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5243ORDINANCE No. 5243 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.32.050, 18.34.050, 18.80.050 AND 18.81.050 OF CHAPTERS 18.32, 18.34, 18.80 AND 18.81, RESPECTIVELY, AND ADDING NEW CHAPTER 18.97 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MIXED USE PROJECTS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That new Subsection .110 be, and the same is hereby, added to Section 18.32.050 of Chapter 18.32 of Title 18 of the Anaheim Municipal Code to read as follows: 11.110 Commercial uses as defined in Section 18.44.020 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code subject to the provision of Chapter 18.97 `Criteria for Mixed Residential and Commercial Uses' hereof, but excluding the following uses which shall be specifically prohibited: (a) amusement device arcades; (b) bus depots; (c) dance halls; (d) dry cleaning plants; (e) health spas and physical fitness centers; (f) mortuaries; (g) pet shops; (h) private lodges; (i) clubs and meeting halls; (j) saunas; (k) restaurants and bars; and (1) vehicle accessory and parts houses." SECTION 2. That new Section .055 be, and the same is hereby, added to Section 18.34.050 of Chapter 18.34 of Title 18 of the Anaheim Municipal Code to read as follows: 11.055 Commercial uses as defined in Section 18.44.020 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code subject to the provisions of Chapter 18.97 'Criteria for Mixed Residential and Commercial Uses' hereof, but excluding the following uses which shall be specifically prohibited: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) SECTION 3. E2 amusement device arcades; bus depots; dance halls; dry cleaning plants; health spas and physical mortuaries; pet shops; private lodges; clubs and meeting halls; saunas; fitness centers; restaurants and bars; and vehicle accessory and parts houses." That new subsection .080 be, and the same is hereby, added to Section 18.80.050 of Chapter 18.80 of Title 18 of the Anaheim Municipal Code to read as follows: 11.080 Commercial uses as defined in Section 18.44.020 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code subject to the provisions of Chapter 18.97 'Criteria for Mixed Residential and Commercial Uses' hereof, but excluding the following uses which shall be specifically prohibited: (a) amusement device arcades; (b) bus depots; (c) dance halls; (d) dry cleaning plants; (e) health spas and physical fitness centers; (f) mortuaries; (g) pet shops; (h) private lodges; (i) clubs and meeting halls; (j) saunas; (k) restaurants and bars; and (1) vehicle accessory and parts houses." SECTION 4. That new subsection .080 be, and the same is hereby, added to Section 18.81.050 of Chapter 18.81 of Title 18 of the Anaheim Municipal Code to read as follows: 11.080 Commercial uses as defined in Section 18.44.020 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code subject to the provisions of Chapter 18.97 'Criteria for Mixed Residential and Commercial Uses' hereof, but excluding the following uses which shall be specifically prohibited: 2 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) SECTION 5. amusement device arcades; bus depots; dance halls; dry cleaning plants; health spas and physical fitness centers; mortuaries; pet shops; private lodges; clubs and meeting halls; saunas; restaurants and bars; and vehicle accessory and parts houses." That new Chapter 18.97 be, and the same is hereby, added to Title 18 of the Anaheim Municipal Code to read as follows: "CHAPTER 18.97 CRITERIA FOR MIXED RESIDENTIAL AND COMMERCIAL USES. 18.97.010 DESCRIPTION AND PURPOSE The purpose of this Chapter is to provide minimum standards for an orderly development for vertical mixed use of commercial and residential uses in residential zones and to maintain and enhance these living environments consistent with established community values. These are minimum standards and additional enhancements are encouraged. 18.97.020 CONDITIONAL USE PERMIT REQUIRED Mixed residential and commercial uses on a single site and in a single building, shall be permitted as a conditional use in the RM -2400 'Residential, Multiple - Family', RM -1200 'Residential, Multiple -Family', PD- C/RM-2400 'Parking District-Commercial/RM-2400' and PD- C 'Parking District -Commercial' Zones of the City; provided, however, (i) that no such development shall be permitted in that area of the City designated as the Scenic Corridor Overlay (SC) Zone; (ii) that such development shall be permitted only when located on property immediately contiguous to a major or primary arterial highway as designated on the Circulation Element of the Anaheim General Plan; and (iii) that such developments shall be permitted only in the above- specified zones provided that a Conditional Use Permit is first approved, pursuant to the provisions of Chapter 18.03 of this Title. 3 18.97.030 SITE DEVELOPMENT STANDARDS. This chapter recognizes mixed residential and commercial uses as a special land use category. The unique characteristics of retail and commercial uses require special development standards to allow commercial uses to be compatible with residential uses when the two uses are located within the same building. A typical development will be characterized by multiple story buildings with commercial use located on the street level with residential units located above the commercial uses, with no direct access between the commercial and residential uses. If a project that has mixed commercial and residential uses in a single building qualifies as 'deck housing' as defined in Section 18.01.090.065 of the Anaheim Municipal Code, the Site Development Standards of Chapter 18.96 of the Anaheim Municipal Code shall apply in addition to the provisions of this Chapter. In the event of any conflict between the provisions contained in this chapter and any other provision of this Code, the provision contained in this chapter shall prevail. The following Site Development Standards shall apply in addition to any conditions of approval expressly imposed on the project. 