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5813ORDINANCE NO. 5813 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CODE SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (COMPUTER RENTAL/INTERNET AMUSEMENT BUSINESSES). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.01.040 "C" Words, Terms and Phrases, of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add the following definitions: `Computer Rental/Internet Amusement Business.' A business establishment which, for compensation, provides for public use ten (10) or more computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, E -Mail, video games played over the Internet or other computer game software, whether or not said computer activity constitutes the primary use of the premises. Establishments known variously as PC Cafes or Zones, Internet Cafes or Zones, Cyber Cafes or Cyber Centers are expressly included within the foregoing definition. Educational institutions and child care centers, as said terms are defined in Chapter 18.01 of the Anaheim Municipal Code, are not included. `Computer' includes any electronic device designed or intended to access the Internet or for interconnection with other devices for playing electronic games." SECTION 2. That subsection .020 of Section 18.06.050. of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: NX .020 Commercial and Institutional Uses: .021 Office Uses: .0211 Medical and/or Dental Offices: Six (6.0) spaces per 1000 square feet of GFA. .0212 Professional and General Business Offices and Research and Development: Four (4.0) spaces per 1000 square feet of GFA for buildings of three stories or less; three (3.0) spaces per 1000 square feet of GFA for buildings of more than three stories. .022 Retail Stores and Service Businesses - General: Five and one-half (5.5) spaces per 1000 square feet of GFA for the first 100,000 square feet of GFA; plus four and one-half (4.5) spaces per 1000 square feet of GFA over 100,000 square feet. .0221 Financial Institutions: Five (5.0) spaces per 1000 square feet of GFA for facilities without drive -up windows; six (6.0) spaces per 1000 square feet of GFA for facilities with drive -up windows. .0222 Motor Vehicle Repair Facilities: Three and one-half (3.5) spaces per 1000 square feet of GFA or five (5) parking spaces, whichever is greater. .0223 Motor Vehicle Sales Facilities: Two and one- half (2.5) spaces per 1,000 square feet of GFA for interior showroom use plus four (4) spaces per 1,000 square feet of GFA for office use, plus five and one-half (5.5) spaces per 1,000 square feet of GFA for parts, sales, storage and repair use. .0224 Kiosk Facilities (such as keys, film, etc.)- One (1.0) space per twenty-five (25) square feet of GFA or. five (5) spaces per facility whichever results in the greater number of spaces. .0225 Convenience Market, Take-out, Food/Meal Service: Five and one-half (5.5) spaces per 1,000 square feet of GFA plus three (3) parking spaces for the first additional use plus one parking space for each additional use thereafter, except that said additional spaces shall not be required when the use is integrated within a commercial retail center. .0226 Furniture, Carpet and Flooring - Sales and Display: Two and one-quarter (2.25) spaces per 1,000 square feet of GFA. .0227 Computer Rental/Internet Amusement Businesses: Nine -fiftieths (0.18) of a space per computer or five and one-half (5.5) spaces per 1,000 square feet of GFA, whichever results in the higher number of parking spaces. 2 .023 Eating and/or Drinking Establishments: .0231 Restaurants — Enclosed and Semi -Enclosed, with or without cocktail lounge and/or entertainment facilities, and integrated into a planned development complex such as a shopping center or industrial complex: Eight (8.0) spaces per 1,000 square feet of GFA. .0232 Restaurants — Enclosed and Semi -Enclosed, with or without cocktail lounge and/or entertainment facilities, and not integrated into a planned development complex such as a shopping center or industrial complex: Fifteen (15.0) spaces per 1,000 square feet of GFA. .0233 Restaurants — Walk up, Drive-in, Drive-through, Fast Food: Sixteen (16.0) spaces per 1000 square feet of GFA. .0234 Restaurants, Take-out (not to exceed a cumulative maximum total of ten seats for patrons): Five and one-half (5.5) spaces per 1,000 square feet of GFA. .0235 Bars and Nightclubs: Seventeen (17.0) spaces per 1,000 square feet of GFA. .0236 Billiard Halls: Two (2) parking spaces per billiard table, plus required parking for other uses within the facility. .024 Lodging Accommodations: .0241 Hotel/Motel Facilities: The following number of parking spaces shall be provided: Four-fifths (0.8) of a space for each guest room, plus eight (8.0) spaces for each one thousand (1,000) square feet of banquet/meeting room, eating/drinking and restaurant floor area and one (1.0) space per 1000 gross square feet of retail space, plus one-quarter (.25) space for each employee working in guest room areas. .0242 Bed and Breakfast Inns: One (1) parking space for each bedroom in the residence, plus one (1) parking space for each nonresident employee, plus one (1) additional parking space for visitors. For purposes of this subsection only, the term "bedroom" shall mean any room designed, intended or primarily used for sleeping purposes. 