan as described in subsection 18.48.040.020
entitled, "FINAL SITE PLAN REVIEW AND APPROVAL" of this
Chapter.
.1005 Signs Permitted. Signs shall be permitted as
provided in Section 18.48.130 entitled, "SIGN REGULATIONS"
of this Chapter except as otherwise restricted by subsection
18.48.130.060 entitled, "BUSINESS AND IDENTIFICATION SIGNS,"
Exhibit 7.Oa entitled "General Sign Standards Matrix" and
Exhibit 7.Ob entitled, "Hotel/Motel Sign Standards Matrix"
found in paragraph 18.48.130.060.0604 entitled, "SIGN
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STANDARD MATRICES" and subsection 18.48.130.070 entitled,
"AUTOMOTIVE SERVICE STATIONS SIGNS" of this Chapter.
.1006 Flagpoles Permitted. A maximum of one (1)
flagpole for the display of a maximum of three (3) flags
shall be permitted within the required front yard setback
provided said flagpole does not exceed fifty (50) feet in
height and is set back a minimum of ten (10) feet from any
property line abutting a public right-of-way; and, further
provided each flag displayed thereon has a size dimension
not to exceed five (5) feet by nine (9) feet. All flags
shall be kept in good repair.
.1007 Drives and Walkways Permitted. Entrance and
exit drives and walkways into parking areas that are
perpendicular to the centerline of the street from which
access is provided shall be permitted.
.1008 Balconies and Architectural Projections
Permitted. A maximum three (3) foot encroachment into the
required minimum building setback area adjacent to the
ultimate public right-of-way shall be permitted for
balconies and architectural projections.
.110 Required Site Screening.
.1101 Landscape Buffer. Except as otherwise
provided herein, a landscape buffer shall be provided along
and immediately adjacent to the site property line abutting
any freeway or residential zone boundary as set forth in
subsection 18.48.070.090 entitled, "STRUCTURAL SETBACK AND
YARD REQUIREMENTS" of this Chapter. The buffer shall be
landscaped, irrigated and maintained in compliance with the
Design Plan.
.1102 Screening Abutting Residential Zone or MHP
overlay Property. Where the property abuts a residential or
MHP Overlay zone, this buffer shall consist of a minimum six
(6) foot high masonry wall, located at the property line,
and an adjacent twenty (20) foot wide permanently planted,
irrigated and maintained landscaped area. Said wall shall be
landscaped with clinging vines whereby growth occurs on both
sides. The height of any such wall and/or berm shall be
measured from the highest finished grade level of the
subject or adjacent properties, whichever is the higher.
.1103 Screening Abutting Freeway. Where the
property abuts a freeway, a minimum ten (10) foot wide
landscape buffer shall be required. Said buffer shall be
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permanently planted, irrigated and maintained. Walls are not
permitted to encroach within this required buffer.
.1104 Screening of Automotive Related Uses. All
automotive related uses, including service station auto
working bays, truck loading docks, service entrances, rental
car storage areas, storage of transit vehicles, and similar
uses shall be screened so as not to be visible from adjacent
public streets or adjacent properties.
.1105 Screening of Parking Areas. Where parking is
visible from a public right-of-way, the parking shall be
screened with a landscape area in compliance with the Design
Plan. Said landscape area shall consist of:
(a) shrubs or bushes which can attain a minimum
height of thirty-six (36) inches within two (2) years
of installation;
(b) landscaped berms with a minimum height of
thirty-six (36) inches (including the mature height of
landscape planted thereon); or,
(c) decorative walls or fences upon which are
planted clinging vines, and shall be landscaped,
irrigated and maintained in compliance with the Design
Plan and the Engineering Standard Detail No. 137
entitled, "Commercial Drive Approach."
.1106 Retaining Wall Treatment. In instances where
a retaining wall is required between adjoining properties,
and where other walls are required on one or more of the
adjoining properties, said walls shall be offset a minimum
of two (2) feet between the retaining wall and the other
required wall or walls; and, said walls shall be decorative
and landscaped with clinging vines in compliance with the
Design Plan. The two (2) foot offset area between the
retaining wall and the other required wall or walls shall be
landscaped, irrigated and maintained in compliance with the
Design Plan. Where a slope exists, any required wall shall
be erected at the property line with the slope itself,
permanently planted, irrigated, and maintained.
.1107 Utility Equipment. Utility equipment and
communication devices shall be screened from public view so
that such devices are not visible when the site is viewed at
any point measured six (6) feet above grade from other
public or private property. These devices may include, but
are not limited to: dish -type and other antennae, cross
connection devices, stand pipes, back flow assemblies, cable
M
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TV equipment, gas meters, ventilating fans, microwave and
cellular transmitters, and electrical transformers. When
encroaching into a required yard or setback area, other than
in a required setback area adjacent to a public street where
said encroachment shall not be permitted, decorative walls
for the purpose of screening such utility equipment and
communication devices shall not exceed thirty-six (36)
inches in height.
.1108 Roof Mounted Equipment. Roof mounted
equipment shall be painted the same color as the roof, shall
be screened from view of adjacent public rights-of-way and
from adjacent properties at any point measured six (6) feet
above grade, and shall be considered as part of the total
building height.
.1109 Refuse Container Enclosures. Refuse container
enclosures are required and shall be screened from public
view and shall be designed, constructed, and maintained in
compliance with the Design Plan and in compliance with the
Maintenance Standard entitled, "Refuse Container Enclosure
for Multiple -Family Residential, Commercial and Industrial
Use' on file in the Building Division of the Planning
Department.
.1110 Vacant Land. Vacant land or future landscape
areas which will remain vacant or unlandscaped for a period
in excess of one (1) year shall comply with at least one of
the following:
(a) Screening of Vacant Land. Vacant land shall
be screened from view from public rights-of-way with a
minimum three (3) foot high and minimum ten (10) foot
wide berm, or a minimum three (3) foot high hedge
screen located in a minimum three (3) foot wide
landscape area. Landscape on said berm or hedge screen
shall be maintained in a healthy condition as described
in subsection 18.48.070.120 entitled, "LANDSCAPING" of
this Chapter, and shall conform to the Design Plan.
(b) Landscaping of Vacant Land. Provide temporary
landscaping or groundcover complete with temporary
irrigation and keep adequately maintained until such
time as a valid grading or building permit has been
issued for construction on the site and such work
commences. Weed abatement shall be enforced at all
times. Any temporary landscaping that is removed shall
be replaced by permanent landscaping upon completion of
construction for the portion of the site where
construction has not occurred. This requirement shall
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be in addition to the landscaping requirements for the
site as otherwise required by this Chapter.
(c) Agriculture. Agricultural use for the purpose
of growing field crops, trees, vegetables, fruits,
berries or nursery stock is not subject to the
screening requirements contained herein.
.1111 Walls. Walls shall be planted with either
clinging vines or fast-growing shrubbery which will screen
the fence/wall surface so as to eliminate graffiti
opportunities. Maximum permitted wall height shall not
exceed eight (8) feet adjacent to commercially zoned
properties and six (6) feet adjacent to residentially zoned
properties.
(a) Exceptions. Within any required front yard
setback area, excluding the first ten (10) feet where
no wall shall be permitted, the height of any required
wall and/or berm shall be reduced to not more than
thirty-six (36) inches. Such walls shall be decorative
and landscaped with clinging vines in compliance with
the Design Plan.
.120 Landscaping
.1201 Compliance with Design Plan Required. Except
as otherwise provided in this Chapter and in Section
18.48.100 entitled, "CENTRAL CORE," all required setback
areas shall be fully and permanently landscaped with lawn,
trees and shrubs and may include walkways, plazas,
fountains, and other similar materials (not including turf
block) in accordance with the Design Plan. A minimum of
eighty percent (800) of the required setback area, excluding
driveways perpendicular to the street, on all lots abutting
all public streets shall contain live landscape materials.
.1202 Maintenance of Landscaping Required. All
landscaped areas shall be permanently maintained in a neat,
and orderly manner as a condition of use and in accordance
with the Design Plan.
.1203 Required Size of Plant Material. All required
trees shall be of a size at the time of planting not less
than the minimum size specified in the Design Plan. If not
specified in the Design Plan, the trees shall be fifteen
(15) gallons. All required shrubs shall be of a size at time
of planting not less than the minimum size specified in the
Design Plan. If not specified in the Design Plan, the shrubs
shall be five (5) gallons.
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.1204 Replacement of Damaged, Diseased, or Dead
Plant Material. Any required plant material planted on-site
which is subsequently removed, damaged, diseased and/or dead
shall be replaced on-site in a timely manner with comparable
plant material with a minimum size as recommended by the
Design Plan.
.1205 Coverage. Groundcover shall be planted and
maintained where shrubbery and/or trees are not sufficient
to cover exposed soil. Mulch may be used in place of
groundcover where groundcover will not grow or where
groundcover will cause harm to the plant materials, subject
to the approval of the Planning Department.
.1206 Irrigation. All required landscape areas
shall be provided and maintained with a permanent, automatic
irrigation system in accordance with the Design Plan. Such
system shall incorporate water conserving features.
.1207 Minimum Landscape and Open Space. The minimum
landscape and recreation area for any hotel or motel use
shall be fifteen (15) percent of the total area of the site.