18.97.031 BUILDING SITE REQUIREMENTS. .010 Minimum Building Site Size. The minimum building site size of a mixed use project shall be three (3) acres. There shall be no subdivision of any mixed use development regardless of the building site size. .020 Minimum Building Site Width. The minimum building site width shall be two hundred and fifty (250) feet. .030 Maximum Lot Coverage. Lot coverage by all structures, including accessory buildings, shall be as authorized by the Conditional Use Permit approving such project. 4 18.97.032 FLOOR AREA LIMITATIONS. .010 Minimum Floor Area of Dwelling Units. The minimum floor area per dwelling shall be as required in the underlying zone. .020 Maximum Floor Area of Commercial Uses. The maximum total floor area of the commercial uses shall not exceed fifteen percent (15%) of the total floor area of the mixed use development including all residential and commercial uses, but excluding any parking structures or garages or other accessory buildings. 1.8.97.033 BUILDING AND STRUCTURAL HEIGHT LIMITATIONS. .010 Maximum Building and Structural Height Limitation. The maximum height of any building shall be as authorized by the Conditional Use Permit approving such project; provided, however, that for parcels located within fifty (50) feet of any single-family residential zoned property (except (i) property under a resolution of intent to any commercial or multiple -family zone (ii) property dedicated to and used for public purposes or (iii) property which is developed for, or approved for development of, any non -single-family residential use) the height of any structure shall not exceed a height equal to one-half the distance from such structure to said single-family residential zoned property as measured to the nearest point. For purposes of this section, the height of any structure shall be as defined in Section 18.01.090 ('H' Words, Terms and Phrases). .020 Minimum Building and Structural Height Limitations. At least fifty percent (50%) of a mixed use development shall be at least three (3) stories in height and no part of the development shall be less then two (2) stories including parking structures approved under the Deck Housing Ordinance set forth in Chapter 18.37 of Anaheim Zoning Code and, at least two (2) stories of residential uses shall be located above all commercial uses. 5 18.97.034 STRUCTURAL SETBACK AND YARD REQUIREMENTS. .010 The minimum structural setback from any street or arterial highway shall be as required in the underlying zone except that said setback shall be increased an additional ten (10) feet for the parking structure where said parking structure is less than fifty percent (50%) below the grade level of the building site as measured at the curb (grade at the curb shall include any additional building pad height required by the UBC for drainage purposes, provided said height shall not exceed an additional twenty-four (24) inches) . 18.97.035 PERMITTED ENCROACHMENTS INTO REQUIRED YARDS. Permitted encroachments into required yards, unless otherwise expressly provided for herein, shall be the same as allowed in the underlying zone. 18.97.036 MINIMUM DISTANCE BETWEEN BUILDINGS AND MINIMUM PEDESTRIAN ACCESSWAYS. .010 Minimum Distance Between Buildings. The minimum distance between buildings including parking structures or garages shall be the same as required by the underlying zone. .020 Pedestrian Accessway From Primary or Major Arterial Highways. Pedestrian accessways to any dwelling unit or common recreational leisure area from a public or private street, alley or private driveway shall be the same as required in the underlying zone except that there shall be no direct pedestrian access to any residential dwelling unit or common recreational leisure area from a major or primary arterial highway. .030 Pedestrian Accessway Between Commercial Use and Dwelling Units. The commercial and residential uses of the project shall be separated, including, without limitation, project hallways, doorways, elevators or stairways, to restrict pedestrian access between the two uses of the project. The separations shall be shown on the plans submitted for the Conditional Use Permit and said separations shall be permanently maintained. 0 6 18.97.037 REQUIRED BOUNDARY SCREENING. .010 Boundary screening, unless otherwise expressly provided for herein, shall be the same as required in the underlying zone. 18.97.038 REQUIRED REFUSE STORAGE AREA. .010 Separation of Refuse Storage Areas. Refuse storage areas shall conform to the standards as shown on the document entitled 'Refuse Container Enclosure for Multiple -Family Residential Commercial and Industrial Use' (Form 139) on file with the City of Anaheim or as otherwise approved by the Director of Maintenance with the additional requirement that the refuse storage facilities for the residential and commercial users shall be maintained as separate facilities as to not allow commingling of the separate facilities. 