3 .025 Amusement and Recreational Facilities: .0251 Theme Amusement or Recreation Type Facilities: Due to the unique nature of these types of uses, parking requirements shall be determined by the City Traffic and Transportation Manager and/or Planning Commission based upon the nature and extent of the intended use and upon information contained in 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 by the developer to the City, at the developer's sole expense, at the time of application for such use. .0252 Bowling Alleys: Three (3) spaces per bowling lane plus one space per each thirty-five (35) square feet of GFA used for public assembly, plus five and one-half (5.5) spaces per 1000 square feet of GFA used for other commercial purposes. .0253 Golf Course - General: Ten (10) spaces per hole plus one (1) space per each thirty-five (35) square feet of GFA used for public assembly, plus five and one-half (5.5) spaces per 1000 square feet of GFA used for other commercial purposes. .0254 Golf Course - Miniature: Twenty (20) spaces per course, plus one space per each employee. .0255 Golf Driving Range: One (1) space per driving tee. - .0256 Skating Rinks - Ice or Roller: Two and four -tenths (2.4) spaces per 1000 square feet of GFA. .0257 Racquetball Facilities: Five (5.0) spaces per court. .0258 Tennis Facilities: Five (5) spaces per court. .0259 Theaters: .02591 Live Performance: Four -tenths (0.4) space per seat or per patron, whichever results in a higher number, plus eight -tenths (0.8) space per employee, including performers. 4 .02592 Single Screen Motion Picture Theater: Six -tenths (0.6) space per seat or per patron, whichever results in a higher number, plus five (5) employee spaces. .02593 Multi -Screen Motion Picture Theater: Three -tenths (0.3) space per seat or per patron, whichever results in a higher number, plus (2) employee spaces per screen. .0260 Health Spas and Physical Fitness Centers: Five and one-half (5.5) spaces per 1,000 square feet of gross floor area for facilities under 4,000 square feet; for facilities 4,000 square feet or larger, parking requirements shall be determined by the City Traffic and Transportation Manager and/or Planning Commission based upon 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 by the developer to the City, at the developer's sole expense, at the time of application for such use. .026 Educational and Institutional Uses: .0261 Art Galleries with Accessory Retail Sales, Exhibition Halls, and Museums: Three and three -tenths (3.3) spaces per 1,000 square feet of GFA. .0262 Assembly Halls and Auditoriums: One-third (0.333) space per fixed seat or twenty-nine (29) spaces per 1,000 square feet of GFA of the assembly area, whichever results in the higher number of parking spaces, plus four (4) spaces per 1,000 square feet of GFA for office use, plus, if a kitchen facility is provided, two -hundredths (.02) space per person for the maximum capacity figure of the assembly area determined by the City Fire Department. .0263 Business Schools, Trade Schools and Training Centers: Eighty-two hundredths (0.82) space per student or twenty (20) spaces per 1,000 square feet of GFA of instruction area, whichever results in the higher number of parking spaces, plus four (4) spaces per 1,000 square feet of GFA of office area. .0264 Child Daycare Centers, Preschools and Nurseries: One (1) space per employee plus one (1) space per 5 ten (10) children plus one (1) space for loading and unloading children on-site. .0265 Convalescent Homes and Senior Citizens' Apartment Project — Congregate Care: Eight -tenths (0.8) space per bed. .0266 Churches, Synagogues and other Places of Religious Worship: One-third (0.333) space per fixed seat or twenty-nine (29) spaces per 1,000 square feet of GFA for the assembly area, whichever results in the higher number of parking spaces, plus four (4) spaces per 1,000 square feet of office use, plus, if a kitchen facility is provided, two -hundredths (.02) space per person for the maximum capacity figure of the assembly area determined by the Fire Department. Churches, synagogues and other places of religious worship which also provide educational and/or daycare services on the premises which meet the standard set forth in this paragraph .0266 shall not be required to provide additional parking for said accessory uses. .0267 Elementary Schools and Junior High Schools: One (1) space per classroom, plus one (1) space per non -office employee, plus four (4) spaces per 1,000 square feet of GFA for office use, plus parking as required by paragraph .0262 for any assembly halls and auditoriums. .0268 High Schools: One (1) space per nonoffice employee, plus one (1) space per six (6) students, plus four (4) spaces per 1,000 square feet of GFA for office use, plus parking as required by paragraph .0262 for any assembly halls and auditoriums. .0269 Hospitals and Other In -Patient Care Facilities: One (1) space per bed, plus six (6) spaces per 1,000 square feet of GFA for the remaining area not containing rooms with beds. .027 Transportation Terminals and Heliports: Due to the unique nature of these uses, parking requirements shall be determined by the City Traffic and Transportation Manager and/or Planning Commission based upon information contained in 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 by the developer to the City, at the developer's sole expense, at the time of application for such use. C .028 Self -Storage Facilities: Twenty-seven hundredths (0.27) space per 1,000 square feet of gross floor area or five (5) spaces, whichever results in a higher number, plus adequate loading and unloading areas as required by the City Traffic and Transportation Manager." SECTION 3. That subsection .145 be, and the same is hereby, added