Such minimum landscaped open space may include: landscape
areas with plantings of trees, shrubs and groundcover; water
features including, but not limited to, swimming pools,
spas, ponds, lakes, and fountains; pedestrian walkways and
patios; landscaped areas within parking facilities; and,
areas intended for emergency access paved with turf block.
Paved areas intended primarily for vehicular traffic
including, but not limited to, temporary and/or permanent
parking facilities; driveways, and porte-cocheres shall not
be considered as landscaped open space for the purposes of
this requirement.
.1208 Special Intersection Landscape Treatment.
Concurrent with any building hereinafter erected in this
Zone or any building structurally modified to an extent
exceeding forty-five percent (45%) of the gross floor area
of said existing building within any two year period, and
which building is located on any lot abutting any of the
following intersections, landscaping, paving and lighting
improvements shall be provided within that certain
intersection area as described in and in compliance with the
criteria set forth in the Design Plan:
(a) Ball Road and West Street/Disneyland Drive.
(b) Ball Road and West Street (to be renamed West
Place) until such time as West Street/Disneyland Drive
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is realigned as depicted in Exhibit 3.3.1a entitled,
"Development Plan" of the Specific Plan document.
(c) Harbor Boulevard and Katella Avenue.
(d) Harbor Boulevard and Orangewood Avenue.
(e) Katella Avenue and Haster Street/Anaheim
Boulevard.
(f) Katella Avenue and West Street.
(g) Manchester Avenue/Harbor Boulevard.
.130 Exterior Lighting. All exterior lighting shall be in
conformance with the Design Plan.
18.48.080 LAND USE AND SITE DEVELOPMENT STANDARDS—PUBLIC
RECREATION (PR) DISTRICT (DEVELOPMENT AREA 2)
Parcels encompassed by the PR District shall be subject to
the standards and regulations of the "PR" (Public Recreational)
Zone as set forth in Chapter 18.86 of the Anaheim Municipal Code.
18.48.090 MOBILEHOME PARR (MHP) OVERLAY
Parcels encompassed by the MHP Overlay shall be subject to
the procedures and regulations set forth in the Mobilehome Park
(MHP) Overlay Zone as set forth in Chapter 18.92 of the Anaheim
Municipal Code. The underlying Zone designation for the MHP
Overlay is the C-R District.
18.48.100 CENTRAL CORE.
.010 Purpose. The purpose of the Central Core is to create a
consistent, high quality pedestrian environment that reinforces
the character established by the landscape and other streetscape
elements identified in the Anaheim Resort Identity Program. The
Central Core boundaries encompass lots or parcels with frontage
on Harbor Boulevard between Interstate 5 and Orangewood Avenue
and on Katella Avenue between Interstate 5 and Walnut Street.
Subsections .020 and .040 below apply to the minimum required
setback areas adjacent to the ultimate public right-of-way.
Subsection .030 below applies to the area between the ultimate
public right-of-way and the actual (constructed) building
setback. Other guidelines for development of uses within the
Central Core are provided in the Design Plan.
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.020 Setbacks Adjacent to Harbor Boulevard. The required
landscape setback area adjacent to the Harbor Boulevard ultimate
public right-of-way may be paved provided:
.0201 The paved area will serve pedestrian -related
activities (outdoor dining, access to retail stores
integrated with hotel/motel developments, and similar uses);
.0202 Landscape shall be designed and installed in
conformance with the tree density requirements identified in
the Design Plan and depicted in Exhibit 5.6.6.3a entitled,
"Tree Density Factor Plan;" and,
.0203 A minimum of fifty percent (50%) of the
required setback area, excluding driveways perpendicular to
the street, shall contain live landscape materials.
.030 Location of Parking Areas. No parking areas shall be
located between the ultimate public right-of-way and the actual
(constructed) building setback.
.040 Lighting. Fluorescent, low pressure sodium, high
pressure sodium, and mercury vapor are prohibited in the front
setback areas.
18.48.110 OFF-STREET PARKING AND LOADING REQUIREMENTS.
All vehicle accessways and parking and loading areas shall
comply with the provisions of Chapter 18.06 entitled, "VEHICLE
PARKING AND LOADING REQUIREMENTS" of the Anaheim Municipal Code,
except as provided herein.
.010 Location of Required Parking Spaces. All parking areas
shall comply with the provisions of subsection 18.06.010.020
entitled, "(LOCATION OF REQUIRED PARKING SPACES) NONRESIDENTIAL
USES" of this Code; provided, however, that parking areas shall
be permitted to encroach into required setback areas in
compliance with the provisions of subsection 18.48.070.100
entitled, "PERMITTED ENCROACHMENTS INTO REQUIRED YARD AND SETBACK
AREAS" of this Chapter.
.020 Layout and Design. Layout and design of parking areas
and vehicle accessways shall comply with the requirements of
Section 18.06.020 entitled, "LAYOUT AND DESIGN OF PARKING AREAS"
of this Code.
.030 Hotel/Motel/Vacation Ownership Passenger Drop-off
Areas. All hotel/motels and vacation ownership resorts shall have
a passenger drop-off area located on-site. Passenger drop-off
areas (which may include a covered area or porte-cochere) shall
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be for the purpose of dropping off and picking up passengers and
luggage, accommodating valet parking, pedestrian access and
safety, and fire access while providing free flow of vehicles.
Such areas shall not encroach into the required front yard
setback, except as provided in subsection 18.48.070.100 entitled,
"PERMITTED ENCROACHMENTS INTO REQUIRED YARD AND SETBACK AREAS" of
this Chapter.
.040 Parking Lot Plan Review. Parking lot plans, including
parking facilities, shall be subject to review and approval by
the Planning Department and the City Traffic and Transportation
Manager during Final Site Plan Review and prior to issuance of
building permits, and shall, at a minimum, incorporate all
applicable Engineering Standards and shall contain the following
information:
.0401 Dimensions for internal spacing, circulation
and landscaped areas;
.0402 Curbing, stall markings, signing and other
traffic control devices;
.0403 Location and height of lighting fixtures;
.0404 Location, dimensions and accessibility of
trash containers for refuse trucks;
.0405 Location of fire hydrants and fire
accessways;
.0406 Location and height of perimeter walls;
.0407 Tour bus and/or shuttle parking and loading;
.0408 Grade elevations and ramps associated with
parking facilities;
.0409 Location of utility devices and other related
above -ground features (i.e. utility poles); and,
.0410 Delivery truck parking/loading areas and
bicycle racks.
.050 Paving. All permanent off-street parking facilities,
including access aisles and driveways, shall be permanently paved
(not to include turf block). Such surfacing, as well as striping,
signing, and directional markings, shall be maintained in good
condition at all times.
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.060 Temporary parking. Temporary parking facilities shall
be paved and screened with landscaping in accordance with
paragraph 18.48.070.110.1105 entitled, "SCREENING OF PARKING
AREAS," and shall be subject to the review and approval of the
City Traffic and Transportation Manager. Such facilities shall be
permitted for a period not to exceed one (1) year.
.070 Parking Markings and Separations. All parking spaces
shall be clearly and permanently outlined on the surface of the
parking facility in accordance with Engineering Standard Detail
No. 601 entitled, "Minimum Off -Street Parking Dimensions,"
Engineering Standard Detail No. 602 entitled, "Minimum Off -Street
Parking Dimensions," and Engineering Standard Detail No. 604
entitled, "Parking Structure Design." Parking shall be separated
from buildings, sidewalks and plazas by landscaped areas having a
minimum width of five (5) feet. Parking shall be separated from
any abutting property line by sideyard setback landscaping and,
by a minimum six (6) inch curb, and shall be screened from view
of public rights-of-way and adjacent properties in compliance
with the Design Plan.
.080 Driveway Abandonment. When use of a driveway to a
public street is abandoned or otherwise discontinued, the owner,
upon receipt of notice from the Public Works -Engineering
Department, shall remove all driveway pavement, curb and gutter;
and, shall replace the curb, gutter and sidewalk, and landscape
the area to match the adjacent landscaped areas.
.090 Required Improvement of Parking Areas. All parking
areas shall be improved in compliance with Section 18.06.030
entitled, "REQUIRED IMPROVEMENT OF PARKING AREAS" of this Code;
provided further that all portions of vehicular parking lots not
used for parking stalls or circulation shall be planted,
irrigated and maintained in accordance with the standards listed
below and the Design Plan.
.0901 Minimum Number of Trees. Surface parking lots
shall be landscaped and maintained with a minimum of one (1)
twenty-four (24) inch box tree per each five (5) parking
spaces, which trees shall be equally spaced. Tree wells
shall be designed with decorative paving and/or landscaped
with shrubs and/or ground cover.
.0902 Size of Planters. There shall be an average
of forty-eight (48) square feet of planter area provided for
each tree required in the above subsection with a minimum
dimension of five (5) feet.
.0903 Minimum Width of Perimeter Landscaping.
Parking structures shall have a landscaped area with a
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minimum width of ten (10) feet provided along the peripheral
edges of the parking structure. Such areas shall be
landscaped and maintained with a combination of shrubs,
ground cover and trees. Adjacent to any parking structure,
trees shall be provided and maintained consisting of at
least one (1) twenty-four (24) inch box tree for each ten
(10) linear feet of parking facility perimeter. Such trees
may be either grouped informally or formally.