18.97.039 REQUIRED PRIVATE STORAGE AREAS. Private storage areas for each dwelling unit shall be provided and maintained as required by the underlying zones. 18.97.040 LANDSCAPE REQUIREMENTS. Landscaping of the project shall comply with the underlying zone. 18.97.041 SEPARATE ELEVATORS ACCESS. Elevators shall be provided as required by the underlying zones with the additional requirement that there shall be no access to elevators designated for use by the residential use from the commercial use or from the adjacent primary or major arterial highway. 18.97.042 SOUND ATTENUATION Residential portions of the project shall be designed to limit the interior noise caused by the commercial portions of the project to a maximum of 45 db CNEL on an annual basis in any habitable room with windows closed. Proper design may include, but shall 7 not be limited to, building orientation, double or extra -strength windows, wall and ceiling insulation and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required level, means shall be provided for ventilation/cooling to provide a habitable environment. 18.97.043 VEHICLE PARKING REQUIREMENTS .010 Compliance with Existing Parking Requirements. Vehicle parking shall be provided as required by Chapter 18.06 of the Anaheim Municipal Code. The parking requirements for the residential and commercial uses shall be calculated and satisfied independently. Variances to permit deviation from these requirements due to the unique nature of a Mixed Use Project may be processed pursuant to Section 18.06.080 of the Anaheim Municipal Code. .020 Separation of Parking Areas. Parking areas for the residential and commercial uses shall be separated so as to prohibit unrestricted access to the residential use parking area from the commercial use parking area. If there is vehicular and/or pedestrian access to the residential parking area from the commercial parking area, the residential parking area shall be designed in a manner which limits access only to the residential tenants of the building and guests of the residential tenants. Adequate devices and designs shall be utilized to provide such restrictive access. .030 Design of Ingress and Egress to the Parking Areas. Approval of the design of the parking areas and of the ingress and egress to the parking areas shall be based upon information contained in a traffic engineering study prepared by an independent traffic engineer licensed by the State of California or such other study as approved by the City Traffic Engineer and provided to the City by the developer, at the developer's expense, at the time of the application for the use. The study shall minimally contain and address the following factors: (1) the design and location of the separate driveway entrances to the residential and commercial portions of the project; (2) proper identification of the separate parking entrances to the residential and commercial portions of the project; and h (3) layout and design of the separate parking lots designated for residential and commercial uses. If shared driveway(s) to the residential and commercial parking areas are proposed, the study shall discuss the alternatives of shared versus separate driveways. 18.97.044 SIGNAGE .010 Signs. The proposed signage for the residential and commercial mixed use project shall be submitted as a specific exhibit(s) in conjunction with the Conditional Use Permit application. No signs shall be permitted as part of this project except as permitted by Section .091 of Chapter 18.05 of Title 18 of the Anaheim Municipal Code, and except as hereinafter specified. .020 Location of Wall Signs. Use of signs for the commercial portion of the project shall be limited to the wall signs facing the street(s) and/or highways on which the commercial building fronts. .030 Free -Standing Directional Signs. Free-standing directional signs to direct traffic to the commercial and/or residential portions of the project may be permitted as approved in conjunction with the conditional use permit. The traffic study required under Section 18.97.042 of this Chapter shall analyze the justification and proposed restrictions for such signs. .040 Maximum Displav Area of Wall Sians. The building wall area utilized to determine the maximum size of the wall sign shall only include that portion of the wall area of the building that is utilized for the commercial use. 18.97.045 HAZARDOUS MATERIALS The increase in hazardous materials permitted in retail sales occupancies by Section 16.08.100 of this Code shall not be permitted in mixed use projects." VJ SECTION 6. 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 7. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other remaining portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid and that such remaining portions shall remain in full force and effect. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 23rd day of July 1991. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM SJM ORDRES\042MXUSE.17 10 v ROR OF THE CITY OF AHEIM 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. 5243 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day of July, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of July, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5243 on the 24th day of July, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 24th day of July, 1991. GL - 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. 5243 and was published once in the Anaheim Bulletin on the 2nd day of August, 1991. CITY CLERK OF THE CITY OF ANAHEIM