to Section 18.44.050. of Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: ".145 Computer Rental/Internet Amusement Businesses, as defined in Section 18.01.040 of this Code." SECTION 4. That new subsection .055 be, and the same is hereby added to Section 18.50.090 of Chapter 18.50 of Title 18 of the Anaheim Municipal Code to read as follows: "'.055 Computer Rental/Internet Amusement Businesses, as defined in Section 18.01.040 of this Code, where located within a 'planned mixed use development,' as defined in subsection 18.50.020.130 of this chapter." SECTION S. That subsection .0441 of Section 18.55.044 of Chapter 18.55 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.55.0441 LIMITATIONS AND EXCEPTIONS TO PERMITTED, ACCESSORY, AND CONDITIONAL USES AND STRUCTURES. Notwithstanding any other provisions of this Chapter to the contrary, the following permitted, accessory, and conditional uses shall not be permitted: .010 Billboards, as defined in Chapter 18.05. .015 Amusement device arcades. .020 Boarding and/or lodging houses. .025 Non-residential use of residential structures. 7 .030 Bars and cocktail lounges, unless integrated with a full-service restaurant that has been approved by a Conditional Use Permit pursuant to Section 18.55.0442.080. .032 Computer Rental/Internet Amusement Businesses, as defined in Section 18.01.040 of this Code. .035 Hotels, motels, and motor inns. .040 Large collection facilities for recycling purposes. .050 Labor camps. .060 Liquor stores. .070 Massage parlors. .080 Mobilehome and/or trailer parks. .090 Mobilehome park subdivisions. .100 Nightclubs. .110 Off -premises sale of alcoholic beverages unless specifically approved in conjunction with a Conditional Use Permit for a market or grocery store having an interior building floor area of greater than 30,000 square feet pursuant to Section 18.55.0442.060. .120 Pawnshops. .125 Pool and/or billiard centers .130 Public dance halls, as defined in Chapter 4.16 .140 Reconstruction of a single family residence damaged or destroyed, except as provided in Section 18.44.020.305. .160 Saunas and/or Turkish baths. .170 Self -storage or mini -warehouse facilities. .180 Sex oriented businesses." n SECTION 6. That new subsection .115 be, and the same is hereby added to Section 18.56.064 of Chapter 18.56 of Title 18 of the Anaheim Municipal Code to read as follows: ".115 Computer Rental/Internet Amusement Businesses, as defined in Section 18.01.040 of this Code." SECTION 7. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of 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 S. 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 9. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. 7 THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 11th day of .Tune , 2002. MAYOR OF THE CITY OF TAHEIM ATTEST: ITY CLKRK OF THE CITY OF ANAHEIM 43597.5\SMANN\May 13, 2002 10 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5813 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of June, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of June, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None CITY CL K OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA. ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951. Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: June 20. 2002 " I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executeat Santa Ana, Orange County, Califorri o on tJ t\i L1! Jape 20, 2002 C= u- =Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp S90 P OF AW OW00ACE NO. 5813 N ORDMIMICE OF THE CITY OF ANAHEIM. IN ARKW$ SE6`F W OF TITLE 10 OF THE Ali M 1CIPA}.00Mfr1ELATING TO ENTAWNTE'1111NET AMUSEME SM his o anTitle 16 d this Anaheim MutniciPal X48 rm^i Puror renlaUtrtNt m b s fat- easea. Tf,.ae revisions, are generelfY )ws: Incorporates, a broad dsllndlon of computer renhdlintemet unusarnatt bueinasaes kite Tins /8; Chapter 13.01 Definitions - Zonkt3 Code). !. Allows oomput r rentWw"mot arrmsementbusinesses, here auttwrta.d by the approval of a conditional use per- nk in the CL (Commerciai, Limited) Zone. 3. ProhiWls computer rentsVintemet amusement busin es n the BCC (BMgkhurst Commercial Cortldor) and SA (South Anaheim Boulevard Corridor) Overlay Z—' 4. Allows computer rentalllntern t amusement businesses, whore authorized by the appy of a conditional use per- mit, in the SE (Sports Entertainment) Ovarial Zone only where locatedwithkt a'Manned misted use development' as defined in subsection 19 50.020.130. 5. Adds specific parking requirements for computer rerdeliMfternstarr buakres I, Sheryll Schroeder, City Glerk of the City of Anaheim, do hereby cert�'rffyy that'the tora3 b frautrxnNY of Ordinance No. 5813 which ordnance Mraa Ai a regular meet- ing of Uta Council all C(lyOtAtrnhekn on tl,e 4triet qday of June, 200 and Was d� P� arKt Jurat 2002 by lar of of said 0w;Jo=n tlt! 1t t Y the following roll call vote of metnberothered: AYES: Mayor Day, Council Members: Feldhaus, Kring, McCracken, Taft NOES: None ABSENT: None The above summary is a brief d"adr0Uon of this subject mat ter contained in the led (if Ordinance Ne. 5613 which has =,Orreparsd pursuant 10 SectiortS12 of the Charter of the C ty Anaheim. This summary does not include or de - relied on as a sub titute fion of orrV* ttu dashould o dinance. To obtain a copy of the full teem of to ordlr� ce, please con tact the Office of the City C", U(714) 766.5166, between 8:00 AM and 5:00 PM, Monday Through Friday. There is no charge for the copy. i Publish: Anaheim Bulletin iJune 20, 2002 25.609 5232769