.100 Conformance with the Design Plan. Tree, shrub and
ground cover selection and planting design shall conform with the
Design Plan.
.110 Parking space and Access Design. Layout and design of
parking areas and vehicle accessways shall comply with the
requirements of Section 18.06.040 entitled, "PARKING SPACE AND
ACCESS DESIGN" of this Code, and Engineering Standard Detail No.
602 entitled, "Minimum Off -Street Parking Dimensions for
Non -Residential Uses," and Engineering Standard Detail No. 604
entitled, "Parking Dimensions for Structures," except as follows:
.1101 Maximum Curb openings per street Frontage.
The maximum number of curb openings per street frontage
shall not exceed the following standards:
(a) Parcel Width 300 feet or less: One (1).
(b) Parcel Width over 300 feet: Two (2).
(c) One (1) additional curb opening may be
allowed if it is used as legal access to one (1) or
more adjacent parcels.
.1102 Driveway Separation and Spacing. There shall
be a minimum distance of thirty-six (36) feet between
driveways (nearest driveway edge to nearest driveway edge)
serving the same parcel, and a minimum distance of forty
(40) feet between driveways (nearest driveway edge to
nearest driveway edge) serving adjacent parcels.
.1103 Driveway Width Dimensions. Driveways shall be
a minimum of twenty-four (24) feet wide, and a maximum of
thirty (30) feet wide, in accordance with Engineering
Standard Detail No. 137 entitled, "Commercial Drive
Approach" and the Design Plan contained within Section 5.0
of the Specific Plan.
.1104 Curb Return. The curb cut shall have a
minimum fifteen (15) foot radius curb return and sight
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distance clearance in accordance with Engineering Standard
Detail No. 137 entitled, "Commercial Drive Approach."
.1105 Entry Drive Dimension. A minimum entry
driveway (throat) of forty (40) feet shall be provided,
measured from the nearest point of the ultimate street
right-of-way line to the nearest point of the on-site
parking area or on-site vehicular accessway to said parking
area. Parking shall be designed so as to preclude a car from
backing out of a stall and into the forty (40) foot entry
driveway in accordance with Engineering Standard Detail No.
607 entitled, "Driveway Location Planning."
.120 Minimum Parking Requirements. The minimum number, type
and design of off-street parking spaces shall comply with the
requirements of Section 18.06.050 entitled, "MINIMUM NUMBER, TYPE
AND DESIGN OF OFF-STREET PARKING SPACES AND AREAS" of this Code.
.130 Truck Loading. Truck loading facilities shall comply
with the requirements of Section 18.06.060 entitled, "TRUCK
LOADING REQUIREMENTS" of this Code and Engineering Standard
Detail No. 605 entitled, "Truck Dock Standard." A minimum of one
(1) truck dock or truck loading area shall be provided for each
hotel or motel.
.140 Bus Parking Areas. Hotels/motels shall provide space
for bus parking subject to the approval of the City Traffic and
Transportation Manager and the Planning Department in accordance
with Engineering Standard Detail No. 142 entitled, "Bus Bay."
18.48.120 REQUIREMENTS FOR VACATION OWNERSHIP RESORTS.
.010 Purpose of Section. The City Council has determined
that vacation ownership resorts constitute a commercial use
similar to hotel/motel facilities. Due to the mixed method of
operation, hybrid ownership, the potential generation of large
numbers of people and vehicles, and the potential impact on the
City's tourism -related facilities, special criteria are warranted
for the development of vacation ownership resorts in addition to
the requirements of the underlying zone.
.020 Limits on Occupancy. Occupancy, or right of occupancy,
of any vacation ownership resort unit (including different units
within the same facility) in a vacation ownership resort facility
by a person or entity shall be limited to no more than thirty
(30) consecutive days nor more than a total of sixty (60) days
during any consecutive twelve (12) month period. Units which do
not meet such criteria shall be considered to be residential
units and shall be prohibited.
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.030 Required Zoning. Vacation ownership resorts and
conversions to vacation ownership resorts shall be permitted in
the Anaheim Resort Specific Plan Zone, excluding property
encompassed by the Mobilehome Park (MHP) Overlay as identified on
Exhibit 3.3.2a entitled, "Mobilehome Park (MHP) Overlay Zone,"
subject to obtaining a Conditional Use Permit and the
requirements of subsection 18.48.120.050 entitled, "DEVELOPMENT
STANDARDS" of this Chapter. The conversion of vacation ownership
resorts to residential condominium use is prohibited.
.040 Related Uses. Vacation ownership resorts may include
other uses, either as accessory uses to the vacation ownership
resort use or as independent facilities, so long as the specific
use is allowed by the Anaheim Resort Specific Plan zone
designation. Such uses shall meet all City laws and requirements.
.050 Development Standards. The development standards
established in the Anaheim Resort Specific Plan zone designation
shall be applicable to vacation ownership resorts and the
conversion of existing facilities to vacation ownership resort
use. Additional requirements may be imposed by the Planning
Commission/City Council as follows:
.0501 Required facilities. The Planning Commission
and/or City Council may require the provision of facilities,
amenities, or design features usually associated with
hotels/motels (for example, lobbies, check-in areas,
registration desks, service closets, laundry facilities, and
the like) to ensure that the vacation ownership resort will
adequately function in the same manner as a hotel/motel
facility.
.0502 Parking. Additional parking may be required
if the design of the facility and units indicates that
additional parking is necessary.
.0503 Setback, height, landscaping, signage
requirements and recreation amenities. Additional
restrictions may be required to ensure that the facility is
adequately buffered from surrounding uses.
.0504 Kitchen facilities suitable for visitors may
be permitted by the Conditional Use Permit permitting the
vacation ownership resort.
.060 Conversion to Vacation Ownership Uses. The following
standards shall apply to conversions of existing facilities to
vacation ownership resort uses. Any conversion of an existing
facility to vacation ownership resort use shall be required to
meet the same standards as new facilities.
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.0601 The conversion of any type of existing unit
or facility to vacation ownership resort use shall be
subject to the approval of a Conditional Use Permit.
Conversion shall be evaluated in terms of the physical
suitability of the units or facilities for vacation
ownership resort use. Items to be considered shall include
the general maintenance and upkeep of the structures;
general physical condition of the facility; age of the
structures; suitability of the units for the type of
occupancy proposed; the age, condition, and general repair
of any recreational facility; and, conformance with
appropriate building, safety and fire standards. The
facility shall be upgraded to mitigate any identified
deficiencies. Conversions shall also be evaluated to ensure
that the conversion does not create or add to the shortage
of the particular type of unit proposed to be converted in
the City as a whole or in any particular area of the City.
.0602 All facilities converted to vacation
ownership resort use shall meet all applicable City
requirements, including building, safety, and fire
standards, as well as the other requirements of this
Section.
.0603 Conversions which would significantly reduce
the overall number of conventional overnight accommodations
in the City for visitors shall not be allowed. The effect of
the conversion on existing conventional overnight
accommodations shall be quantified by means of a survey
prepared to the satisfaction of the City. The survey shall
include a representative sample of the existing unit supply
in terms of location, price and type of unit.
.070 Information Required for Applications. In addition to
any information requirements established by other applicable
Sections of the Anaheim Municipal Code, the following information
shall also be submitted as part of any application to develop or
institute a vacation ownership resort:
.0701 Typical floor plans for each vacation
ownership resort unit type;
.0702 The phasing of the construction of the
vacation ownership resort use;
.0703 The type of vacation ownership resort method
to be used (fee simple, leasehold, tenancy -in -common,
license, membership, and the like) and how such use may be
created;
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.0704 The identification of vacation ownership
resort intervals and the number of intervals per unit;
.0705 Identification of which units are in the
vacation ownership resort program, the use of the units not
included in the program, and the method whereby other units
may be added, deleted, or substituted;
.0706 A description and identification of any
accessory uses which are proposed in conjunction with the
vacation ownership resort;
.0707 A description of the availability of the
vacation ownership resort project, including accessory uses,
to the general public;
.0708
maintenance of
person or party
the project;
.0709
any other uses
included in the
The provisions made for management and
the project and indication of a contact
responsible for the day-to-day operation of
A description of the type and operation of
(commercial and/or recreational) which are
facility;
.0710 The formula, fraction or percentage, of the
common expenses and any voting rights assigned to each
vacation ownership resort unit and where applicable, to each
unit within the project which unit is not subject to the
vacation ownership resort program;
.0711 Any restrictions on the use, occupancy,
alteration, or alienation of vacation ownership resort
units;
.0712 A parking demand study prepared by an
independent traffic engineer licensed by the State of
California or such other study as approved by the City
Traffic and Transportation Manager and provided to the City
by the applicant at applicant's sole expense;
.0713 A description of the method to be used
consistent and in compliance with the provisions of Chapter
2.12 entitled, "TRANSIENT OCCUPANCY TAX" of this Code, to
collect and transmit the transient occupancy tax to the
City;
.0714 Any other information or documentation the
applicant, City staff, the Planning Commission and/or City
Council deems reasonably necessary to the consideration of
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the project, including any required environmental or fiscal
impact report documents; and,
.0715 Applications for the conversion of any
portion of an existing facility to a vacation ownership
resort shall include the following information, as well as
the other information required by this Section:
(a) A property report describing in detail the
condition and useful life of the roof, foundations, and
mechanical, electrical, plumbing, and structural
elements prepared by a licensed engineer or architect;
(b) A comprehensive list of all improvements,
upgrading, and additional facilities proposed; and,
(c) A report prepared by a licensed engineer or
architect describing all repairs and replacements
needed, if any, to bring all structures into
substantial compliance with the Uniform Building Code,
Uniform Housing Code, National Electrical Code, Uniform
Plumbing Code, Uniform Fire Code, Uniform Mechanical
Code, and any other uniform building related codes as
modified and adopted by the City. Approval shall be
subject to receipt of such information and applicant's
failure to submit such documentation may be grounds for
disapproval.
.080 Building Permits. Prior to issuance of a building
permit, the legal property owner shall be required to provide the
following:
.0801 Copies of all relevant enabling
documentation, including, but not limited to, articles of
incorporation, bylaws, declarations of covenants,
conditions, and restrictions, and membership or license
agreements; and,
.0802 Copies of all State Department of Real Estate
applications and permits, including any public report
issued.
.090 Findings of Fact Necessary for Approval. In addition to
the findings of fact otherwise required by any other provision of
the Anaheim Municipal Code, approval of any conditional use
permit for a vacation ownership resort shall require the
following finding: That there are adequate visitor -serving
facilities in the City and that the project will not preclude or
significantly reduce the development of other needed tourist
facilities or hotel or motel facilities.
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.100 Vacation Ownership Resort Subject to Transient
Occupancy Tax. Notwithstanding any other provision of the Anaheim
Municipal Code, all vacation ownership resort units shall be
subject to the payment of the transient occupancy tax as
otherwise prescribed by Chapter 2.12 entitled, "TRANSIENT
OCCUPANCY TAX" of the Anaheim Municipal Code. No vacation
ownership resort shall be established as a conditional use unless
the property owner/developer establishes and implements a method
of ownership acceptable to the City which guarantees the City's
collection of Transient Occupancy Tax for all vacation ownership
units as if they were hotel rooms. The City reserves the right to
audit all such vacation ownership resorts. The manager of the
facility (or if the facility has no manager, the owner of the
facility) shall be deemed the "operator" within the meaning of
Chapter 2.12 entitled, "TRANSIENT OCCUPANCY TAX" of this Code for
purposes of collection and remittance of the tax.
18.48.130 SIGN REGULATIONS.
The purpose of this Section is to recognize the function of
signs in this zone, to provide for their inclusion under this
Section of the Anaheim Municipal Code, and to regulate and
control all matters relating to such signs, except the
construction thereof.
.010 Definitions Pertaining to Signs. For the purpose of
this Chapter, the following abbreviations, terms, phrases and
words shall be construed as specified below:
.0101 Animated Sign. Any sign that uses movement or
change of lighting to depict or simulate movement, action or
to otherwise create a special effect or scene.
.0102 Area of Sign. The area of a sign shall
include the entire area within any type of perimeter or
border which may enclose the outer limits of any writing,
representation, emblem, logo, figure or character. The area
of the sign having no such perimeter or border shall be
computed by enclosing the entire area constituting the
advertising message within the smallest polygon required to
enclose all typographic/graphic elements, in compliance with
the Design Plan.
.0103 Balloon. Any air-filled or gas-filled balloon
attached to a string, rope or similar ligature, and tethered
to a fixed or moving place or object, including a motor
vehicle.
.0104 Banner. Any sign made of fabric, cloth, paper
or other material that is fastened to a pole or building at
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one or more points. National flags, state or municipal
flags, or the official flags of any institution or business
shall not be considered banners. Pennants as defined herein
shall be considered banners for purposes of this Chapter.
.0105 Beacon. Any light with one or more beams
directed into the atmosphere or directed at one or more
points not on the same parcel as the light source; also, any
light with one or more beams that rotate or move.
.0106 Billboard or Off -Premise Sign. A structure or
sign of any kind or character upon which any poster, bill,
printing, writing, painting, graphic or other display of any
kind or nature whatsoever may be placed for advertising
purposes and which structure is erected, maintained or used
for the purpose of advertisement of goods produced, sold or
available for sale, or services available or rendered, at
locations other than the premises upon which the structure
is located. The term 'billboard' or 'off -premise sign' shall
not include:
(a) Official notices issued by any court or
public body or officer;
(b) Notices posted by any public officer in
performance of a public duty or by any person in giving
legal notice;
(c) Directional, warning or information
structures required or authorized by law or by Federal,
State, County or City authority;
(d) A structure which contains solely the name of
the City and the names of, or any other information
regarding, civic, fraternal or religious organizations
located therein;
(e) Guide signs, on -premise signs, business
signs, and temporary real estate signs as defined in
Section 18.48.130 entitled, "SIGN REGULATIONS" of this
Chapter.
.0107 Business Information Sign. Any informational
sign (not a project identification sign) on the project
premises that relates to the principal business or use of
the premises upon which the sign is erected. This sign type
may include signs which direct attention to a business
commodity, service, or other activity which is sold,
offered, or conducted on the premises upon which the sign is
located, or to which it is affixed.
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.0108 Can -Type Sign. A box -shaped sign which has
copy on the outside of its surface and is internally
illuminated.
.0109 Canopy Sign. Any sign that is a part of or
attached to an awning, canopy, or other fabric, plastic, or
structural protective cover over a door, entrance, window,
or outdoor service area. A marquee sign as defined herein is
not a canopy sign.
.0110 Changeable Copy Sign. A sign or portion
thereof, including but not limited to, electronic message
boards, with characters, letters or illustrations that can
be changed or rearranged without altering the face or the
display surface of the sign.
.0111 Company Symbol. A mark or logo that can
either stand alone or be used with a company name to
identify a company.
.0112 Company Name. The full spelling of the name
of the business.
.0113 Cornice. Any prominent, continuous
horizontally projecting feature extending from a wall or
other structure.
.0114 Display Surface. The surface of the sign
structure available for the mounting of material, or the
electronic message board, to carry an advertising message,
trademark, emblem or logo.
.0115 Emitting Sign. Any sign that releases smoke,
steam, water, bubbles or other solids, liquids or gases as a
device for advertising.
.0116 Electronic Message Board. A changeable copy
sign upon which the copy is displayed or changed by
electronic means.
.0117 Entrance/Exit Sign. A sign typically located
at a driveway entrance and displaying only "enter" or "exit"
along with a small logo.
.0118 Exposed Neon Sign. A sign where the neon or
argon/mercury illuminated glass tubing is visible and not
shielded from view by any material or sign structure.
.0119 Flag. Any fabric attached to a flagpole and
complying with paragraph 18.48.070.110.1006 entitled,
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"FLAGPOLES PERMITTED" of this Chapter, and containing
distinctive colors, patterns, or symbols, and used as a
symbol of a government or other entity.
.0120 Flashing Sign. Any sign designed to operate
under conditions of intermittent illumination which operates
in a manner to create the illusion of being on and off.
.0121 Illegal Sign. Any sign or advertising display
constructed or erected without first complying with all
applicable ordinances and regulations in effect at the time
of its construction, erection or use.
.0122 Informational, Regulatory and Directional
Sign System (IRD Sign system). Any group of signs that are
intentionally designed to be a unified family of signs
through a consistent use of color, typography, graphics,
design detailing and structural detailing.
.0123 Lighter Box Sign. An illuminated sign that
contains words, numbers or symbols, designed to be an
integral part of the architecture of a service station, and
intended to be placed above the fuel pumps of a service
station for purposes of providing light for the working area
and commercial identification.
.0124 Location. A lot, site, premises, building,
wall or any place whatsoever upon which a sign is erected,
constructed or maintained.
.0125 Magnetic Sign. A sign which is magnetically
attached to a surface.
.0126 Marquee (Changeable Copy) Sign. A sign which
is characterized by changeable copy whether said sign is a
wall sign or whether said sign projects from and is
supported by a building.
.0127 Monument Sign. A large freestanding sign
structure which is permanently attached to the ground by
means of a permanent solid base, independent from any
building or other structure and used primarily as an
identity sign for a building or project. It is oriented for
vehicular view along roadways and is often used at entries
to a building or project.
.0128 Nameplate. Any lighted or unlighted sign
mounted on or near an entry that identifies the name and
occupation or profession of the occupant of the premises and
shall be part of the IRD sign system for the property.
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.0129 Noncommercial Message Sign. A sign displaying
political or social (public information) messages.
.0130 Nonconforming Sign. Any sign that complied
with all applicable ordinances and regulations in effect at
the time it was erected, but which does not conform to one
or more of the requirements of this Chapter.
.0131 off -Site Sign. Any sign not located on the
same parcel to which such sign message pertains.
.0132 on -Site Directional Guidance Sign. Any sign
located on-site and not visible from the public
right-of-way, giving direction for on-site pedestrian or
vehicular circulation.
.0133 On -Site Directory Sign. Any on-site sign
exhibiting the names and locations of on-site uses and/or
facilities, and intended to facilitate the movement of
patrons or visitors throughout the site. The sign may
display a site map.
.0134 On -Site Sign. Any sign located on the same
parcel to which such sign message pertains.
.0135 Outdoor Advertising. Advertising on any
board, fence, sign device, structure or building, or the
placing thereon of any poster, bill, printing, painting,
device or any advertising matter of any kind whatsoever; and
the pasting, posting, printing, painting, nailing or tacking
or otherwise fastening of any handbill, card, banner, sign,
poster, advertisement or notice of any kind upon any
property or place. Said term shall not include any signs or
notices posted or displayed by any public officer in the
performance of a public duty or a private person in giving a
legal notice.
.0136 Parapet Sign. A sign attached to a vertical
wall extending from and above the actual roof line and
intended to visually heighten the building.
.0137 Pennant. Any plastic, fabric, or other
material, whether or not containing a message of any kind,
suspended from a rope, wire, string, or other similar device
usually in series, designed to move in the wind.
.0138 Pole Sign. A sign which is affixed to one or
more poles attached to the ground and which is constructed
in a manner which does not fully obstruct the view of the
area between the sign and the ground.
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.0139 Portable Sign. Any sign not permanently
attached to the ground or other permanent structure, or a
sign designed to be transported, including, but not limited
to, signs designed to be transported by means of wheels;
signs converted to A -frames or T -frames; menu and sandwich
board signs; balloons used as signs; umbrellas used for
advertising; and signs attached to or painted upon vehicles
parked and visible from the public right-of-way, unless said
vehicle is used in the normal day-to-day transportation
operations of the business.
.0140 Projecting Sign. A wall sign which projects
from the face of a building.
.0141 Pump Top Sign. Any sign atop a fuel
dispensing pump, either affixed to or placed upon such pump.
A lighter box sign is not a pump top sign.
.0142 Raceway. A metal box containing wiring,
transformers and housings for a sign.
.0143 Real Estate Sign. Any sign and sign
structure of a temporary nature relating to the sale, lease
or other disposition of real property.
.0144 Reverse Pan Channel Letters with Neon Halo
Illumination. Individual letters formed as a sign can
structure where the front surface is opaque and the back is
open. Neon tubing is molded to fit the form of the can
structure and is placed inside the can structure. The light
from the neon shines out the opening in the back of the
letter and reflects off the surface of the building or
structure where the letter is mounted. At night, this
reflection appears to be a halo around the opaque
letterform.
.0145 Roof Sign. A sign erected, constructed or
maintained upon or above the roof of any building.
.0146 Rotating or Revolving Sign. Any sign all or
a portion of which moves, revolves or rotates in some
manner.
.0147 Sign. Any display, device, fixture,
placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to regulate, direct,
advertise, announce the purpose of, or identify the purpose
of a person or entity, or to communicate information of any
kind to the public.
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.0148 Sign Copy. Any characters, letters or type
that constitutes the message of the sign exclusive of a
company symbol or company name.
.0149 Storefront. A wall of a business containing
display windows and a public entry.
.0150 Structure. The supports, uprights, bracing,
guy rods, cables and framework of a sign or outdoor
advertising display.
.0151 Temporary sign. Any sign that is used only
temporarily and is not permanently mounted or affixed to the
ground or any structure.
.0152 Typeface. The general form, structure,
style, or character common to all elements comprising an
alphabet.
.0153 Wall Sign. A sign which is affixed to an
exterior wall of any building or which is affixed to any
structure or parapet attached to the wall of any building.
.0154 Window Identification Sign. Any sign
bearing only the name and/or logo and/or address of the
business occupying the premises; and, consisting of letters
and/or numbers permanently affixed to the window, and made
of gold leaf, paint, stencil, or other such material.
.0155 Window Sign. Any sign, picture, symbol, or
combination thereof, designed to communicate information
about an activity, business, commodity, event, sale, or
service, that is placed inside a window or upon the window
panes or glass of a building and which is visible from the
exterior side of the window, excluding any window
identification sign.
.020 Signs -General.
.0201 Application. Sign standards and regulations
contained within this Section apply to properties within the
Specific Plan area.
.0202 Administrative Provisions -Sign Regulations.
The location, size, type, construction and all other matters
relating to signs in the Specific Plan area shall be
regulated and controlled exclusively by the provisions of
this Chapter except to the extent reference is expressly
made in this Chapter to any other provision of the Anaheim
Municipal Code. In the event of any conflict between the
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provisions of this Chapter and any other provisions of the
Anaheim Municipal Code so referenced herein, the provisions
of this Chapter shall govern and prevail. All signs and all
applications therefor shall be exclusively administered by
the Planning Director except those signs which may be sought
in conjunction with a conditional use permit or a zone
variance.
.0203 Coordinated Sign Program. All signs on a
property shall be designed as part of a coordinated
architectural, informational, regulatory and directional
sign system with a consistent design detailing, typeface and
color system. All multi -tenant signs shall either use one
consistent typeface for all tenants or use one color for all
sign copy. The capital letter height of all tenant
identification copy shall be the same on a single
multi -tenant sign face. Multi -tenant wall signs shall either
be all wall signs or all canopy signs except as provided
elsewhere in this Chapter for hotel/motel accessory uses.
.0204 Resolution of Inconsistent Provisions.
Notwithstanding any other provision of this Code to the
contrary, all provisions governing signs or advertising
structures of any type in this Zone shall be contained
within this Chapter; provided, however, the provisions of
Section 18.05.070 entitled "TEMPORARY SIGNS, FLAGS, BANNERS
AND BALLOONS—GENERAL," and Chapters 4.04 entitled, "OUTDOOR
ADVERTISING SIGNS AND STRUCTURES— GENERAL," and 4.09
entitled, "ADVERTISING OF MOTEL AND HOTEL RENTAL RATES" of
this Code shall apply to signs and advertising structures in
this Zone to the extent such provisions are not inconsistent
with this Chapter.
.0205 variances From Sign Requirements. No person
shall install or maintain any sign in the Specific Plan area
except as permitted herein; provided, however, that any
requirements or restrictions may be waived in whole or in
part upon such conditions as may be imposed by the Zoning
Administrator, Planning Commission or the City Council by a
zone variance processed and approved in accordance with all
procedures, requirements and restrictions established for
variances pursuant to Chapter 18.03 entitled, "ZONING
PROCEDURES -AMENDMENTS, CONDITIONAL USE PERMITS AND
VARIANCES" of the Anaheim Municipal Code.
.0206 Signs Approved in Conjunction with
Conditional Use Permits. Approval of any conditional use
permit shall be deemed to constitute approval of any on-site
signs which are otherwise permitted in the Specific Plan
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area unless, as part of the action approving the conditional
use permit, more restrictive sign requirements are imposed.
.0207 Legal Nonconforming Signs -General. Any sign
or other advertising display or structure of whatever type
or nature, other than an illegal sign, which violates or
otherwise does not comply with the applicable requirements
of this Chapter shall be subject to compliance with the
regulations prescribed herein in the time and manner
hereinafter set forth.
(a) Legal Nonconforming Signs -Continuation and
Termination. Any legal nonconforming sign or sign
structure in existence on the effective date of this
Chapter which violates or otherwise does not conform to
the provisions hereof shall be removed, altered or
replaced so as to conform to the requirements of this
Chapter (hereinafter the "abatement") in accordance
with the following:
(1) For signage on properties adjacent to
Harbor Boulevard between I-5 and Orangewood Avenue
and Katella Avenue between Walnut Street and I-5,
the signage shall be removed, altered or replaced
within five (5) years after the date said sign
first becomes nonconforming to the provisions of
this Chapter, or on or before December 31, 1999,
whichever is later;
(2) For signage on properties other than
those adjacent to Harbor Boulevard between I-5 and
Orangewood Avenue and Katella Avenue between
Walnut Street and I-5, the signage shall be
removed, altered or replaced within eight (8)
years after the date said sign first becomes
nonconforming to the provisions of this Chapter,
or on or before December 31, 2002, whichever is
later;
(3) Provided, however, in no event shall
such abatement be required unless and until the
owner of said sign has received not less than one
(1) year's advance written notice from the
Planning Director requiring the removal or
alteration of sign.
(b) Notwithstanding the foregoing:
(1) Any advertising display which was
lawfully erected which does not conform to the
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provisions of this Chapter, but whose use has
ceased, or the structure upon which the display
exists has been abandoned by its owner, for a
period of not less than ninety (90) days, shall be
removed, altered or replaced so as to conform to
the provisions of this Chapter within six (6)
months from the date of receipt of a written order
of abatement from the Planning Director requiring
such abatement. Costs incurred by the City in
removing an abandoned display shall be borne by or
charged to the legal owner of the real property
upon which said sign is located.
(2) Any advertising display structure which
does not conform to the provisions of this Chapter
which has been more than fifty percent (50%)
destroyed, and the destruction is other than
facial copy replacement, and said structure cannot
be repaired within thirty (30) days of the date of
its destruction shall be removed, altered or
replaced so as to conform to the provisions of
this Chapter within six (6) months from the date
of receipt of a written order of abatement from
the Planning Director requiring such abatement.
(3) Any advertising display which does not
conform to the provisions of this Chapter, whose
owner, outside of a change of copy, requests
permission to remodel and remodels that
advertising display, or expands or enlarges the
building or intensifies the land use upon which
the advertising display is located, and the
display is affected by the construction,
enlargement, or remodeling, or the cost of
construction, enlargement or remodeling of the
advertising display exceeds fifty percent (50%) of
the cost of reconstruction of the building, shall
remove, alter or replace such sign so as to
conform to the requirements of this Chapter in
conjunction with said project.
(4) Any advertising display which does not
conform to the provisions of this Chapter, whose
owner seeks relocation thereof and relocates the
advertising display shall be required to conform
said relocated advertising display to the
provisions of this Chapter within six (6) months
from the date of receipt of a written order of
abatement from the Planning Director requiring
such abatement.
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(5) Any advertising display which does not
conform to the provisions of this Chapter for
which there has been an agreement between the
advertising display owner and the City for its
removal as of any given date shall remove such
sign in accordance with the provisions of said
agreement.
(6) Any temporary advertising display
erected pursuant to a special events permit issued
by the City shall be removed as specified under
Section 18.05.070 entitled "TEMPORARY SIGNS,
FLAGS, BANNERS AND BALLOONS—GENERAL," of the
Anaheim Municipal Code or within such other time
as expressly authorized by the City.
(7) Any advertising display which may become
a danger to the public or is unsafe shall be
removed, altered or replaced so as to conform to
the requirements of this Chapter within thirty
(30) days from the date of receipt of a written
order of abatement from the Planning Director
requiring such removal or alteration. Any
advertising display which poses an immediate
danger to public health or safety, shall be abated
as provided in the written order of abatement from
the Planning Director.
(8) Any advertising display which is
determined by the City Engineer to constitute a
traffic hazard not created by the relocation of
streets or highways or by acts of the City shall
be removed, altered or replaced so as to conform
to the requirements of this Chapter as provided in
the written order of abatement from the Planning
Director requiring such removal or alteration.
(9) Any other advertising display which does
not conform to the provisions of this Chapter for
which the City is exempt from the payment of
compensation in conjunction with requiring its
removal as specified in Chapter 2.5 of Division 3
of the Business and Professions Code of the State
of California, or any successor provisions thereto
shall be subject to removal as specified in said
Code.
(10) Illegal Signs. Illegal signs as defined
in subsection 18.48.130.010, "DEFINITIONS
PERTAINING TO SIGNS" of this Chapter shall be
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removed, altered
the requirements
months following
Chapter.
or replaced so as to conform to
of this Chapter within six (6)
the effective date of this
.0208 Regulation of Special Types of Signs -General.
Notwithstanding any other provisions of this Chapter, the
following special types and classifications of signs shall
be permitted subject to compliance with the limitations and
conditions prescribed herein.
(a) Signs Required By Law. Nothing contained in
this Chapter shall prevent the erection, location or
construction of any sign on private property where such
erection, location or construction of said sign is
required by any law; provided, however, no such sign
erected, placed or maintained pursuant to this
provision shall exceed four (4) square feet in area
except to the extent a greater sign area is expressly
required by law.
(b) Signs in the Public Rights -of -Way. Signs
shall be prohibited in any public rights-of-way as
provided in Section 4.04.130 entitled, "PROHIBITION OF
SIGNS IN THE PUBLIC RIGHT-OF-WAY" of this Code except
signs and gateways as described in the Design Plan.
(c) Political Campaign Signs. Notwithstanding any
other provision of this Chapter, political campaign
signs shall be permitted on private property provided:
(1) Sight Distance. Such signs shall comply
with the minimum sight distance requirements set
forth in subsection 18.05.093.025 entitled,
"MINIMUM SIGHT DISTANCE REQUIREMENTS FOR
FREESTANDING SIGNS" of this Code;
(2) Code Compliance. Such signs shall comply
with the provisions of Section 4.04.130 entitled,
"PROHIBITION OF SIGNS IN THE PUBLIC RIGHT-OF-WAY"
of this Code; and,
(3) Title 15 Compliance. Any structure to
which a political sign is attached shall comply
with all applicable provisions of Title 15
"Building and Housing" of the Anaheim Municipal
Code, except that no building permit shall be
required for a temporary political campaign sign
having a surface area of thirty-five (35) square
feet or less and which structure is removed within
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one hundred and twenty (120) days of its erection
or placement, or within thirty (30) days after the
election to which the sign relates, whichever
occurs first.
.030 Lighted Signs -General. No artificial light of
whatever type or nature used in conjunction with, or for the
purpose of, lighting any sign shall be so erected or constructed
or placed, nor shall any substance or material capable of
reflecting light be so placed, as to result in directing such
artificial light into any structure used exclusively for
residential purposes. For the purpose of this provision,
structures devoted to hotel and motel use are not to be construed
as structures used exclusively for residential purposes.
.0301 Indirect Lighting. No sign lighted by any
type of indirect lighting shall have any such lighting which
exceeds eight hundred (800) milliamps rated capacity nor
shall any sign lighted by neon or similar materials have any
such neon or similar material which exceeds thirty (30)
milliamps rated capacity.
.0302 Intensity of Illumination. The approval of
any illuminated sign shall not be final until thirty (30)
days after installation, during which period the Planning
Director may order the dimming of any illumination found to
be excessively brilliant and no sign permit shall be valid
until such order has been carried out to an extent
satisfactory to the Planning Director. For purposes of this
Section, illumination shall be considered excessively
brilliant when it prevents normal perception of objects or
buildings beyond or in the vicinity of the sign, or when it
shines directly onto any residentially developed property.
.0303 Lighter Box Sign. A lighter box sign:
(a) shall be either single -faced or double-faced,
(b) shall only be internally illuminated,
(c) advertising thereon shall be limited to the
company name or logo only, and
(d) said name or logo shall not exceed twenty
(20) percent of the total area of each face of said
sign.
.040 Real Estate Signs. Notwithstanding any other
provision of this Chapter, temporary real estate signs
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advertising property for sale, lease, rental or for inspection by
the public shall be permitted subject to the following
limitations:
.0401 On -Site Real Estate Signs. A maximum of one
(1) unlighted, single -faced or double-faced freestanding
sign advertising property for sale, lease, rental, or other
disposition of the property on which such sign is located
shall be permitted on parcels of less than one-half (1/2)
acre in area. on larger parcels, one such sign per each
street or highway frontage of said parcel shall be permitted
as provided herein. Any such sign(s) may also include the
name, address, and phone number of the person, firm, entity
or agent offering said premises for sale, lease, rental or
other disposition.
.0402 Sign Size:
(a) For parcels less than twenty-two thousand
(22,000) square feet in area, the maximum area of each
sign shall not exceed ten (10) square feet per sign
face, and the height thereof as installed shall not
exceed four (4) feet.
(b) For parcels of between twenty-two thousand
(22,000) and forty-three thousand (43,000) square feet
in area, the maximum area of each sign shall not exceed
twenty-four (24) square feet per sign face, and the
height thereof as installed shall not exceed four (4)
feet.
(c) For parcels forty-three thousand (43,000)
square feet or more in area, the maximum area of each
sign shall not exceed forty (40) square feet per sign
face, and the height thereof as installed shall not
exceed four (4) feet.
.050 Future Establishment Signs. The future establishment of
a business or other activity on a parcel or lot may be advertised
by means of on-site signage, subject to compliance with the
following provisions:
.0501 Ownership of Property. The subject property
upon which the sign is located must be owned in fee
interest, or must be under lease for a minimum ten (10) year
period (from the date of issuance of the sign permit), by,
or for the purpose of, the future business or establishment
referred to upon the copy of said sign. Proof of compliance
with this subsection shall be submitted to the Building
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Division of the Planning Department prior to issuance of a
permit.
.0502 Maximum Area Per Sign Face: Sixty (60)
square feet.
.0503 Maximum Height: Four (4) feet with a two (2)
foot berm, for a maximum total height of six (6) feet.
.0504 Maximum Number Permitted: One (1)
single -faced or double-faced freestanding sign per each
street or highway frontage.
.0505 Location. All future establishment signs
shall be located in the middle thirty (30) percent of the
street frontage except for corner lot locations where said
sign shall be set back in compliance with the Design Plan.
.0506 Time Limit. One (1) year from date of
construction or erection unless prior to expiration,
approved by the Planning Director for an additional period
not to exceed one (1) year.
.0507 Names and Dates Required on Signs. The name
of the sign owner, property owner or sign builder along with
a phone number, as well as the date the sign is erected,
shall be securely placed on each sign.
.0508 Sign Permit Fees and Deposits. For each and
every on-site future establishment sign, there shall be paid
to the Building Division of the Planning Department, a sign
permit fee and cash deposit to guarantee removal of each
sign. The amount of said fees and deposits shall be as
specified by City Council Resolution. Further, all such
signs shall be subject to the following conditions:
(a) Return of Deposit. If said sign is removed
within thirty (30) days following the expiration date,
the removal deposit shall be refunded to the depositor
in full.
(b) Failure to Remove. If said sign is not
removed prior to or upon the permit expiration date,
the City or its agents may enter upon subject property
and remove the sign, the cost of the removal to be
deducted from the removal deposit, and the remainder of
the removal deposit, if any, to be returned to the
depositor. The sign owner, property owner or sign
builder whose name appears on the sign (collectively
"person") shall be notified of the City's intent to
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remove the sign not less than fourteen (14) days prior
to removal by the City. Following removal by the City,
said person shall be notified of the removal and said
sign shall be retained for a minimum of ten (10) days
following the date of such notice after which said sign
may be disposed of by the City.
(c) Authority. Before a permit for such a sign is
issued, the owners of record of the premises and the
person proposing to erect the sign must furnish the
Building Division written authority granting the City
of Anaheim or any of its agents or employees
irrevocable permission to enter upon the premises and
irrevocably appointing the Chief Building Official as
the agent of the owners with permission and authority
to remove such sign pursuant to the provisions of this
Section.
.060 Business and Identification Signs. Business and
identification signs shall comply with the Design Plan, shall
consist of permanent non -changeable copy except as provided for
in subparagraph 18.48.130.060.0602(a) entitled, "CHANGEABLE COPY
SIGNS" of this Chapter, and shall comply with the following:
.0601 Permitted Signs. The following sign types are
allowed in this Zone subject to the requirements of this
Chapter.
be:
(a) Freestanding Monument Signs. Such signs shall
(1) Monument signs except as provided
elsewhere in this Chapter;
(2) Limited to the name of the development
and/or a maximum of three (3) company names and/or
company symbols only; and,
(3) Such signs shall use the standard
monument sign base and conform to the appropriate
sign size and design as specified in Exhibit 7.Oa
entitled, "General Sign Standards Matrix" and
Exhibit 7.Ob entitled, "Hotel/Motel Sign Standards
Matrix" in paragraph 18.48.130.060.0604, entitled,
"SIGN STANDARDS MATRICES," of this Chapter.
(4) Such signs shall use the required street
address can type sign and type face for display of
street number as specified in Exhibit 7.Oa
entitled, "General Sign Standards Matrix" and
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Exhibit 7.Ob entitled, "Hotel/Motel Sign Standards
Matrix" in paragraph 18.48.130.060.0604, entitled,
"SIGN STANDARDS MATRICES," of this Chapter.
(b) Informational, Regulatory and Directional
(IRD) signs not visible from the Public Right -of -Way.
Such signs shall:
(1) Be located outside any required setback
area;
(2) Be designed to direct pedestrians and/or
vehicular traffic while said traffic is on the
parcel on which said signage is located; and,
(3) Be designed as a coordinated
architectural, informational, directional and
regulatory sign system for said project. If a
company symbol or logo is part of the sign copy,
it shall occupy a maximum of twenty-five percent
(25%) of the sign area.
(c) Informational, Regulatory and Directional
(IRD) Signs Visible from the Public Right -of -Way. Such
signs shall:
(1) Have a maximum sign area of eight (8)
square feet; and,
(2) Be designed as a coordinated
architectural, informational, directional and
regulatory sign system for said project. If a
company symbol or logo is part of the sign copy,
it shall occupy a maximum of twenty-five percent
(25%) of the sign area.
(d) Wall Signs.
(1) Such signs shall not encroach into any
public right-of-way, and are subject to the
provisions specified in Exhibit 7.Oa entitled,
"General Sign Standards Matrix" and Exhibit 7.Ob
entitled, "Hotel/Motel Sign Standards Matrix" in
paragraph 18.48.130.060.0604 entitled, "SIGN
STANDARD MATRICES" of this Chapter.
(2) Said signs shall have only one (1)
display surface; and,
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(3) Said signs shall be placed parallel to
and in front of any exterior wall of the building.
(e) Canopy Signs. Canopy Signs as defined in
subsection 18.48.130.010 entitled, "DEFINITIONS
PERTAINING TO SIGNS" of this Chapter are considered a
wall sign and as such, all regulations pertaining to
wall signs also pertain to canopy signs. Such signs
shall be permitted on awning valances, provided awnings
shall not be permitted to project over or into a public
right-of-way and the awnings shall be an integral part
of the building design. Canopy signs on awning valances
are considered wall signs and are subject to the
provisions of wall signs as provided in Exhibit 7.Oa
entitled, "General Sign Standards Matrix" and Exhibit
7.Ob entitled, "Hotel/Motel Sign Standards Matrix" in
paragraph 18.48.130.060.0604 entitled, "SIGN STANDARD
MATRICES" of this Chapter and to the following
provisions:
(1) Said signs must be oriented to the
pedestrian;
(2) Said signs shall not be internally
illuminated;
(3) Only fifteen percent (15%) of the entire
surface of the awning may be utilized for the
sign; and
(4) Said sign may include the company name,
company symbol and/or Anaheim Resort logo only.
(f) Window Identification Signs subject to
Exhibit 7.Oa entitled, "General Sign Standards Matrix"
and Exhibit 7.Ob entitled, "Hotel/Motel Sign Standards
Matrix" in paragraph 18.48.130.060.0604 entitled, "SIGN
STANDARD MATRICES" of this Chapter.
(g) Other signs as permitted elsewhere in this
Chapter.
.0602 Conditionally Permitted Signs. The following
signs shall be permitted subject to the approval of a
Conditional Use Permit pursuant to and in accordance with
the applicable provisions of Chapter 18.03 entitled, "ZONING
PROCEDURES -AMENDMENTS, CONDITIONAL USE PERMITS AND
VARIANCES" of this Code; this Section is not intended to
conditionally allow signs prohibited by this Chapter or to
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change the standards contained herein, but is intended to
provide a mechanism to address special circumstances.
(a) Changeable copy signs (including electronic
message boards) for a theater, entertainment facility,
convention center, amusement park; or, for hotel
complexes and recreational vehicle or campsite parks
provided the site on which the use is located is a
minimum of four (4) acres in area. In addition, the
following provisions shall apply to such signs:
(1) In addition to the permitted business
identification wall signs, changeable copy signs
shall be wall signs provided the top of such sign
is below the cornice of the building or
twenty-five (25) feet, whichever is lower except:
[a] A theater or entertainment facility
may have a changeable copy sign which
displays identification and program
information, the name of the theater or
auditorium and it may be a Marquee sign.
(2) Such signs shall not be visible from
residentially developed properties.
(3) The design of such signs shall be
integrated with the architecture of the building.
(4) Animation and bare bulbs are allowed as
they pertain to bulb matrix technology (a
technology used for reader board changeable
message signs).
(b) Signs neither otherwise expressly permitted
nor otherwise expressly prohibited in this Zone.
(c) Signs for any use, building or structure
requiring a Conditional Use Permit.
(d) Projecting signs as defined in subsection
18.48.130.010 entitled, "PROJECTING SIGN" in this
Chapter.
.0603 Prohibited Signs. The following types of
signs shall be prohibited in this Zone:
(a) A -frame or "sandwich board" signs.
(b) Animated signs.
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(c) Attachments or "riders" to signs.
(d) Beacon lights or beacon signs, when the
intent of such signs is advertising and not
entertainment, which shall not have adverse glare on
adjoining properties.
(e) Billboards.
(f) Business information signs.
(g) Can -type signs which incorporate translucent
copy and translucent background.
(h) Changeable copy signs (including electronic
message boards), as defined (except as otherwise
permitted under a Conditional Use Permit pursuant to
paragraph 18.48.130.060.0602 of this Chapter).
(i) Emitting signs.
(j) Exposed neon signs.
(k) Flashing or traveling light signs.
(1) Florescent colors on signs except for colors
on company symbols.
(m) Landscape signs. An arrangement of any plant
type (flowers, shrubs, etc.), which spells out words or
resembles a symbol or a figure shall not be permitted.
(n) Magnetic signs.
(o) Off -premises or off-site directional signs.
(p) On-site directional guidance and on-site
directory signs which are not part of a coordinated
architectural, informational, directional and
regulatory sign system.
(q) Paper, cloth and plastic streamer signs, and
flags, banners and fixed balloons except as otherwise
permitted pursuant to Section 18.05.070 entitled
"TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS—GENERAL,"
of the Anaheim Municipal Code.
(r) Painted signs on exterior walls.
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(s) Parapet signs except as otherwise permitted
for automotive service stations pursuant to paragraph
18.48.130.070.0702 entitled, "PARAPET WALL SIGNS" of
this Chapter.
(t) Pennants except as otherwise permitted
pursuant to Section 18.05.070 entitled "TEMPORARY
SIGNS, FLAGS, BANNERS AND BALLOONS—GENERAL," of the
Anaheim Municipal Code.
(u) Permanent "come-on' signs (e.g. "Sale Today,"
"Stop," "Look," 'Going out of Business," etc.) .
(v) Pole signs.
(w) Portable signs.
(x) Product advertising signs (e.g., soft drinks,
cigarettes, etc.).
(y) Roof signs.
(z) Rotating or revolving signs.
(aa) Signs attached to trees or landscaping.
(bb) Signs projecting over or into the public
right-of-way except as otherwise expressly permitted
herein.
(cc) Statues utilized for advertising purposes.
(dd) Temporary signs except as otherwise expressly
permitted herein.
(ee) Replicas of official traffic control signs or
signs so similar as to be confusing or hazardous to
traffic.
(ff) Vehicle entrance or exit signs which
incorporate business name(s) or other advertising not
in compliance with subparagraph 18.48.130.060.0601 (c)
entitled, "INFORMATIONAL, REGULATORY AND DIRECTIONAL
(IRD) SIGNS VISIBLE FROM THE PUBLIC RIGHT-OF-WAY" of
this Chapter.
(gg) Vehicle signs (signs mounted or displayed on
a vehicle for advertising purposes) or the parking or
storage of advertising vehicles on public or private
property.
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(hh) Wall signs located below the third (3) floor
level of a building and which signs are located on a
property adjacent to and visible from residentially
developed properties.
(ii) Window signs, including neon signs and signs
painted on display windows with day-glo, or temporary
paint (other than permitted window identification signs
as defined in subparagraph 18.48.130.060.0601(f)
entitled, "WINDOW IDENTIFICATION SIGN," of this
Chapter).
.0604 Sign Standard Matrices. In addition to all
other requirements contained in this Chapter, permitted
signs shall comply with the provisions of Exhibit 7.Oa
entitled, "General Sign Standards Matrix" and Exhibit 7.Ob
entitled, "Hotel/Motel Sign Standards Matrix" as hereinafter
set forth in this Chapter and the provisions of which are
incorporated herein by this reference.
.070 Automotive Service Station Signs. The following
provisions shall apply to all automotive service stations located
in this Zone.
.0701 Freestanding Monument Sign. Information on
this sign shall include only the company symbol or logo,
company name, special services (such as car wash) and
pricing information. In addition, the following provisions
shall apply to such signs:
(a) There shall be a maximum of one (1)
double-faced freestanding monument sign per street
frontage. The sign must be located at least
seventy-five (75) feet from any intersection. If
located upon a corner lot, said sign shall comply with
the Design Plan. If said sign is not located upon a
corner lot, said sign shall be located in the middle
thirty (30) percent of the street frontage of said lot.
(b) The width of the sign display area shall not
exceed ten (10) feet and the total sign display area
shall not exceed forty-nine (49) square feet.
Additionally, the sign display area must be placed on
the standard monument sign base as specified in Exhibit
7.Oa entitled, "General Sign Standards Matrix" in
paragraph 18.48.130.060.0604 entitled, "SIGN STANDARD
MATRICES" of this Chapter, for a maximum total height
of nine (9) feet above the finished grade of the lot.
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(c) Letter height of the company name shall be a
maximum of twelve (12) inches. Company symbol or logo
height shall be a maximum of eighteen (18) inches.
(d) Pricing signs shall conform to the provisions
of Division 5, Chapter 14, Article 12, Code Sections
13530-13540, of the Business and Professions Code of
the State of California, or any successor provisions
thereto. The height of any pricing numbers shall be a
minimum of six (6) inches and a maximum of ten (10)
inches provided the height is less than the height of
the company name and shall be either manually or
electronically changeable. All copy shall be contained
in the sign area closest to the street as specified in
Exhibit 7.Oa entitled, "General Sign Standards Matrix"
in paragraph 18.48.130.060.0604 entitled, "SIGN
STANDARD MATRICES" of this Chapter.
(e) Said signs may be illuminated internally;
however, the permanent background portion shall be
opaque, with only the message portion being
illuminated. They may also be illuminated by concealed
ground -mounted spotlights.
(f) These signs shall be constructed of materials
in compliance with the Design Plan.
.0702 Parapet Wall Signs. In addition to
freestanding monument signs, the company symbol and name may
be applied to the building. The following additional
provisions shall apply to said parapet wall signs:
(a) Said signs shall consist of individually
fabricated letters and/or company symbol or logo.
(b) Lighted signs may be internally illuminated
only.
(c) All signs shall be attached to the building
face without the use of visible supports or raceways.
(d) Letter height shall be a maximum of eighteen
(18) inches. Company symbol or logo height shall be a
maximum of twenty-four (24) inches.
(e) Said signs shall be limited to one (1)
exposure for each direction of traffic flow, up to a
maximum of four (4) exposures.
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.0703 Pump Top and Pump Face Signs. No signs other
than instructional or operational signs (e.g., "Self
Service," "Pay Cashier First") shall be permitted on the
pump top or pump island canopy, unless they are part of an
overall, designed corporate identity program for signage.
.0704 Lighter Box Signs. Lighter box signs, as
defined in subsection 18.48.130.010 entitled, "DEFINITIONS"
of this Chapter, shall be permitted in service stations;
provided that such signs have dimensions not exceeding two
(2) feet in height and the span of the working area or
thirteen (13) feet, whichever is less, and shall be limited
to the company name or company symbol or logo. Lighter box
signs shall conform to the provisions of Section 18.48.130
entitled, "SIGN REGULATIONS" of this Chapter. Signs
complying with this paragraph shall not be considered
freestanding monument signs.
.080 Temporary Signs, Flags, Banners, and Balloons. The
temporary display of signs, flags, banners and balloons for
advertising purposes shall be permitted, subject to Section
18.05.070 entitled, "TEMPORARY SIGNS, FLAGS, BANNERS, AND
BALLOONS—GENERAL" of the Anaheim Municipal Code.
.090 Anaheim Resort Nonconforming signage
Program -Replacement Signs. Notwithstanding the foregoing, for
participants in the Anaheim Resort Nonconforming Signage Program
modifications, (size, location, design) to freestanding monument
signs and wall signs may be permitted subject to the approval of
the Planning Director to comply with the Anaheim Resort
Nonconforming Signage Program adopted by resolution of the City
Council concurrently with adoption of SP92-2. The Planning
Director's decision shall be final unless appealed to the City
Council within ten (10) days from the date of such decision.
18.48.140 APPLICATION FEES.
By resolution, the City Council may establish fees and the
amounts thereof required to be paid to the City for review and
processing of Final Site Plans, or landscape plans, building
permits and any other application for subsequent approvals to
carry out the purposes of this Chapter to implement or amend
Specific Plan No. 92-2.
18.48.150 DEDICATION AND IMPROVEMENTS.
Dedication of street rights-of-way, public utility easements
and other public works and improvements shall be required in
connection with any work pertaining to the erection,
construction, reconstruction, moving, conversion, alteration or
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addition to any building or structure within this Zone as
otherwise required pursuant to Section 18.04.080 entitled,
"DEDICATIONS AND IMPROVEMENTS -GENERAL" of this Code.
18.48.160 RECLASSIFICATION PROCEDURE - VIOLATION.
Concurrent with or subsequent to introduction of an
ordinance adding this Chapter to the Anaheim Municipal Code, the
City Council may introduce an ordinance to reclassify the
property covered by Specific Plan No. 92-2 (SP No. 92-2) and this
Chapter to the zoning designation SP No. 92-2. Such
reclassification shall be subject to each of those certain
conditions of approval of SP No. 92-2 as set forth therein. 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
Anaheim Municipal Code.
18.48.170 PENALTIES FOR VIOLATIONS.
Any violation of the provisions of this Chapter shall be
subject to penalties as prescribed in Section 18.04.110 entitled,
"PENALTIES FOR VIOLATION OF REGULATIONS -GENERAL" of this Code.
Any condition caused or permitted to exist in violation of any of
the provisions of this Chapter shall be deemed a public nuisance
and may be, by this City, summarily abated as such, and each day
such condition continues shall be regarded as a new and separate
offense.
18.48.180 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES.
Boundaries of the Specific Plan area established by this
title, the classification of property uses therein, or other
provisions of this title may be amended, exceptions made
therefrom, or conditional uses permitted in accordance with the
facts, conditions, procedures and required showings specified in
Chapter 18.03 entitled, "ZONING PROCEDURES, AMENDMENTS,
CONDITIONAL USE PERMITS AND VARIANCES" and Chapter 18.93
entitled, "SPECIFIC PLANS" of this Code.
18.48.190 NONAPPLICABILITY OF CHAPTER TO CITY ACTIVITIES OR
PROPERTY.
No provision of this Chapter shall apply to or be a
limitation upon the City of Anaheim, whether the City acts in a
governmental or proprietary capacity.
SECTION 2. EXCEPTIONS TO APPLICABILITY OF NEW
REGULATIONS
To the extent any provision(s) of this ordinance would
otherwise apply to the development of property and said
provision(s) ("new regulations") contain restrictions or
limitations on the development of property greater than the
provisions which existed at the time Conditional Use Permit Nos.
3258 (in connection with Variance No. 4130), 3217, 3666 and 3389
were each approved ("prior regulations"), said prior regulations
shall continue to apply, and said new regulations shall not apply
to the construction, development or establishment of said
projects, with the exception of the new setback, landscape and
signage requirements set forth in the Anaheim Resort Specific
Plan Design Plan and Zoning and Development Standards, which
shall apply to said projects.
SECTION 3. 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 have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any
other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. 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
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and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offen:.;e 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: i.s approved and adopted by the City
Council of the City of Ananei-.�! tiii ; 27th day of September
1994.
MAYOR OF THE CITY OF AN IM
ATTEST,.: )
CITY CLERK OF THE -CI`T'Y OF ANAHEIM
�`
8664.1\SMANN\September 20, 1994
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. 5453 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th
day of September, 1994, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 27th day of September, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
Feldhaus, Pickier, Hunter, Daly
None
Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5453 on the
28th day of September, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 28th day of September, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No 5453 and was published once in the North Orange County News on the 6th day of
October, 1934.
CITY CLERK OF THE CITY OF ANAHEIM